Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1836-02-25

man of said town or city TO challenge such
/ vote for either Of the causes aforesaid and To
| insist that such vote be not received, except
such person shall first declare on oath on af-
| frnation Ito be administered to him by the
moderator or warden of any town or ward
meeting) in manner as is hereinafter prescrlb-
ed in sections seventh and eleventh. And II
any moderator or warden shall receive the
! vote Of any person challenged aforesaid,
without first administering to him such oath
! or affirmation, he shall forfeit and pay the
sum of one hundred dollars, to be recovered
in manner hereinafter directed. And that
any person whose vote shall be challenged
upon such certificate for insuihciency Of es-
tate in any town or ward meeting, and which
| shall be admitted for that time upon his maxi
| ing oath agreeably To law, shall not be allow
ed to vote afterwards on said estate, unless
he shall produce proper certificate OF his
being qualified with sufficient estate accord
ing to law, from the persons appointed to ap-
praise real estate in such cases, an the town
or city where his estate lies; which certificate
it shall be the duty Of the town or city clerks
respectively to record. And i. shall also be
the duty Of the respective ward clerks OF any
city, to return said certificate To the city
clerk for that purpose.
SEC. 4. .4nd be IL further enacted That no
person whose estate is under mortgage, and
the mortgagee is in possession OF such estate,
either by suit at law or by consent of the
mortgagor, as prescribed by statute, shall DO
admitted to vote in the election of any officer
in this State, or be capable Of acting as a
freeman therein, but the mortgagee, having
possession Of the land as aforesaid, shall be
admitted to vote in the election of officers, IT
he is in other respects qualified; and that no
person shall be permitted to vote on this es-
tate under mortgage, while in his possession,
unless his interest in the said estate shall ex-
ceed the sum of one hundred and thirty-four
| dollars, over and above ell sums secured by
mortgage thereon.
Sec. 5. find be II further enacted, That
when any person hath been admitted free OF
this State, or Of any town or city therein, IN
| right of his wife's dover, or by having real
estate in reverson which qualities any other
person to vote, or by having house or hou-
ses, or any other building or buildings, stand
| ing or being on land which doth not really
and truly belong to the person or persons so
admitted, in fee simple, fee tail, or for life,
but belongs TO some other person or persons,
! or is only hired for limited term OF years
the admission Of all such persons to be free
men is hereby declared to be utterly null and
void.
Sec. 6. Ind be 1t further enacted, That ev-
ery person before his admission to be free
man, shall be propounded ut least three
months in open town meeting, or City Coun-
Gil; and no person shall stand propounded to
| be made free, but such only who at the time
of his being propoQnded is really possessed
of such an estate as is before described, the
deed or other conveyance whereof shall have
been recorded, and also shall be produced in
open town meeting or City Council at the
time of his being propounded; and the town
or city clerk shall make record of every per-
son who shall be propoupded: and every per-
son standing upon any town or city clerks
books as propounded, who is not qualified as
aforesaid, shall have no notice taken OF such
propounding, but the same shall be void: And
in case any dispute shall arise in respect OF
the value of such estate or freehold, of any
person,s so propounded, at the time OF such
propoundng, the same shall be determined
by three persons, or any two of them, to be
annually chosen by the town meeting or city
council Of each respective town or city, and
who shall be under oath for that purpose; and
no person shall be permitted to vote or act
as freeman in this State, unless he shall
have been propounded and admitted as aforc-
said. Provided nevertheless, That the eldest
son, being twenty lone years OF age, OF any
such freeholder and freeman, shall without
being propounded as aforesaid, be entitled at
ter admission to all the privileges Of free
man.
| Sec. z. And be ii further enacted, That if
any person in this State shall attempt to vote
| for any officer in any town or ward meeting,
and shall be suspected not to be qualified
| with respect TO the sufficiency or value OF his
estate as aforesaid, it shall and may be lawful
! for any freeman to inform the moderator or
warden thereof, and to insist that such vote
| be not received, except the person suspected
will first declare on oath or affirmation, to he
administered to him by said moderator or
warden, that he is really and bona fide quail
! fed with sufficient estate, as is required by
this act; and that if any moderator or warden
shall receive and admit the vote OF any per-
son suspected and challenged as aforesaid,
without first giving his oath or affirmation as
is above required, such moderator or warden
, shall forfeit and pay the sum OF one hundred
J dollars, to be recovered in manner hereinfter
J directed; and that any person, who shall be
|, challenged as aforesaid, in any town or ward
meeting, and shall be admitted to vote for
that time upon his making oath agreeably to
, law, shall not be allowed TO vote afterwards
on said estate, unless he shall produce pro-
, per certificate Of his being qualified with suf-
ffcient estate according to law, from the per-
, sons appointed to appraise real estates IN
, such cases: rhich certificate II shall be the dufy
of The town or city clerks respectively to record:
, and which certificate it shall also be the du'y
: Of the respective ward clerks in the city OF
!, Providence to return to the city clerk OF said
city, for that purpose.
SEC. 8. Ind be IL further enocfed, That II
any person or persons shall hereafter presume
[ To make and execute any deed OF other con.