CHAPTER IV. STRAYS. SECTION 1037. Notice of strays. 1038. Entry of notice. 1039. Book to be open to inspection and search. 1040. Charges for keeping strays. 1041. Fence viewers' fees. 1042. Proceedings if strays are not redeemed. 1044. Notice of sale. 1045, 1016. Proceeds. 1047. Penalty. 1048. Cities. From 1 R. S., 660, §§ 17 to 29. strays. § 1037. Whenever any person has upon his Notice o inclosed land any strayed horse at any time, or, between the first day of November and the first day of April thereafter, any strayed neat cattle or sheep, he shall, within ten days after the coming of such stray thereon, give written notice of his name and place of abode, and the age, color and marks, natural and artificial, of each stray, as near as may be, to the clerk of the town where the lands lie. If he neglects to do so within the time required, he shall be precluded from all the benefits of this chapter and from all claim to compensation for keeping such strays.' § 1038. The town clerk shall immediately enter Entry of each notice at large in a book to be provided by him for that purpose; for which entry he shall Book to be open to inspection receive six cents each for all neat cattle and horses, and three cents for each sheep, to be paid by the person delivering the notice. § 1039. The book for such entries shall always and search. be kept open to inspection, and no fee shall be taken by the clerk for any search therein. Charges for keeping strays. Fence view. er's fees. Proceed ings if strays are not redeemed. § 1040. The person delivering the notice shall be entitled to receive therefor, from the owner, nine cents each for all neat cattle and horses, and three cents for each sheep described, together with fees paid or due to the clerk, and all reasonable charges for keeping the strays; such charges being first ascertained by two of the fence viewers of the town, to be selected by him in case he and the owner of the strays cannot otherwise agree He has a lien on the strays therefor. § 1041. Each fence viewer is entitled to receive from the owner of the strays six cents for every mile he is obliged to travel from his house to the place where such strays are kept, and twenty-five cents for a certificate of the charges as ascertained by him. § 1042. Every person who gives such notice and keeps any stray described, shall, if it be not sooner redeemed, between the first and twentieth days of May, give notice to one of the fence viewers, who shall fix and certify the reasonable charges of keeping. The fence viewer shall be paid, by the person applying for the certificate, the fees prescribed by the preceding section. pays § 1043. If no owner claims such stray, and the sums charged, on or before the first day of May next after the making of the entry, the stray may be sold by public auction to the highest bidder. Sale. sale. § 1044. The person selling shall give at least Notice of twenty days' previous notice of the time and place of sale, by posting notice thereof at three of the most public places in the town where the strays have been kept. § 1045. Out of the proceeds of sale he shall Proceeds. retain the sums charged by him under this article, and the same charges for sale as are allowed on sales under executions issued out of justices' courts. He shall pay the residue on demand, to the owner of the strays. § 1046. If the owner does not appear and de- Proceeds. mand the same within one year, he shall be forever precluded from recovering the same, and it shall be paid to the supervisor for the use of the town; and his receipt is evidence thereof. § 1047. If the person who sold such strays shall Penalty. not, within thirty days after the expiration of the year, pay such balance to the supervisor of the Cities. town, he is liable to the town in a penalty of double the sum so remaining in his hands, together with the amount of such sum. § 1048. This chapter applies to cities as well as to towns. CHAPTER V. Process to be served on supervi LEGAL PROCEEDINGS BY AND AGAINST TOWNS. SECTION 1019. Process to be served on supervisor; his duty. 1051. Partition in certain cases. From 1 R. S., 665, §§ 3, 6, 7. § 1049. In all legal proceedings against towns or; his du by name, the first process and all other proceed ty. Recoveries in actions for penalties for trespass. ings requiring to be served, shall be served on the supervisor of the town; and whenever any such proceeding is commenced it is the duty of the supervisor to attend to the defense thereof, and to lay before the first town meeting a full statement thereof, for their direction in regard to its defense. § 1050. If on the trial of any action for a penalty imposed for any trespass committed on the lands of a town it appears that the actual amount of injury to such lands exceeded the sum of twelve dollars and fifty cents, then the amount of the actual damage, with costs, shall be recovered, instead of the penalty for the same trespass imposed by the town meeting; and such recovery shall be a bar to every other suit for the same trespass. certain cases. § 1051. Whenever, by the judicial determina- Partition in tion of any controversy in relation to lands the common property of a town, or of any proceeding for the partition thereof, the rights of any town are settled, the court in which such proceedings are had may partition such lands according to the rights so settled. CHAPTER VI. TOWN CHARGES. SECTION 1052. Town charges enumerated. 1053. Auditing accounts. 1054. Collection of town charges. From 1 R. S., 666. § 1052. The following are town charges: 1. The compensation of town officers for services rendered for their respective towns; 2. The contingent expenses necessarily incurred for the use of the town; 3. Moneys duly authorized to be raised by the vote of the town meeting; 4. Moneys directed by law to be raised for any town purpose. Town charges enumerated accounts. § 1053. Accounts for the compensation of town Auditing officers and the contingent expenses of towns (except for moneys received and disbursed, which are to be settled by the board of town auditors) shall |