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For annual payment to the sinking fund for the redemption of "State House Bonds," twenty thousand dollars.

SEC. 2. This act shall take effect from and after its passage.

CHAPTER 439.

AN ACT RELATING TO THE RESTRAINT AND CURE OF PER
SONS ADDICTED TO THE HABITUAL, EXCESSIVE, AND DAN-
GEROUS USE OF ALCOHOL AND OTHER POISONOUS DRUGS.

It is enacted by the General Assembly as follows:

SECTION 1. Every person who is so addicted to the habitual, excessive and dangerous use of alcohol or of any poisonous drug, as to render it necessary for his own welfare or for the safety of the community that he should be restrained and cured, may be restrained by his next friend either within his own house or in the Butler Hospital for the Insane, during such period, not exceeding one year at any one time, as may be requisite to effect his cure from such habit; but no such person shall be so restrained without a certificate. from two practicing physicians of good standing, not connected or employed in any hospital or asylum for the insane, that such person is addicted to such habitual use as aforesaid and that such restraint is necessary for his own welfare or for the safety of the community: provided, however, that no such person shall be so restrained except under the personal supervision of the physician who is the superintendent for the time being of the Butler Hospital; and any person so committed may be lawfully received and restrained in such house or in the Butler Hospital by such next friend or said Superintendent and by their agents and servants until the expiration of such year from the time of such committal unless sooner discharged, in one of the methods hereinafter set forth; and neither such next friend, superintendent, their agents or servants, nor the trustees or agents of said Hospital shall be liable civilly or

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May be discharged from detention, by whom.

On petition of person or person on his behalf for ap

commission or

for a writ of habeas corpus, proceedings shall be had as provided in Chapter 82 General Laws,

criminally, for receiving or detaining any person so committed or detained.

SEC. 2. Such person may be discharged from such detention at any time by the said superintendent when confined in his house, and by the said superintendent with the approbation in writing of the visiting committee of the trustees when he is confined in the Butler Hospital.

SEC. 3. On petition of any person confined under the provisions of this act, or of any person on his pointment of a behalf, either for the appointment of a commission or for the writ of habeas corpus, the like and similar proceedings shall be had with the same rights and privileges to the petitioner and to the person restrained, and upon the like similar conditions as is provided in Sections 15, 16, 17, 18, 19, 20 and 21 of Chapter 82 of the General Laws, with reference to persons detained as insane: provided, however, that upon the trial of any such petition either before the court or any justice thereof, or before such commissioners, or before a jury upon issues framed, the issue shall be whether or not the person restrained is or is not addicted to such habit as hereinbefore set forth and whether or not it is necessary for his cure from such habit, or for the safety of the community, that he should be so strained.

Upon trial,

issue what to be.

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SEC. 4. The duties and authority of the agent of State Charities and Corrections, and of the chairman of the State Board of Health as a commission as set forth in Sections 29, 30, 31, 32, 33, 34, of Chapter 82 of the General Laws, shall extend and apply to all persons restrained under the provisions of this act, and to the places where they are restrained, and to the persons restraining them.

SEC. 5. This act shall take effect from and after its passage, and all acts and parts of acts inconsistent herewith are hereby repealed.

CHAPTER 440.

AN ACT IN AMENDMENT OF AND IN ADDITION TO CHAPTER Passed Feb. 5, 228 OF THE GENERAL LAWS OF RHODE ISLAND.

It is enacted by the General Assembly as follows:

SECTION 1. Whenever any justice or assistant justice shall be a party to any action or proceeding, civil or criminal, or be interested in the event thereof, such action or proceeding, if within the jurisdiction of a district court, shall, if brought before a district court, be brought before and heard by a district court in an adjoining district.

SEC. 2. All acts and parts of acts inconsistent herewith are hereby repealed.

SEC. 3. This act shall take effect upon its passage.

1897.

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CHAPTER 441.

AN ACT IN AMENDMENT OF CHAPTER 244 OF THE GENERAL Passed Feb. 5, LAWS.

It is enacted by the General Assembly as follows:

SECTION 1. Section 33 of Chapter 244 of the General Laws is hereby amended so as to read as follows: "Sec. 33. The same formalities shall be observed as to notice, and the same methods may be employed, in the taking of depositions in perpetual memory as in the taking of other depositions, and the officer taking the same shall have the same power and authority as magistrates taking other depositions, to compel any person to appear and depose as aforesaid, within this State, in the same manner as to appear and testify in court. In case any person who is entitled to notice of the taking of such deposition shall be or reside outside of this State such notice may be served by any disinterested person, and such other notice shall be given as the justice to whom such petition was presented shall order."

1897.

Depositions in memory, how

perpetual

to be taken.

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SEC. 2. Section 34 of Chapter 244 of the General Laws is hereby amended so as to read as follows:

"Sec. 34. The officer taking such deposition shall seal up and direct the same, together with the petition therefor, to the clerk of the common pleas division of the supreme court in the county in which some one of the persons notified of the taking of the same shall reside, or if no one of the persons so notified shall reside in this State, then in the county in which the person preferring such petition shall reside, and in case no one of the persons notified nor the person preferring such petition shall reside in this State, then in Providence county. Said clerk shall, on receiving such deposition and petition, so directed and sealed up, on payment of legal fees for recording as in other cases, open and record such deposition and petition and the certificate of the taking of such deposition, in a book to be specially kept for that purpose, noting on such deposition the time when he received it and the page of the book in which it is recorded, after which he shall deliver such deposition and petition to the party preferring such petition; and no such deposition not so recorded shall be received as evidence in any court in the State, unless the same shall be opened in such court at the time of the hearing of the cause in which it is used."

SEC. 3. This act shall take effect on its passage.

Passed Feb. 5, 1897.

Powers of

assignee to ac

CHAPTER 442.

AN ACT IN AMENDMENT OF CHAPTER 274 OF THE GENERAL
LAWS, ENTITLED "OF PROCEEDINGS IN INSOLVENCY."

It is enacted by the General Assembly as follows:

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SECTION 1. Section forty of Chapter 274 of the General Laws, entitled "Of Proceedings in Insolvency,' is hereby amended so as to read as follows:

"SEC. 40. The assignee shall demand, sue for and quire property receive from the officer holding under Section 20 of this Chapter, and all other persons, all the estate in his

custody.

or their possession assigned or intended to be assigned under the provisions of this chapter; and may intervene in any action, suit or proceeding relating to the property of the insolvent and take upon himself the prosecution or defence thereof."

SEC. 2. This act shall take effect upon its passage.

May intervene and prosecute same.

in any action

or defend the

CHAPTER 443.

1897.

AN ACT IN AMENDMENT OF SECTION 8 OF CHAPTER 294 OF Passed Feb. 5, THE GENERAL LAWS "OF SALARIES AND CLERICAL AS

SISTANCE."

It is enacted by the General Assembly as follows:

SECTION 1. Section 8 of Chapter 294 of the General Laws "Of Salaries and Clerical Assistance," is hereby amended so as to read as follows:

"SEC. 8. The adjutant-general is hereby authorized and empowered to employ such clerical assistance as he may require in the discharge of his duties as adjutant-general, at an expense not exceeding fifteen hundred dollars annually; and the state auditor is hereby directed to draw his orders upon the general treasurer in payment for such assistance, out of any moneys in the treasury not otherwise appropriated, upon vouchers approved by the adjutant-general."

SEC. 2.

This act shall take effect upon

its

passage.

Adjutant-genclerical assistance in office

annual allowance for

CHAPTER 444.

AN ACT IN AMENDMENT OF CHAPTER 295, SECTION 12 OF Passed Feb. 5, THE GENERAL LAWS.

It is enacted by the General Assembly as follows:

SECTION 1. Section 12 of Chapter 295 of the General Laws is hereby amended so as to read as follows: "SEC. 12. The fees of sheriffs, deputy-sheriffs, town sergeants and constables shall be as follows:

1894.

Fees of sheriffs upon the dis

for attendance

trict court of the 12th judi

cial district.

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