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port, municipal

election in,

when to be

held.

Newport shall on the Tuesday next after the first Mon- City of New-
day in November, A. D. 1896, give in their votes in
their respective wards for a mayor and city treasurer,
to serve one year from the first Monday of the next
January, and until others are elected and qualified to
fill their places, and for four members of the public
school committee, to serve for the term, as by law pro-
vided. And on the said Tuesday next after the first
Monday in November, A. D. 1896, the electors of each
ward qualified to vote on any proposition to impose a
tax or for the expenditure of money, shall give in their
votes in their respective wards for one alderman and
three common councilmen, who shall reside in the
ward for which they are elected, to serve for one year
from the first Monday of the next January, as afore-
said, and until others are elected and qualified to fill
their respective places, and the qualified electors of
each ward shall give in their votes in their respective
wards for a warden and clerk to serve for the term, as.
by law provided. And in case of failure to elect any
of said officers at said election, supplementary elections
shall be held to fill the place or places for which there
has been no election, at the polling places herein pro-
vided for, in the manner now provided by law."

SEC. 2. Section 5 of said act is hereby amended so
as to read as follows:

"SEC. 5. The board of canvassers of said city of
Newport shall hold at least one public meeting to
canvass and correct the ward lists of voters, on or be-
fore the third Wednesday in October in the year one
thousand eight hundred and ninety-six, and shall hold
the last meeting to canvass, correct and complete said
lists on the Saturday next preceding the Tuesday after
the first Monday in November, A. D. 1896, notice of
which meetings shall be given at least seven days pre-
vious thereto in the manner now provided by law, and
said lists, when completed, shall be certified by the
presiding officers of said board as provided by law and
be delivered to the city clerk of said city within
twenty-four hours after said canvass meeting.'

SEC. 3. Section 11 of said act is hereby amended
so as to read as follows:

SECTION 1. The city council of the city of Newport

are hereby authorized and empowered to acquire either

condemnation by purchase or condemnation or partly by purchase

and partly by condemnation the whole or any part of

that certain tract of land situated in the said city of

Newport, and bounded, southerly on Wellington

avenue, easterly on the easterly line of Merchant

street, extended to tide water, northerly on the harbor

or salt water, and westerly on the westerly line of

Halidon avenue, extended to tide water; and to con-

demn from time to time portions of the said land as

required by said city for the purposes of a public park.

SEC. 2. The city council of said city shall, within

six months from the date of the passage of the resolu-
tion by said city council to take such land for such
purposes, file in the office of the city clerk of said city
a description of the land and also a plat thereof, and a
statement that the same is taken pursuant to the pro-
visions of this act, which description and statement
shall be signed by the mayor of said city, and upon
the filing of such description and statement, the title
in fee simple of such land shall vest in said city of
Newport; and after the filing of such description and
statement notice of the taking of such land shall be
served upon the owners of and persons having an
estate in and interested in such land, by the city ser-
geant of said city leaving a true and attested copy of

such description and statement with each of such persons, personally, or at their last and usual place of abode in this state with some person living there, and, in case any of such persons are absent from this state, and have no last and usual place of abode therein occupied by any person, such copy shall be left with the persons, if any, in charge of or having possession of such land taken of such absent persons, and another copy thereof shall be mailed to the address of such absent persons, if the same is known to said officer, and after filing of such description and statement the city clerk of said city shall cause a copy of such description and statement to be published in some newspaper or newspapers published in said city at least twice a week for three successive weeks. If any party shall agree with said city for the price of the land so taken, the same shall be paid to him forthwith by said city.

SEC. 3. Any owner of, or person entitled to, any estate in or interested in any part of the land so taken, who cannot agree with said city for the price of the land so taken, or for the compensation for any interest he may have therein, may, within three months after personal notice of said taking, or if he have no personal notice, may within one year from the filing of the description and statement referred to in section two of this act, apply by petition to the common pleas division of the supreme court, in the county of Newport, setting forth the taking of his land, and praying for an assessment of damages by a jury. Upon the filing of said petition the said court shall cause twenty days notice of the pendency thereof to be given to said city by serving the mayor of said city with a certified сору thereof, and may proceed after such notice to the trial thereof, and such trial shall determine all questions of fact relating to the value of such land and the amount thereof, and judgment shall be entered upon the verdict of such jury, and execution shall be issued therefor. In case of conflicting claims to such land by any two or more petitioners, said court may set down the petitions of such petitioners for trial at the same time by

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