TITLE 2. ter be held at such times as shall have been, from time to time, prescribed by the electors thereof, at their annual town-meeting. The time to be so fixed shall always be on some Tuesday between the first Tuesday in February and the first Tuesday in May, in each year; and when fixed, shall not be altered at any time within three years thereafter. chosen. Officers to be $3. There shall be chosen at the annual town-meeting in each town, one supervisor; one town clerk; not less than three, nor more than five assessors; one collector; two overseers of the poor; three commissioners of highways; three commissioners, and three inspectors of common schools; not more than five constables; one town sealer of weights and measures; as many overseers of highways as there are road districts in the town, except in the counties of Suffolk, Queens, Kings, and Richmond; and so many pound-masters, as the electors may determine.2 Fence view ers. Powers of an nual town meetings. $ 4. The assessors and commissioners of highways elected in every town shall, by virtue of their offices, be fence viewers of their town. $ 5. The electors of each town shall have power at their annual town-meeting, 1. To determine what number of assessors, constables and poundmasters, shall be chosen in such town for the then ensuing year:3 2. To elect such town officers as may be required to be chosen :3 3. To direct such sum to be raised in such town, for the support of common schools for the then ensuing year, as they may deem necessary, but not exceeding a sum equal to the amount required by law to be raised therein for that purpose :4 4. To direct the institution or defence of suits at law or in equity, in all controversies between such town and corporations, individuals, or other towns :5 5. To direct such sum to be raised in such town for prosecuting or defending such suits, as they may deem necessary :5 6. To take measures and give directions for the exercise of their corporate powers: 7. To make such provisions and allow such rewards for the destruction of noxious weeds, as they may deem necessary, and to raise money therefor :6 8. To establish and maintain pounds at such places within such town as may be convenient :7 9. To establish the compensation of the fence viewers and collector of such town; but the compensation of such collector shall in no case be more than five, nor less than three per cent. :8 (2) Ib. 1 R. L. 376, § 2; Laws of 1819, p. 190, § 9. (3) 2 R. L. 125, § 1. (4) Laws of 1819, p. 190, § 7. (5) Laws of 1820, p. 175, §1; 2 R. L. 132, § 15. (6) 2 R. L. 135, § 24. (7) 2 R. L. 131, § 12. (8) Ib.; Laws of 1823, p. 400. 10. To make, from time to time, such prudential rules and regula- ART. 1. tions, as they may think proper, for the better improving of all lands owned by such town in its corporate capacity, whether commons, or otherwise; for maintaining and amending partition or other fences around the same, or any part thereof, and circular fences for their lands, gardens, orchards and meadows; for protecting such lands from any trespass, and for directing the time and manner of using the same:9 11. To make the like rules and regulations for ascertaining the sufficiency of all fences in such town; for determining the times and manner in which cattle, horses, or sheep, shall be permitted to go at large on highways; and for impounding animals:9 12. To impose such penalties on persons offending against any rule or regulation established by such town, excepting such as relate to the keeping and maintaining of fences, as they may think proper; not exceeding twelve dollars and fifty cents for each offence: And, 13. To apply such penalties, when recovered, in such manner as they may think most conducive to the interests of such town.9 power. $6. In addition to the powers above specified, the electors of each Additional town, bound to support its own poor, shall have power, at their annual town-meeting, to direct such sum to be raised in such town for the support of the poor for the ensuing year, as they may deem necessary. And every town may raise any money that may be necessary, to defray any charges that may exist against the overseers of the poor of such town.10 meetings. $7. Special town-meetings shall be held to supply vacancies in Special town the several cases hereinafter provided. They shall also be held whenever twelve or more persons eligible to the office of supervisor of the town shall, by application in writing, signed by them, and addressed to the town clerk, require a special town-meeting to be called, for the purpose of raising monies for the support of common schools, or of the poor, when a proposition to that effect shall not have been acted upon at the annual town-meeting; or for the purpose of deliberating in regard to the institution or defence of suits, or the raising of monies therefor and no special town-meeting shall have power to act on any subjects, other than such as are specified in this section. 11 : $8. No previous notice need be given of the annual town-meet- Notices. ings; but the town clerk shall, at least eight days before the holding of any special town-meeting, cause notices thereof, under his hand, to be posted at four or more of the most public places in the town; which notices shall specify the time, place and purposes of such meeting."1 (9) 2 R. L. 131, § 12; Laws of 1823, p. 207, §.5. (10) 1 R. L. 287, § 23 ; Laws of 1824. p. 382. (11) 2 R. L. 126. § 1 and 16. TITLE 2. Orders, &c. Civil process. $9. Every order or direction, and all rules and regulations, made by any town-meeting, shall remain in force, until the same shall be altered or repealed at some subsequent town-meeting.12 $10. Whenever a town-meeting shall be held in any town, no civil process shall be served in such town on any elector entitled to vote therein, on any day during which such town-meeting shall be held. Justices to preside. Power to preserve order. ARTICLE SECOND. Of the Mode of conducting Town-Meetings. SEC. 11. Justices of the peace to preside at town-meetings. 12. They have power to preserve order. 13. If justice be absent, presiding officer to be chosen. 14. Town clerk to be clerk of the meeting; his duties. 15. If town clerk be absent, person to be chosen to act as clerk. 16. Town-meetings to be kept open in day time only; may be held for two days. 17. All questions to be decided by majority; presiding officers to declare result. 18. Proceedings in case any person offering to vote, shall be challenged as unqualified 19. Minutes of proceedings to be filed with town clerk, S 11. It shall be the duty of the justices of the peace of each town, to attend every town-meeting held therein; and such of them as shall be present, shall preside at such meeting, and shall see that the same is orderly and regularly conducted. 13 $ 12. The officers so presiding shall have the like authority to preserve order, to enforce obedience, and to commit for disorderly conduct, as is possessed by the board of inspectors at a general election. $ 13. If there be no justice of the peace present at such meeting, absent. then such person as shall be chosen for that purpose by the electors present, shall preside, and shall possess the like powers as the justi Presiding officer if justice Clerk of meeting. lb. Meeting how long kept open. Majority to decide, &c. ces, 13 $ 14. The town clerk last before elected or appointed, shall be the clerk of the town-meeting, and shall keep faithful minutes of its proceedings; in which he shall enter, at length, every order or direction, and all rules and regulations, made by such meeting. 13 $15. If the town clerk be absent, then such person as shall be chosen for that purpose by the electors present, shall act as clerk of the meeting. be $ 16. Town-meetings shall be kept open in the day-time only, between the rising and setting of the sun; and if necessary, may held two days successively, but no longer. 14 $ 17. All questions, upon motions made, at town-meetings, shall be determined by the majority of the electors voting; and the officers presiding at such meeting, shall ascertain and declare the result of the votes upon each question.15 (12) 2 R. L. 131, § 12. (13) Ib. § 2. (14) Ib. § 4. (15) Ib. § 1 and 2. S 18. If any person offering to vote at any election, or upon any question, arising at such town-meeting, shall be challenged as unqualified, the presiding officers shall proceed thereupon in the manmer prescribed in the fourth Title of the sixth Chapter of this act : and no person whose vote shall have been received upon such challenge, shall be again challenged upon any other question, arising at the same town-meeting. 16 ART. 1. Challenges. proceedings. $ 19. The minutes of the proceedings of every town-meeting, sub- Minutes of scribed by the clerk of such meeting, and by the officers presiding, shall be filed in the office of the town clerk, within two days after such meeting. TITLE III. OF THE ELECTION AND QUALIFICATIONS OF TOWN OFFICERS, AND ART. 1.-Of the election of town officers. ART. 2. Of the qualifications of town officers, and the tenure of their offices: ART. 3. ARTICLE FIRST. Of the Election of Town Officers. SEC. 1. Proclamation of opening and closing poll, when to be made. 2. Certain town officers to be chosen by ballot. 3. Other officers how to be chosen. 4. All persons voted for to be named in one ballot; its contents, &c. 5. When election is by ballot, poll lists to be kept. 6. Ballots to be deposited in a box. 7. Canvass of votes, how to be conducted. 8. Before ballots are opened, they are to be counted and compared. 9. Statement of the result, to be made and read; reading to be deemed notice of elec tion in certain cases. 10. In what cases clerk to transmit notice of election. tions. $1. Before the electors shall proceed to elect any town officer, Proclama proclamation shall be made of the opening of the poll, and proclamation shall in like manner be made, of each adjournment, and of the opening and closing of the poll, until the election be ended. S2. The supervisor, town clerk, assessors, collector, overseers of Mode of the poor, commissioners of highways, commissioners and inspectors choice. of common schools, and constables, shall be chosen by ballot. 17 $3. All other town officers shall be chosen either (16) 2 R. L. 126, § 1 and 2. (17) 2 R. L. 125, § 1; Laws of 1819, p. 190, § 9. TITLE 3. Contents of ballot. Poll list. Box. Canvass. Ib. Ib. statement of result. Notice to persons elected. $4. When the electors vote by ballot, all the officers voted for shall be named in one ballot, which shall contain written or printed, or partly written and partly printed, the names of the persons voted for, and the offices to which such persons are intended to be chosen, and shall be delivered to the presiding officers so folded as to conceal the contents. $5. When the election is by ballot, a poll list shall be kept by the clerk of the meeting, on which shall be entered the name of each person whose vote shall be received. $6. When the election is by ballot, the presiding officers shall deposit the ballots in a box to be constructed, kept, and disposed of, as near as may be, in the manner prescribed in the fourth Title of Chapter sixth of this act. $7. At the close of every election by ballot, the presiding officers shall proceed publicly to canvass the votes; which canvass, when commenced, shall be continued without adjournment or interruption, until the same be completed. $8. Before the ballots are opened, they shall be counted and compared with the poll list, and the like proceedings shall be had as to ballots folded together, and as to differences in number, as are prescribed in the fourth Title of the sixth Chapter of this act. $9. The canvass being completed, a statement of the result shall be entered at length by the clerk of the meeting, in the minutes of its proceedings to be kept by him as before required, which shall be publicly read by him to the meeting; and such reading shall be deemed notice of the result of such election, to every person whose name shall have been entered on the poll list as a voter. $10. The clerk of every town-meeting, within ten days thereaf ter, shall transmit to each person elected to any town office, whose name shall not have been entered on the poll list as a voter, a notice of his election. ARTICLE SECOND. Of the Qualifications of Town Officers, and the Tenure of their SEC. 11. Must be an elector of the town. Offices. 12. Loan officers appointed under the act of 1792, ineligible to the office of supervisor 13. Certain officers required to take the oath of office. 14. Oath to be certified. 15. Certificate of oath to be filed with town clerk. 16. Neglect to take and file certificate of oath, deemed a refusal to serve. 17. Certain officers to give notice of their acceptance of their offices. 18. Neglect to give such notice to be deemed a refusal to serve. 19. Collector to give bond with sureties. 20. Bond to be filed with county clerk, and entry to be made by him; its effect 28 3 lien. |