Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1836-02-25
WHOLE NO. 3Os.

fnr his or their use and beneft; and shall be-
suspc cted of having made and executed such
deed or other conveyance, with the intent
aforesaid, which suspicion shall be openly
communicated to the moderator or warden Of
any town or ward meeting by any freeman
there present, the vote of such person or per-
sons so suspected shall not be received for
any officer or officers, unless lac or they first
purge himself or themselves Of such suspicion
by oath or affirmation, to be administered to
him or them by the moderator or warden Of
the town or ward meeting, in the form fol-
lowing, to wit:
| You - do solemnly swear Tor affirm(
that the conveyance by you made to -
is Just, true and honest convey aDce, and
that you did intend thereby to vest in the said
~ such an estate as is expressed in the
said instrument for the consideration therein
mentioned; and that you have not received,
and do not expect any promise or assurance
of any nature or kind whatsoever, for the re-
conveying OF the said estate, and that you do
not expect any reconveyance Of the same
either to yourself or to any other person for
your use; and this declaration you make and
give without any evasion, equivocatlon or
mental reservation whatsoever, so help you
Color, tins affirmation you make and give
upon the peril of the penalty of perjury: Pro-
rided uiicays that whenever any dispute may
arise respecting any PERSONS residence, or
other rights under this act, the moderator or
warden shall have authority to examine un-
der oath the person offering TO vote, and 9TH
er persons who may be present, respecting
the same.
SEC. 9. .9nd be Il further enacted, That
whenever any moderator or warden of any
town or ward meeting, shall be suspected OF
not being legally qualified with sufficient es-
tate; or Of fraudulent practices in procuring
himself to be qualified; or for having made
and executed any deed or other conveyance
to any person or persons, with an intent to
qualify him or them in fraudulent manner,
it shall and may be lawful for any freeman OF
said town or city, to challenge the vote OF
said moderator or warden; which vote shall
not be received for any officer, except such
moderator or warden shall first take the oath
or affirmation herein before directed to be
taken by other persons whose votes shall be
challenged for tire like causes: which oath or
affirmation shall be administered to tire mod
orator by the town clerk, and to the warden
Il Iby the ward clerk, in the respective towns
II and cities Of this State.
II Sec. 10. find be II further enacted, That If
| any person or persons making or receiving
/ any deed or other conveyance for the pur-
pose mentioned in the eighth section of this
act, shall be thereof convicted before the JUS
| tices of the Supreme Judicial Court within
and for this State, who are hereby empower
ed upon indictment, to inquire into the same,
such person or persons shall be declared, by
said Court, to be utterly incapable forever
thereafter, Of sustaining any Office, and Of vot-
ing for any officer in this State: and that if
any person or persons shall be prosecuted for
making or receiving such fraudulent deed OF
copvo moo afcrosaid fhov scuorall shan
be allowed to purge themselves Of said cyime
by oath or affirmation before saId court: and
| if he or they shall refuse so to do, he or they
shall be adjudged guilty by said court, and
sentence shall be given accordingly: and the
! form of the oath or affirmation to be adminis-
tered to the person or persons who made and
executed such suspected fraudulent deed or
conveyance shall be the same prescribed in
the eighth section Of this act: and the follow
ing shall be the form of the oath or aifirma-
ton to be administered to the person or per-
sons who received such suspected fraudulent
deed or conveyance, to wit:-You -7,
do solemnly swear Tor affirm) that you we're
really and truly possessed in your own right
of the estate of which q conveyance has been
made to you by ---, according TO tho
tenor of said conveyance and by virtue of the
same and that you held and improved the
hoof, at and after the date Of said conveyance:
and that you have not at any time given any
promise or assurance, of any kind or nature
whatsoever, that you would reconvey said es-
tate to the said--, or to any other per-
son or persons in his or their BEHALF and this
declaration you make and give, without any
evasion, eQuivocatioD, or mental reservation
whatsoever, So help you God: or this affirm
alton you make and give upon the peril Of the
penalty Of perjury.
Sec. IL. .fnd be IL further enacted, That if
any person shall attempt to vote for any oti-
Ger in any town or ward meeting in this State,
who shall be suspected Of being qualified in
fraudulent manner, it shall and may be law
fu for any freeman to inform the moderator
or warden thereof, and to insist that his vote
be not received, unless the person suspected
shall FIRST purge himself by oath or affirmation
of and from such suspicon; and that the said
oath or affirmation be administered by the
moderator, warden or person presiding ut sucl,
meeting, according to the form Of the oath in
the tenth section Of this act, namely, the same
which is directed to be taken by such person
as shall be prosecuted for receiving a fTaudu-
lIent deed with such variations thereof a.
may be necessary for the purpose: and i any
person 60 suspected and challenged shall re-
fuse to take the said oath or affirmation, his
vote shall not be received: Proridcd hotcever,
That no person shall be required to make
oath or affirmation, as aforesaid, more shau
once in town or ward meeting in respect Va
the same conveyance.
II SEC. IL. .4nd be H. further enacfed, That no
person (except the eldest son OF any freehol-
der and freemanl shall be admitted u vote
for apy State, city, or town officer or ofheerss
unless he be Possessed Of an estate IN the