mon pleas, except the clerks of the supreme court and court of common pleas in the county of Providence, orders for fees of officers and witnesses in criminal prosecutions allowed by such justice courts, and by said auditor found to be due to such officers and witnesses from the state; and such trial justices, wardens, and clerks, upon application therefor, shall deliver the same to the officers and witnesses entitled thereto.

SEC. 25. The secretary of state shall annually, and on or before the first Monday of January in each year, report to the auditor the number of commissions to officers issued by him, upon which a tax is imposed, and he shall report and account to the auditor for the amount of taxes thereon received by him, and all sheriffs and other officers receiving such commissions and the taxes thereon, shall account to the auditor therefor.

SEC. 26. Sheriffs, deputy sheriffs, jailers and other persons, except clerks of courts or trial justices, recovering fines, penalties, and forfeitures accruing or belonging to the state, or costs due or payable into the state treasury, shall, as often as twice in each year, account to the auditor for the same.

SEC. 27. Every trial justice of a justice court having no clerk, otherwise every clerk of a justice court, shall annually, and on or before the thirtieth day of April in each year, make return in writing to the auditor, of all fines collected by him due the state, during the preceding year, and the amount and circumstances of such fines, if any, by him collected; and shall therewith return an abstract of his docket or record, showing the amount of fines by him imposed, and copies of the bills of costs on all complaints and warrants made, brought, or tried before him; and shall also make return as aforesaid of any penalties or costs in any civil or criminal suit or process due the state, which have been in his hands more than one year before said day, and the amount and circumstances of such penalties and

costs.

SEC. 28. All costs received by the clerk of any court, or by any trial justice or other officer or person, which may be paid by defendants or others in criminal prosecutions, may be paid out to the persons or officers entitled to the same, by the clerks of said courts, within twenty days after the rising of the courts at the terms when the same shall have been received, and by trial justices or clerks of justice courts, and other officers, until the time appointed for the rendering of their accounts to the auditor as required by this chapter; and all sums so received and paid out by said officers shall be accounted for to the auditor.

SEC. 29. All officers and persons required by the provisions of this chapter to account to the auditor shall, immediately upon the settlement of such account, pay over the amounts due the state to the general treasurer. SEC. 30. Whenever any account shall be presented to the auditor for adjustment, he may require the person presenting the same, and any other person, to be sworn before him touching such account, and, when so sworn, to answer orally or in writing as to any facts relating to the truth and justness of the account.

to books and papers.

SEC. 31. The auditor shall, for the purpose of enabling him fully To have access to discharge the duties required of him by this chapter, have access to any books and papers in the offices of the secretary of state, general treasurer, the clerks of the several courts, the town treasurers in the several towns, and of justice courts, in the state.

SEC. 32. He shall keep fair, clear, and distinct accounts, under appropriate heads, of the expenditures and disbursements made in pursuance of the provisions of this chapter.

SEC. 33. He shall keep an account with the general treasurer, and credit him with all the amounts paid on the orders drawn or countersigned by said auditor, so that the books and accounts of the auditor shall show all the expenditures and disbursements of moneys appropriated by the general assembly.

SEC. 34. He shall examine the accounts of the general treasurer as often as once in each month, and shall certify to him, in a book to be kept for that purpose, their standing, as the same shall be ascertained by the auditor.

SEC. 35. He shall, twice in each year, carefully examine the books and accounts of the general treasurer, his vouchers for the charges thereon, and the moneys or funds on hand in the state treasury, and at the May session of the general assembly, and at the adjourned session thereof at Providence, report the result of such examination, specifying the kind and amount of funds particularly, and such other facts and recommendations in relation to the same, and in relation to the expenditures of the state, as he may deem it important to the public interest to communicate. He shall also give, in such reports, the date of every certificate by him issued, the name of the person to whom issued, the amount for which the same was given, and the appropriation to which the same was charged.

SEC. 36. He shall furnish the clerks of the supreme court, court of common pleas, and justice courts, or if a justice court have no clerk, then the trial justice thereof, and other officers required by this chapter to account to him, with such forms of accounts and returns as he shall think proper and convenient; and the said clerks, justices, and other officers shall make return to the auditor according to law, agreeably to such forms by him prescribed.

SEC. 37. If any clerk, officer, or other person, shall neglect or refuse to account to the auditor as herein required, or shall neglect or refuse to pay into the state treasury any costs or moneys belonging to the state, at the time when the same ought to be paid, the person so offending shall forfeit treble the amount of the costs or other moneys so withheld or not paid, to be recovered by an action of debt, in the name of the general treasurer, for the use of the state.

SEC. 38. The auditor shall report all cases of delinquency under this chapter to the attorney-general.

SEC. 39. The attorney-general shall cause prosecution to be commenced and prosecuted for all neglects of the duties imposed by the provisions of this chapter, whenever the same shall be brought to his knowledge.

TITLE VII.

OF TOWNS AND TOWN OFFICERS.

CHAPTER 31. Of the powers of, and of suits by and against towns.
CHAPTER 32. Of calling and warning town meetings.

CHAPTER 33. Of the quorum, government, and conduct of town meet-
ings, and of organization and government of ward

meetings.

CHAPTER 34. Of the election and qualification of town officers.

CHAPTER 35. Of the town council.

CHAPTER 36. Of the town clerk.

CHAPTER 37. Of the town treasurer.

CHAPTER 31.

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

SECTION

1. Towns, bodies corporate, and power of to sue, be sued, and defend.

2. Power of, to take and convey real estate, and to make contracts.

3. Power of, to tax.

4. Not to levy poll-tax.

5. Power of, to vote and grant money,

and for what uses.

6. Power of, to establish free public libraries.

7. Power of, to appropriate money for maintenance, &c., of such libraries.

SECTION

8. Powers and obligations of towns,
districts, and villages.

9. Town acts, laws, and orders, how
long to be in force.

10. What officers and agents towns
may appoint.

11. Debts and claims due from towns,
how to be demanded and en-
forced.

12 and 13. Judgments against, how
to be satisfied.

14. Suits by towns, in what name
brought.

SECTION 1. The inhabitants of every town in this state shall continue 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 alienate and convey the same; and may make any contracts necessary and convenient for the transaction of the business of the town.

Power of, to take and convey real estate, and make contracts.

tax.

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, Power of, to 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.

Not to levy poll-tax.

Power of, to

vote and grant money, for

town houses, &c.;

schools, &c.;

poor;

workhouses, &c.;

highways; bridges; improvement

of town property;

town expenses.

Power of, to establish free

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 highways
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. The electors of the city of Providence, at the annual elecpublic libraries. tion for members of the city council, may, by a majority vote thereof voting, and the electors in every other town or city qualified to vote upon any proposition to impose a tax, or for the expenditure of money in such town or city, may, by a majority vote of such electors voting at the annual meeting for the election of town officers, or members of the city council therein, appropriate a sum not exceeding twenty-five cents on each one hundred dollars of the ratable property of such city or town in the year next preceding such appropriation, for the foundation therein of a free public library, with or without branches, for all the inhabitants thereof, and to provide suitable rooms for such library, which shall be used under such regulations as may from time to time be prescribed by the town council of such town, or city council of such city.

SEC. 7. Any town or city having established a free public library therein, in manner as aforesaid, may annually, by the majority vote of the electors thereof, qualified as aforesaid, and voting upon the proposition, appropriate a sum not exceeding ten cents on each one thousand dollars of its ratable property, in the year next preceding such appropriation, for the maintenance and increase of such library therein, and may take, receive, hold, and manage any devise, bequest, or donation for the establishment, increase, or maintenance of a public library therein, to be under such regulations for its government, when they are not prescribed by its donor, as may from time to time be prescribed by the town council of such town, or the city council of such city.

SEC. 8. Every town, city, district, and village shall have and exercise all the existing powers and privileges, and be subject to all existing 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.

laws, and or-
ders, how long
in force.
What officers

SEC. 9. The acts, laws, and orders of towns shall continue in force Town acts, until altered or annulled by vote of the town, or by law. SEC. 10. 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 point. known to the law, as they may deem expedient.

and agents, towns may ap

claims due

enforced.

SEC. 11. Every person who shall have any money due to him Debts and from any town, or any claim or demand against any town for any from towns, matter, cause, or thing whatever, shall take the following method to how to be deobtain the same, to wit: Such person shall present to the town coun- manded and cil 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, such person may commence his action against the town treasurer for the recovery of the same.

be satisfied.

SEC. 12. Upon the judgment obtained for such debt, damages, or Judgments demand, in case the town treasurer shall not have sufficient of the against, how to town's money in his hands to satisfy and pay the judgment obtained and the charges expended in defending such suit, the town treasurer shall make application to any justice of the peace in the town, and thereupon the justice shall grant a warrant to the town sergeant of such town, requiring him to warn the electors of the town to hold a town meeting, at such time and place as shall be appointed, for the speedy ordering and making a tax, to be collected for the reimbursement of the town treasurer.

SEC. 13. In case such town, upon due warning given them, shall Same subject. not take due and effectual care to reimburse, pay, or satisfy the town treasurer the money, costs, and charges by him expended, or recovered against him, upon information or complaint thereof by him or by the person recovering the judgment named in section twelve of this chapter, made to the supreme court at any subsequent term thereof, setting forth the facts, such court may order the assessors of said town to assess upon the ratable property thereof, and the collector to collect, a tax sufficient for the payment of said judgment, with all incidental costs and charges, and the expense of assessing and collecting such

tax.

SEC. 14. Every suit, whether in law or equity, brought by a town, shall be brought in the name of the town, unless otherwise directed specially by law.

Suits by towns in what name brought.