to, examined and counted by the general assembly or by the gov ernor, at such time as the general assembly shall direct; and the candidate in each district, having a plurality of the legal votes given at such second election, shall be declared elected, and shall receive a certificate accordingly.

SEC. 7. Whenever a writ of election shall issue to supply any vacancy which shall happen in the representation of this state in congress, as contemplated in the second section of the first article of the constitution of the United States, the candidate having a plurality of the legal votes given in such election shall be declared elected and the votes shall be sealed up and certified as the ballots for general officers of the state are by law required to be, and shall, within ten days after such election, be returned to the governor.

SEC. 8. The governor, in the presence of the secretary of state, shall examine and count the same, and give a certificate to the person elected.

CHAPTER 28.

OF THE ELECTION OF ELECTORS OF PRESIDENT AND VICE-PRESIDENT OF THE UNITED STATES.

SECTION 1. The people of this state qualified by law to vote in the election of general officers, shall choose so many electors for the election of a president and vice-president of the United States as the state is or shall be entitled to.

SEC. 2. Such election shall be holden in the several towns, on the Tuesday next after the first Monday in November, in every fourth year next after the election of president and vice-president of the United States which was had in the year one thousand eight hundred and fifty-six; and the several candidates having a plurality of the legal votes given in at such election, shall be electors.

SEC. 3. The votes given in at such elections, shall be sealed up and certified as votes for general state officers are by law required to be, and shall, within ten days after such election, be returned to the governor.

SEC. 4. The governor, in the presence of the secretary of state,

shall examine and count the same, and give notice to the electors, of their election.

SEC. 5. If, by reason of the votes being equally divided among any of the candidates or otherwise, there shall not be an election of the number of electors to which the state may be entitled, the governor shall forthwith convene the general assembly at Providence, for the choice of electors to fill such vacancies by an election in grand committee.

SEC. 6. Electors, chosen pursuant to this chapter, shall meet at Bristol, in the county of Bristol, there to vote for a president and vice-president of the United States, agreeably to the act of

congress.

SEC. 7. If any electors, chosen as aforesaid, shall, after their said election, decline the said office, or be prevented by any cause from serving therein, the other electors, when met in Bristol in pursuance of this chapter, shall fill such vacancies, and shall file a certificate in the secretary's office, of the person or persons by them appointed.

SECTION 1. All persons entitled to vote, shall be protected from arrest in civil cases, on the days of election for the choice of city or town officers, and the election for state officers, representatives to congress, or the electors of president and vice-president of the United States; and on the day preceding and day following such election.

SEC. 2. If any person in any election shall fraudulently vote, not being qualified, or having voted in one town, or ward, or district, shall vote in another town, or ward, or district, or shall vote twice at the same election for the same candidate, or for different candidates for the same office, or twice in different places at the same election, he shall be fined one hundred dollars; and no person after conviction of such offence, shall ever after be permitted to exercise the privilege of voting for any civil or military officer.

SEC. 3. If any person shall directly or indirectly give, or offer, or agree to give to any elector, or to any person for the benefit of any elector, any sum of money or other valuable consideration, for the purpose of inducing such elector to give in or withhold his vote at any election in this state, or by way of reward for having voted or withheld his vote, or if he shall use any threats, or employ any

means of intimidation for the purpose of influencing said elector to vote or withhold his vote, such person so offending, shall upon conviction thereof, be fined the sum of five hundred dollars, or be imprisoned not exceeding three months, either or both, at the discretion of the court; and no person convicted of such offence, shall ever thereafter be permitted to exercise the privilege of voting for any civil or military officer.

SEC. 4. All fines and other punishments prescribed in this title, shall be prosecuted within one year after the same shall have been incurred, and not afterwards.

TITLE VII.

Of Towns and Town Officers.

CHAPTER 30. Of the powers of, and of suits by and against towns.

CHAPTER 31. Of calling and warning town meetings.

CHAPTER 32. Of the quorum, government, and conduct of town meetings, and of organization and government of ward meetings. CHAPTER 33. Of the election and qualification of town officers.

CHAPTER 34. Of the town council.

CHAPTER 35. Of the town clerk.

CHAPTER 36. Of the town treasurer.

CHAPTER 30.

OF THE POWERS OF, AND OF SUITS BY AND AGAINST TOWNS.

SECTION

11. What officers and agents towns may appoint.

12. Debts and claims due from towns, how to be demanded and enforced.

SECTION

13, 14 and 15. Judgments against, how to be satisfied.

16. Suits by towns, in what name brought.

SECTION 1. The inhabitants of every town in this state are declared to be a body corporate, and may in their corporate name sue and be sued, prosecute and defend, in any court and elsewhere.

SEC. 2. Towns may take, purchase and hold, real and personal estate, and transmit, alienate and convey the same; and may make any contracts necessary and convenient for the transaction of the business of the town.

SEC. 3. They may raise by a tax on real or personal estate, or on both, such sums of money as shall be necessary to pay town debts, or to defray the charges and expenses of the town hereinafter set forth; and may include the town's proportion of any state tax that may be assessed, in the assessment of the town tax, and pay the same out of the town treasury, provided the same be voted at a. legal meeting of the electors of the town.

SEC. 4. No poll-tax shall be levied or collected by a town for any purpose whatever.

SEC. 5. Towns may at any legal meeting grant and vote such sums of money as they shall judge necessary:

For the purchase of sites for, and for the erection and repair of town houses and other public buildings;

For the support of schools, purchase of sites for and the building and repair of school-houses; and for the establishing and maintaining of school libraries;

For the support and maintenance of the poor, and the purchase, erection and repair of proper buildings for the accommodation of the same, as well as for the purchase of proper sites for such buildings, and, if they judge expedient, of farms or farm lands, for the employment and support of paupers and others chargeable upon them;

For the purchase of proper site or sites for workhouses, bridewells, houses of correction or reform schools for juvenile offenders, either or all, and the purchase, erection and repair of proper buildings, fixtures and apparatus for the same, and the purchase of lands for the employment and support of the inmates of the same; For the laying out, making, repairing and amending of high

ways;

For the building, repairing and amending of bridges;

For the improvement in any manner they may deem fit of any property belonging to the town;

For all necessary charges and expenses whatsoever, arising within the town, whether incidental or not to the above.

SEC. 6. They may make and ordain all such acts, laws and orders for the well ordering, managing and directing of the prudential affairs and police of the town, as they may deem most con

ducive to the welfare, peace and good order thereof, provided such acts, laws and orders are not repugnant to the constitution and laws of the state, or of the United States; and may enforce the same by fines, penalties and forfeitures not exceeding the sum or value of twenty dollars, or one month's imprisonment for any one offence.

SEC. 7. Every town and city shall continue to have and exercise all the powers and privileges, except the power of passing by-laws or regulations in relation to the going at large within said town, of horses, neat-cattle, sheep, hogs, goats and geese, and be subject to all the duties and liabilities, conferred or imposed upon it by its charter, or by the several acts of the general assembly specially relating to it, until the same shall expire by their own limitation, or shall be revoked or repealed.

SEC. 8. All the powers and privileges which have been conferred by the general assembly, on any district or village, situated in any town or towns, except the power of passing by-laws or regulations relative to the going at large, within said district or village, of any horses, neat-cattle, sheep, hogs, goats or geese, and all duties and liabilities imposed on such village or district, shall be had or exercised by such district or village, until the same shall be repealed or shall expire by their own limitation.

SEC. 9. Every town, district or village empowered to pass bylaws or regulations, may, by vote, exempt itself, or any part of its territory, from the operation of the general provisions of statute law, in relation to the going at large of horses, neat-cattle, sheep and hogs, or may extend the provisions of that law, to the going at large of goats and geese.

SEC. 10. The acts, laws and orders of towns, shall continue in force until altered or annulled by vote of the town, or by law.

SEC. 11. Towns may and shall elect all such town officers as are, or may be, by law required, and may appoint such other officers as by law empowered, and such special agents for the transaction of any town business not by law required to be performed by any officer known to the law, as they may deem expedient.

SEC. 12. Every person who shall have any money due to him from any town, or any claim or demand against any town for any matter, cause or thing whatever, shall take the following method to obtain the same, to wit: Such person shall present to the town council of the town, and to the city council of the city, a particular account of his claim, debt, damages or demand, and how incurred or contracted; which being done, in case just and due satisfaction is not made him by the town treasurer of such town, within thirty days after the presentment of such claim, debt, damages or demand aforesaid, it shall be lawful for such person to commence his action against the town treasurer for the recovery of the

same.

SEC. 13. Upon judgment obtained for such debt, damages or demand, in case the town treasurer shall not have sufficient of the town's money in his hands to satisfy and pay the judgment ob