CHAPTER 459. 1897. AN ACT IN AMENDMENT OF SECTION 1 OF CHAPTER 174 Passed May 19, It is enacted by the General Assembly as follows: SECTION 1. Section 1 of Chapter 174 of the General Laws, entitled "Of the inland fisheries," is hereby amended so as to read as follows: of inland fisheries, number term of office. Commissioners of, how ap"pointed and "SECTION 1. The governor shall appoint six commissioners of inland fisheries, who shall hold their office for three years, and until their successors are appointed." SEC. 2. This act shall take effect from and after its passage, and all acts or parts of acts inconsistent herewith are hereby repealed. CHAPTER 460. 1897. AN ACT IN AMENDMENT OF CHAPTER 5 OF THE GENERAL Passed May 19, It is enacted by the General Assembly as follows: SECTION 1. Section 3 of Chapter 5 of the General Laws, "Of The Arms, The Seal and The Flag of the State," is hereby amended so as to read as follows: "SEC. 3. The flag of the state shall be white, five feet State flag. and six inches fly and four feet and ten inches deep on the pike, bearing on each side in the centre a golden anchor, twenty-two inches high, and underneath it a blue ribbon twenty-four inches long and five inches wide, or in these proportions, with the motto "Hope," in golden letters thereon, the whole surrounded by thir teen golden stars in a circle. The flag to be edged with yellow fringe. The pike shall be surmounted by a spear-head, and the length of the pike shall be nine feet, not including the spear-head." SEC. 2. This act shall take effect immediately. CHAPTER 461. Passed May 19, AN ACT IN AMENDMENT OF CHAPTER 112 OF THE GENERAL LAWS ENTITLED "OF BIRDS.” 1'897. It is enacted by the General Assembly as follows: SECTION 1. Every person who shall take, kill, destroy, sell, buy or offer for sale, or have in his possession any pheasant, before the first day of October, nineteen hundred, shall for each offence be fined twenty dollars, provided that the word pheasant shall not be construed to apply to the birds commonly called partridge or ruffed grouse. SEC. 2. This act shall take effect immediately. CHAPTER 462. Passed May 20, AN ACT IN AMENDMENT OF AND IN ADDITION TO CHAPTER 1897. 111 OF THE GENERAL LAWS, ENTITLED DOGS." Tax not to be imposed upon dogs, kept for breeding pur poses. It is enacted by the General Assembly as follows: SECTION 1. Chapter 111 of the General Laws, entitled "Dogs," is hereby amended by inserting therein a new section to be known as Section 28, and to read as follows: "SEC. 28. But no tax whatever shall be imposed thoroughbred upon thoroughbred dogs, which are kept for breeding and stud purposes only, providing, such dog shall be owned by a breeder and annual exhibitor of thoroughbred dogs, and providing such dogs shall be confined in a regular breeding kennel, except when abroad, accompanied by the owner or manager of such kennel. The owner of such dog and kennel shall present to the town or city clerk of the town in which such kennel is situate, an affidavit stating the number of dogs kept therein, for breeding and stud purposes only, the name of the owner, and that said animals are not permitted to be abroad except when accompanied by the owner or manager of such kennel, and shall pay to said town or city clerk on or before the first day of April in each year, the sum of ten dollars, which shall be credited to the dog fund of said town or city. Whenever any town or city clerk shall be presented with such affidavit and the sum of ten dollars, he shall give to the person presenting the same, a receipt containing the name of the owner of the dogs mentioned in such affidavit, which receipt, if presented to the town clerk or city clerk of any town or city in which such kennel is located, within ten days from the date thereof, shall exempt the dogs mentioned therein from taxation." SEC. 2. Chapter 111 of the General Laws is further amended by adding thereto the following section to to known as Section 29: Owners of such nual tax of $10. dogs to pay an License not re "SEC. 29. No license shall be required for any dog quired for dog under the age of six months." SEC. 3. All acts and parts of acts inconsistent herewith are hereby repealed, and this act shall take effect from and after its passage. under age of six months. CHAPTER 463. 1897. AN ACT IN AMENDMENT OF CHAPTER 285 OF THE GENERAL Passed May 20, LAWS, "OF PROCEEDINGS IN CRIMINAL CASES." It is enacted by the General Assembly as follows: SECTION 1. Section 24 of Chapter 285 of the General Laws is hereby amended so as to read as follows: "SEC. 24. Whenever an indictment shall be found against any person for any offence, and the petit jury shall not be satisfied that he is guilty of the whole offence but shall be satisfied that he is guilty of so much thereof as shall substantially amount to an offence of a lower nature or that the defendant did not complete the offence charged but that he was guilty only of an attempt to commit the same, the jury may find him guilty of such lower offence, or guilty of an attempt to commit the same as the case may be, and the court shall proceed to sentence such convict for the offence of which he shall be so found guilty, not Power of jury to convict of lower offenetre with that where offence but not com charged, or was attempted pleted, when. withstanding that such court had not otherwise jurisdiction of such offence." SEC. 2. All acts and parts of acts inconsistent herewith are hereby repealed and this act shall take effect immediately. CHAPTER 464. Passed May 20. AN ACT TO PROVIDE FOR LICENSING AND REGULATING THE 1897. RECEIVING, BOARDING AND KEEPING OF INFANTS. Infants, of the receiving, boarding and keeping of. Of the granting of licenses for. It is enacted by the General Assembly as follows: SECTION 1. An person other than an overseer of the poor of any city or town, the managers of any state institution, any charitable institution incorporated by law within this state, or any duly authorized officers or agent of the same, who receives, boards or keeps for hire, gain or reward, any infant under the age of two years not related by blood or marriage to, or not legally adopted by, or not legally committed by order of any court to such person, shall, unless licensed in writing by the board of state charities and corrections, be punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment: Provided, that if in any prosecution under this act the defendant relies upon his relationship to, or right to the legal custody of such infant in defence, the burden shall be upon the defendant to prove said relationship or right to legal custody. SEC. 2. The board of state charities and correc tions may grant licenses to receive, board and keep infants, and may revoke such license in its discretion. No such license shall be granted until the application therefor shall be approved in writing by the board of health of the city or town in which such licensee proposes to receive, board and keep such infants. The of state charities and corrections, the Rhode Island Society for the Prevention of Cruelty to Children, and boards of health of cities and towns, shall annually, and may at all times, visit and inspect premises so licensed, and may at any time designate any person to visit and inspect said premises. SEC. 3. Such licenses shall be granted for a term not exceeding one year and a record thereof shall be kept by the board of state charities and corrections, which board shall forthwith notify the Rhode Island Society for the Prevention of Cruelty to Children, and the board of health of the city or town in which the licensee resides, that such license has been granted, with the terms thereof. Every such license shall set forth the name of the licensee, the particular premises in which the business may be carried on, and the number of infants permitted to be boarded at one time in such premises; and shall, if so required by said board, be posted in a conspicuous place in such premises, and the number of infants specified in such license shall in no case be exceeded. No license issued as aforesaid shall authorize the holder thereof to keep an infant in any building or place other than that designated in the license. SEC. 4. Every licensee as aforesaid shall keep a Record of. true and particular record in such form as may be prescribed by the board of state charities and corrections, of every infant received, which record shall include the name and age of such infant, the date of the receiving of such infant, the name and address of the person or institution from whom such infant is received, the date of its discharge, and the name and address of the person or institution to whom it is delivered. tion of. SEC. 5. When such license is revoked the board of of the revocastate charities and corrections shall note the revocation upon the face of the record of the license, and shall give written notice of such revocation to the holder of the license, by delivering the same to him in person or leaving it at the place of business designated in the license. SEC. 6. Any person licensed as aforesaid, receiving under his care or control for hire, gain or reward, or placing under the care or control of another, an infant under two years of age not related by blood or mar Licensee to re port to board of state chari ties and correc tions. |