list of sales and give a receipt therefor to the person redeeming the same, for which he may charge a fee of twenty-five cents, to be paid by the person redeeming, and shall hold the redemption money paid, subject to the order of the purchaser, his agent or attorney. But if any such purchaser, other than a county or other municipal corporation, shall suffer such real estate to be again sold for taxes, he shall be entitled to only ten per cent. interest, instead of twenty per cent., as allowed in this and the next preceding section. Infants, idiots and insane persons may redeem any land belonging to them within one year after the expiration of such disability on like terms as if the redemption had been made within one year from the date of said sale and from the date of each subsequent payment of taxes thereon at the rate of twenty per centum per annum on the several amounts so paid by the purchaser until redemption.

1901, c. 558, ss. 11, 12.

2914. To whose benefit it inures. Any redemption made shall inure to the benefit of the person having the legal or equitable title to the property redeemed, subject to the right of the person making the same to be reimbursed by the person benefited; which reimbursement is hereby made a condition precedent to the vesting of any interest or estate, under the benefits of this section, in the real estate redeemed in the person whose duty it is to make such reimbursement.

2915. Every town a body politic. Every incorporated city or town is a body politic and corporate, and shall have the powers prescribed by statute, and those necessarily implied by law, and no other.

Code, s. 702.

2916. Corporate powers. A city or town is authorized:

1. To sue and be sued in its corporate name.

2. Out of any funds on hand, and without creating any debt, to purchase and hold real estate for the use of its inhabitants.

3. To purchase and hold land, within or without its limits, not exceeding fifty acres, for the purpose of a cemetery, and to prohibit the burial of persons at any other place in said town, and to regulate the manner of burial in such cemetery. All municipal corporations purchasing real property at any trustee's or mortgagee's sale or commissioner's sale or execution or tax sale shall be entitled to a conveyance therefor from the trustee, mortgagee or other person or officer conducting such sale, and deeds to such municipal corporations or their assigns shall have the same force and effect as conveyances to private purchasers. The provisions of this subsection shall apply to such sales and conveyances as may have been heretofore made by the persons and officers mentioned in the foregoing section. 4. To make such contracts and purchase and hold such personal property as may be necessary to the exercise of its powers.

5. To make such orders for the disposition or use of its property as the interest of the town requires.

6. To grant upon reasonable terms franchises for public utilities. 7. To provide for the municipal government of its inhabitants in the manner required by law.

8. To levy and collect such taxes as are authorized by law.

9. To do and perform all other duties and powers authorized by law.

Code, ss. 704, 3817; 1901, c. 283; 1905, c. 526.

2917. How corporate powers exercised. The corporate powers can be exercised only by the board of commissioners, or, in pursuance of resolutions adopted by them, unless otherwise specially provided by law; which board shall consist of not less than three nor more than seven commissioners.

Code, ss. 703, 3787; R. C., c. 111, s. 1.

2918. How far this chapter applicable; meaning of "commissioners." This chapter shall apply to all incorporated cities and towns where the same shall not be inconsistent with special acts of incorporation, or special laws in reference thereto, and the word "commissioners" shall also be construed to mean "aldermen," other governing municipal authorities. The sections of this chapter relating to municipal or town elections shall apply to all cities and towns not expressly excepted by law.

2919. Elected biennially by qualified voters. The board of cominissioners of each town shall be biennially elected by the qualified voters thereof, at the time and in the manner prescribed by law. Code, s. 3787.

2920. Oath of office of. The commissioners shall take and subscribe an oath before some person authorized by law to administer oaths that they will faithfully and impartially discharge the duties of their office, and such oath shall be filed with the mayor of such town and entered in a book kept for that purpose.

Code, s. 3799; R. C., c. 111, s. 12.

2921. Vacancy, how filled. In case of a vacancy after election in the office of commissioner the others may fill it until the next election.

Code, s. 3793; R. C., c. 111, s. 9.

2922. How number of, changed. After the first election the voters of any town may, whenever and as often as they choose, at

the time of electing commissioners, and after due notice given thereof by the commissioners then in authority, by a majority of all the votes cast, alter the number of commissioners, so that the number be not more than seven nor less than three; and thenceforth the number of commissioners agreed on shall be chosen. Code, s. 3791; R. C., c. 111, s. 7.

III. POWERS OF COMMISSIONERS.

2923. Ordinances, rules and regulations made by. The board of commissioners shall have power to make ordinances, rules and regulations for the better government of the town, not inconsistent with this chapter and the law of the land, as they may deem necessary; and may enforce them by imposing penalties on such as violate them; and may compel the performance of the duties imposed upon others, by suitable penalties.

Code, ss. 3799, 3804; R. C., c. 111, ss. 12, 17.

Note.

For proof of ordinances on appeal, see Evidence, s. 1595.

2924. May levy taxes. The board of commissioners may annually levy and cause to be collected for municipal purposes a tax not exceeding fifty cents on the hundred dollars, and one dollar and fifty cents on each poll, on all persons and property within the corporation, which may be liable to taxation for state and county purposes; and may annually lay a tax on all trades, professions and franchises carried on or enjoyed within the city, unless otherwise provided by law; and may lay a tax on all such shows and exhibitions for reward as are taxed by the general assembly; and on all dogs, and on swine, horses and cattle, running at large within the town; and on all persons, apothecaries and druggists excepted, retailing or selling liquors or wine of the measure of a quart or less, a tax not exceeding twenty-five dollars per year, if the sale of liquor is allowed in such town.

Code, s. 3800; R. C.. c. 111, s. 13; 1862, c. 51.

2925. May appoint a constable and other officers; fix salary of mayor and others. The board of commissioners may appoint a town constable, and such other officers and agents as may be neces sary to enforce their ordinances and regulations, keep their records, and conduct their affairs; may determine the amount of their salaries or compensation; and also the compensation or salary of the mayor; may impose oaths of office upon them, and require bonds. from them payable to the state, in proper penalties for the faithful discharge of their duties.

Code, s. 3800; R. C.. c. 111. s. 13; 1862, c. 51.

2926. May appoint police. The board of commissioners may appoint town watch or police, to be regulated by such rules as the board may prescribe.

Code, s. 3803; R. C., c. 111, s. 16.

2927. Policemen may execute criminal process. A policeman shall have the same authority to make arrests and to execute criminal process, within the town limits, as is vested by law in a sheriff. Code, s. 3811.

2928. May establish and regulate markets; street sales free, when. The board of commissioners may establish and regulate their markets, and prescribe at what place, within the corporation, shall be sold marketable things; in what manner, whether by weight or measure, may be sold grain, meal or flour (if the flour be not packed in barrels), fodder, hay, or oats in straw; may erect scales for the purpose of weighing the same, appoint a weigher, fix his fees, and direct by whom they shall be paid. But it shall not be lawful for the commissioners or other authorities of any town to impose any tax whatever on wagons or carts selling farm products, garden truck, fish and oysters on the public streets thereof.

Code, s. 3801; R. C., c. 111, s. 14; 1879, c. 176.

2929. May abate nuisances. The board of commissioners may pass laws for abating or preventing nuisances of any kind, and for preserving the health of the citizens.

Code, s. 3802; R. C., c. 111, s. 15.

2930. Shall repair streets and bridges. The board of commissioners shall provide for keeping in proper repair the streets and bridges in the town, in the manner and to the extent they may deem best; may cause such improvements in the town to be made as may be necessary, and may apportion the same equally among the inhabitants, by assessments of labor or otherwise, and the citizens shall not be liable to work on the public roads without the limits of the town. When they determine to repair or improve by labor, they may appoint an overseer and compel such persons as are liable to perform duty on the public roads to work on the streets, in the manner and under the penalties provided in the general law for the reparation of the public roads.

Code, s. 3803; R. C., c. 111, s. 16.

NOTE. For prohibition of title to streets, etc., by occupancy, see ss. 388, 389.