town may lawfully choose, except town clerk, council, justices of the peace, and treasurer. SEC. 14. If any surveyor of highways shall not signify his accept- When council ance of his appointment, to the town clerk of said town, within shall appoint twenty days after his election, the town council shall appoint another surveyor in his place. SEC. 15. Mayors of cities shall be elected by a majority of the electors voting for the candidates for said office, qualified to vote in the election of general officers. SEC. 16. Names of the candidates for mayor, for aldermen, and for city councilmen in said cities, shall be respectively written or printed on separate ballots. SEC. 17. No envelopes shall be used in the election of mayor, aldermen, common council, wardens, or ward clerks of said cities. SEC. 18. Unless some other form of engagement be specially by law prescribed, every person elected to any town or city office, whether by the town, city council, or board of aldermen, or town council, and every moderator and warden, and ward and district clerk, shall take the following engagement before he shall act therein, before a senator, judge, justice of the peace, notary public, the town clerk, the town council, or a member of the town council: You do solemnly swear (or affirm) that you will be true and faithful unto this state, and support the laws and constitution thereof, and the constitution of the United States; and that you will well and truly execute the office of for the ensuing year, or until another be engaged in your place, or until you be legally discharged therefrom; so help you God; (or, this affirmation you make and give upon peril of the penalty of perjury.) surveyor of highways. Mayors of cities, how and by whom elected. of ballots for mayor, aldermen, and city councilmen. Envelopes pro hibited. Oath of town and city offi cers. SEC. 19. The officer administering the oath shall make and deliver Certificate of to such officer a certificate of the taking of such oath. oath. bond. SEC. 20. Every collector of taxes shall give bond, with sufficient Collector of surety, to the town treasurer of the town for which he is chosen, in taxes to give such sum as the said town or the town council of said town may appoint, not exceeding double the amount of the tax with the collection of which he shall be charged, for the faithful performance of such trust. SEC. 21. In case of the death, resignation, or removal, of any collector of taxes, the collector who may be appointed to complete the collection thereof, shall have the same power to collect the same as is by law given to the collector first appointed. SEC. 22. All town officers shall hold their offices until the next annual election of town officers, and thereafter until their successors shall be qualified by law to act; unless in cases in which it is expressly provided to the contrary. Who to collect taxes, in case of death, &c., of collector. Town officers to serve until successors qualified. Power of town council to fill vacancies. Prosecuting of SEC. 23. Whenever a vacancy shall occur in any office by death, removal out of the town, or resignation, the town council may fill the same until the next town meeting, for the election of such officers. SEC. 24. Officers elected by a town to prosecute for a violation of its ordinances, by-laws, and regulations shall not be required to give ficers not resurety for costs upon complaints made by them therefor, but such quired to give town shall be directly liable to the state for costs incurred in such plaints. prosecution. surety on com Quorum of town council; what majority decides. General power of town council. Town councils to appoint weighers of slaughtered cattle. May appoint field drivers. May appoint inspector of saleratus, &c. To appoint sur SECTION 1. A majority of the persons elected members of any town council shall be a quorum; and a majority of the members present at any legal meeting may determine any matter legally before them. SEC. 2. The council of each town shall have full power to manage the affairs and interests of such town, and to determine all such matters and things as shall by law come within their jurisdiction. SEC. 3. The town councils of the several towns and cities shall, annually, in the month of April, appoint, the board of aldermen of Providence, not less than six; of Newport, not less than three; and the town councils of all other towns, not less than two persons, for the purpose of weighing neat-cattle slaughtered for sale in their respective towns. SEC. 4. They may appoint one or more field drivers for their respective towns, with the same power to impound animals as the freeholders and qualified voters of the towns have. SEC. 5. The town councils of the several towns may appoint an inspector of saleratus, bi-carbonate of soda, and cream of tartar, for each of their respective towns. SEC. 6. The town councils of all towns, where boards, plank, timveyors of lumber, joist, and scantling are imported for sale, shall, annually, on or before the first day of March, appoint one or more surveyors and ber. measurers of boards, plank, timber, joist, and scantling, removable at the pleasure of the council, who shall each be engaged, and give bond, with two sureties, in the sum of five hundred dollars, to the town treasurer, for the faithful discharge of the duties of said office. SEC. 7. In case of vacancy in the office of any officer, whom a To elect town town or town council is authorized to elect, the town council may elect a suitable person to fill such vacancy. SEC. 8. The town clerk shall be clerk of the council; but whenever any town clerk shall not appear at the time and place appointed for the meeting of the town council, the town council may appoint a clerk pro tempore, who, after being duly engaged, shall do and perform all the duties enjoined by law on the town clerk, as clerk of the council. officers in case of vacancy. Clerk of coun cil, who, and of clerk pro tem. to elect clerk SEC. 9. Whenever it shall satisfactorily appear to the town council Town council that the town clerk is disqualified, from any cause whatsoever, to exercise and perform the several duties of said office, they may and shall protem., when. appoint a clerk, pro tempore, who shall be duly qualified as aforesaid, and shall be authorized to perform all the duties of town clerk, until such disability of the town clerk is, in the opinion of the town council, removed, or until a town clerk may be legally elected by the town. ways, when. SEC. 10. In case of the incapacity of any surveyor of highways, To remove suror of any tyrannical and unwarrantable exercise by him of the pow- veyors of high. ers of his office, the town council may, after giving him such notice as they may deem reasonable, either suspend or altogether remove him from his office, and appoint another in his place. boards of health. SEC. 11. The several town councils and boards of aldermen shall Powers of, as be ex officio boards of health in their respective towns, and may make such rules and regulations, not repugnant to law, as they shall judge proper, for the preservation of the health of the inhabitants thereof, the prevention and abatement of nuisances, the promotion of cleanliness, the removal of the causes and the prevention of the introduction and spread of any contagious or infectious disease therein; either by removing the inhabitants of their respective towns, or forbidding or regulating ingress or egress of persons to and from the same, or any parts thereof, or otherwise; and, in case of sea-port towns, by making rules and regulations respecting quarantine. laws. SEC. 12. They shall affix penalties for the breach of such rules and To affix penalregulations by them made in their said capacity, not exceeding three ties to health hundred dollars fine, or six months imprisonment, for any one offence, unless otherwise provided by law, said fine to enure, one half thereof to the use of the complainant, and the other half thereof to the use of the town. To license and and performsuppress shows ances. SEC. 13. The town councils and boards of aldermen may license, regulate, and if they shall find it expedient, prohibit and suppress, theatrical performances, rope and wire dancing, and all other shows and performances in their respective towns, conforming to law. SEC. 14. They may tax, regulate, and if they shall find it dient, prohibit and suppress, bowling alleys and billiard tables in press bowling their respective towns, conforming to law. expe SEC. 15. They may grant a license, for a term not exceeding one year, under such restrictions and regulations as they shall think proper, to the owner of any house, room, or hall in the town, for the purpose of permitting exhibitions therein, which license shall be revocable at the pleasure of said town council. To tax or sup alleys and bil- To settle assize of bread. To offer rewards for apprehension of criminals. To make police regulations. Penalties of police regulations. To regulate the construction of doors, &c., of lecture rooms, halls, &c. To prescribe SEC. 16. They may make ordinances, by-laws, and regulations for settling the assize of baker's bread in their respective towns, not contrary to the laws of the state: Provided, the penalty for any breach of the same shall not exceed five dollars, or the forfeiture of the bread not made in conformity thereto. SEC. 17. Every town council, or mayor of any city acting with the advice of the board of aldermen thereof, may offer a suitable reward, not exceeding five hundred dollars in any one case, for the detention, apprehension, and conviction of any offender committing a high crime or misdemeanor within the limits of their respective towns or cities, to be paid by the town or city treasurer upon the order of the town council or mayor and aldermen, out of any funds of the town or city not otherwise specifically appropriated. SEC. 18. Town councils and city councils may from time to time make and ordain all ordinances and regulations for their respective towns, not repugnant to law, which they may deem necessary for the safety of their inhabitants from fire, firearms, fire-works, explosion of gunpowder from the quantity of or mode or place of storing the same, to prevent persons standing on any footwalk, sidewalk, doorstep, or in any doorway, or riding, driving, fastening, or leaving any horse, or other animal, or any carriage, team, or other vehicle, on any such footwalk, sidewalk, doorstep, or doorway, within such town, to the obstruction, hinderance, delay, disturbance, or annoyance of passers by or of persons residing or doing business in the vicinity thereof, to prevent the indecent exposure of any one bathing in any of the waters within their respective towns; against breakers of the Sabbath; against habitual drunkenness; to regulate the speed of driving horses and cattle over bridges; respecting the purchase and sale of merchandise or commodities within their respective towns and cities; and, generally, all other ordinances, regulations, and by-laws for the well ordering, managing, and directing of the prudential affairs, and police of their respective towns, not repugnant to the constitution and laws of this state, or of the United States. SEC. 19. They may impose penalties for the violation of such ordinances and regulations, not exceeding in amount twenty dollars, or imprisonment not exceeding ten days, in some jail or house of correction, for any one offence, unless other penalties therefor, or penalties within other limits, are specially prescribed by statute, to be prosecuted by some officer appointed for that purpose, and to be recovered to the use of the town, or of such person or persons, and in such proportions, as they, in their said ordinances and regulations, may designate. SEC. 20. Town councils and city councils shall make, ordain, and establish such ordinances, by-laws, and regulations, in relation to the manner of constructing the doors, stairways, and entrances to buildings, lecture rooms, and halls used for public amusements, lectures, or addresses in their respective towns and cities, and in relation to the use of such buildings, lecture rooms, and halls, as they may judge the public safety may require; and may provide in such ordinances, bylaws, and regulations, for penalties for the violation thereof, not less than one hundred dollars nor more than five hundred dollars for any one offence, to be recovered by action on the case before any court of competent jurisdiction, to the use of the town or city in which such offence was committed. SEC. 21. Town councils and city councils may pass ordinances, time of closing by-laws, and regulations as they may think proper, in relation to the shops, saloons, &c. time of closing shops, saloons, and other places of resort in the evening, within the limits of their respective towns or cities, and may prescribe penalties for the violation thereof, not exceeding twenty dollars for each offence. of ordinances. SEC. 22. No ordinance or regulation whatsoever, made by a town Restrictions council, shall impose, or at any time be construed to continue to on penalties impose, any penalty for the commission or omission of any act punishable as a crime, misdemeanor, or offence, by the statute law of the state. SEC. 23. All such ordinances, by-laws, and regulations shall be Publication of. printed and published in such manner as the town council may direct. SEC. 24. They may appoint all necessary officers for the execution of their said ordinances, by-laws, and regulations; may define their duties, and fix their compensation, where provision may not be made by law, and may remove any such officers at pleasure; but no expense of process, commitment, or detention, under such ordinances and regulations, shall be chargeable to the state. SEC. 25. Every town council may elect for such time, not exceed ing one year, as they may determine, one or more special constables, who shall be commissioned and engaged, but shall not be required to give bond. Town councils may appoint cute ordinances officers to exe of. May elect special constables. or meeting, SEC. 26. Such special constable shall, upon the request of any Constables to citizen, and upon being tendered the sum of thirty cents for each attend school hour of service required, attend any school or meeting lawfully when, and 'duassembled, for the purpose of preventing any interruption or disturb- ties. ance therein, and may arrest without warrant and detain not exceeding six hours, any person found by him in the act of wilfully interrupting or disturbing such school or meeting, and may, in like manner with other constables, command all necessary aid in the execution of the duties of his office. SEC. 27. The town councils of the several towns may elect such Town councils number of police constables for their respective towns, as they may lice constables. may elect podeem expedient, who shall not be required to give bond, nor shall they be authorized to serve civil process for the collection of debts, but in all other matters they shall have the same power and author- Powers of. ity as other constables; and they shall continue in office during the pleasure of the council, and no longer: Provided, that they shall not remain in office by virtue of the election of a council, after the expiration of the political year for which such council was elected. SEC. 28. They may take and hold to them and their successors in office, all such lands within their respective towns, as shall be conveyed to them in trust for burial purposes, and, in like manner, may receive and hold all funds that shall be conveyed to them for the purpose of ornamenting or keeping in repair such burial lots, and execute said trusts in accordance with the terms contained in the instruments of conveyance. SEC. 29. The town council of any town, and each of the members thereof, may administer oaths in any matter pending before the council, and may engage town officers upon their warrants or commissions, and a record shall be made, or a certificate given, of such engagements. Town councils may hold land burial uses. in trust for Power of, and of members of, to administer oaths. SEC. 30. In every case where bonds are required by law to be Bonds to town given to any town council, they may be given to the town council by council, how given. name as such, without naming the individuals at the time constituting such council, and be sued in like manner. |