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erly from the middle of said river; that similar passages be opened in manner aforesaid in all the other mill-dams in said river, of fifteen feet in length, excepting Sanford Taylor's mill-dam, which shall be opened twenty feet in length, ten feet between the middle of said river and the easterly shore, and ten feet between the middle and the west shore, in the most convenient place for the fish to pass in said river; and the owner or owners, occupier or occupiers of any of the dams aforesaid, who shall neglect or refuse to open the passage or passages as aforesaid on or before the said twentieth day of March, annually, shall forfeit the sum of twenty dollars for every such refusal or neglect; and for every succeeding day's neglect or refusal to open a passage as aforesaid from the said twentieth day of March to the first day of June, annually, the offender or offenders shall forfeit one other sum of seven dollars: no person or persons shall be permitted to erect and continue any weir or other obstructions within sixty feet of the fish gaps in said mill-dams, under penalty of seven dollars for the first offence, and four dollars for every succeeding day or less space of time said obstruction shall continue in said river, from the twentieth day of March to the first day of June annually
Sec. 4. And be it further enacted, That no weir or pound shall be erected or continued upon any flat or other part of the bottom of said river, eastward or westward of the aforesaid channel of said river, between the first day of June and the twentieth day of March, annually, upon penalty of fourteen dollars for the first offence, and seven dollars for every succeeding day such weir or pound shall be continued in said river, from the first day of June to the twentieth day of March, annually.
Sec. 5. And be it further enacted, That no person or persons be permitted to fish with mesh or scoop nets in Pawcatuck river or any of its branches, after sunset on Friday until sunrise on Monday in each week, from the twentieth day of March to the first day of June, annually ; and that no person use more than one net at a time, upon penalty of five dollars for every offence.
Sec. 6. And be it further enacted, That all offences against this act shall and may be heard and finally determined before any court proper to try the same in the county where the same is committed : that all penalties incurred thereby shall accrue, the half thereof to and for the use and benefit of him or them who shall inform and prosecute the same to effect, and the other half shall be paid into the town
treasury where the offence is committed, to and for the use of said town.
Sec. 7. And be it further enacted, That this act shall be considered as forming a compact with the state of Connecticut, and from which this general assembly will not depart until the legislature of the state of Connecticut shall agree with the legislature of this state to a repeal thereof, alterations therein or additions thereto.
An Act to enforce an act entitled “ an act to regulate the Fish
in Pawcatuck River."
Weirs, &c., not to be erected on flats, &c., by adjoining owners. Penalty on owner
Whereas divers owners of land adjoining Pawcatuck river in this state, having leased or let privileges to divers persons to fish in said river, who are regardless of the penalties annexed to a breach of the fourth section of said act, and unable to respond for the same by whom the provisions of said section have been frequently violated :
Be it therefore enacted by the General Assembly, and by the authority thereof it is enacted, That if any owner or owners of land adjoining Pawcatuck river in this state shall hereafter permit any weir or pound or other obstruction to be erected or continued upon any flat or bottom of said river, whether done, erected or continued by themselves, servants, lessees, or any other person by their privity or consent, such owner or owners shall be liable for any such breach or violation of said fourth section of the said act, in the same manner as though the same had been committed by such owner or owners in person.
THE FOLLOWING ACTS WERE PASSED AT JANUARY SESSION,
A. D. 1844.
An Act to regulate the Election of Civil Officers.
SECTION 1. Town council to be board of canvassers. 17. Penalty for fraudulently admitting or 2. Person claiming to vote on the per- rejecting name.
formance of military duty, what evi- 18. Saine subject. dence required.
19. Paupers, who considered. 3. Commanding officer to make return of 20. Clerk to record votes of council upon
all persons in his regiment, &c., qual- admitting or rejecting name. ified to vote.
21. Town council may examine on oath, 4. Captains to make return to colonel of &c. regiment, &c.
22. Town council not liable for certain 5. Taxes to be paid to collector only, ex- omissions on list.
cept highway taxes-.certificate of pay- 23. Moderator to receive votes of all perment required, and from whom.
sons on the list, and no other-gen6. Same subject.
eral assembly may admit or reject-in 7. Penalty for collector, &c., refusing a Providence voter changing his ward
certificate. 8. Town clerk to provide a registry book; 24. Penalty for fraud in voting.
who shall be registered-penalty on 25. Voting for general officers, &c., perclerk for neglect, &c.
mitted during the day-town meet9. Non-residents, &c., not to be deemed ings when opened and closed. as registered-penalty for striking off 26. Penalty on moderator for fraudulently
receiving vote, &c. 10. Town clerk to deliver to assessors a 27. Bribery.
list of all persons registered-assessors 28. Names of candidates to be on one to impose a tax on each and return it ticket-name of voter to be written at to town clerk-town clerk to deliver length. copy of registry with the assessments, 29. Moderator or warden only to receive to collector-penalty on clerk and as- votes-clerk to keep a register of all sessörs for neglect.
persons voting-clerk to return certi11. Collector or his agent to be in town fied list to general assembly,
clerk's office to receive registry tax- 30. Ward clerks to keep registry of voters town clerk may receive the tax in for senator, &c. certain cases-penalty on collector, 31. Moderator, &c., to return list to clerk's &c., for neglect.
office. 12. Town clerk to give certified copy of 32. Penalty on clerk, moderator, &c., for
list of voters, &c.-collector to give neglect of duty. list of those who have paid taxes- 33. Town clerk shall appoint a deputy in penalty for neglect.
case of absence. 13. Collector to furnish town clerk a list 34. Grand committee, what business shall
of all registered persons who have be transacted in. paid their taxes, &c.-town clerk to 35. Penalty on clerk for neglect to furnish furnish town council a list of all per- senator, &c., with certificate. sons registered, &c.-also list of free- 36. Senator, &c., refusing to serve, town holders-penalty for neglect.
clerk to issue warrant, &c. 14. Town council to make out list of all 37. Officers to be commissioned and en
persons qualified to vote, and cause gaged. the list to be posted up-in Provi- 38. Officers not re-elected may act twentydence, in each ward.
four days unless,&c.-re-elected, may 15. Town council to be in session to cor- act twenty-four days without oath.
rect the list-notice of how given. 39. Electors protected froin arrest. 16. Corrected list to be posted up, and 40. Penalties how recovered.
council to be in session-proceedings 41. Secretary to furnish returns.
It is enacted by the General Assembly, as follows:
SECTION 1. The town councils of the several towns shall be boards of canvassers of voters in their respective towns, as herein after provided ; and the town clerks of the several towns shall act as clerks of said boards in their respective towns, and shall produce to their respective councils such returns, documents and records as the councils may require for the performance of their duties herein after set forth.
Sec. 2. If any person claims a right to vote on account of having done military duty in the militia, or in any chartered or legally authorized volunteer company not attached to a regimental company or regiment under the militia law of the state, the proof thereof shall be a certificate from the colonel or commanding officer of the regimental company or regiment to which such person belongs or is attached, or from the captain or commanding officer of the chartered or legally authorized volunteer company not attached as aforesaid, that he has within the year next preceding his claim, and on or before the thirty-first day of December of said year, been enrolled, and in what company, and that he has done duty therein for at least one day, and been equipped according to law; and every commanding officer of a regimental company or regiment, or captain or commanding officer of a chartered or legally authorized volunteer company not attached as aforesaid, who shall wilfully refuse to grant such certificate to any person properly demanding and entitled to the same, or shall knowingly grant any such certificate to one not entitled thereto, shall for each and every such offence forfeit the sum of one hundred dollars.
Sec. 3. Every colonel or commanding officer of a regimental company or regiment, and every captain or commanding officer of a chartered or legally authorized volunteer company not attached as aforesaid, shall on or before the last Monday of February in every year, make return, by him certified and sworn to before some judge, justice of the peace, or public notary, of all persons, arranging their names alphabetically, belonging or attached to his regimental company or regiment, or belonging to his chartered legally authorized volunteer company not attached as aforesaid, as the case may be, qualified to vote by military service as aforesaid, to the clerk's office of the several towns in which such persons reside; and every colouel or commandant of a regimental company or regiment, captain or commanding officer of a chartered or legally authorized volunteer company, who shall wilfully neglect or refuse to make such returns, or shall knowingly make a false or imperfect return, shall forfeit not less than twenty-five, nor more than five hundred dollars.
Sec. 4. The colonels or commanding officers of the several regimental companies and regiments, shall have full power, and it shall be their duty, to require from the captains and other officers and privates under their command, all such returns and evidences under oath as may be necessary to enable them to comply with the provisions of the constitution and of this act; and every captain or other officer or private refusing to make such returns, or to give such evidence when thereunto duly required, or wilfully making false returns or giving false evidence, shall forfeit not less than twenty-five dollars, nor more than three hundred dollars.
Sec. 5. All registry and other taxes shall be paid to the collector of taxes only : provided, however, that in case of a highway tax where by law the same may be paid in labor or money to a surveyor of highways, the receipt of such surveyor of such payment shall be sufficient evidence thereof, on settlement with the collector. No person who claims a right to vote upon the payment of a tax or taxes assessed, for any other officer than mayor, alderman, or common councilmen of the city of Providence, or upon any other proposition than one to impose a tax, or for the expenditure of money in any town or city, shall by the boards of canvassers be admitted to vote, unless upon the production of a certificate from the collector of taxes of some town in this state, that on or before the last day of December, in the year next preceding, he has paid such tax assessed for, and within such year, at least to the amount of one dollar. If he claims a right to vote upon the payment of a registry tax, such payment shall be certified as aforesaid by the officer of the town in which he resided at the time such tax was assessed, authorized to receive the same; and if his name has been registerd for more than one year, two registry taxes for the two years next preceding the canvass having been assessed against him, and he claims a right to vote upon the payment of his registry tax, the certificate of the officer of the town in which he resided at the time such tax was assessed, authorized to receive the same, shall be produced before the canvassers, that on or before the last day of December next preceding the canvass, he has paid such registry tax for each of the two years next preceding the time of voting; or that one of the same, if the other has been paid, has been remitted by the town council of the town in which he resided at the time of the assessment of said tax, in conformity with article two, section three, of the constitution.
Sec. 6. No person claiming a right to vote upon the payment of a property tax, in the election of the city council