Towns to be named by the

people or commissioners

Commissioners to

of deeds

for first town

the people: Provided, That no town shali contain less than one hundred inhabitants.

SEC. 4. Towns thus formed shall be named in accordance with the expressed wish of the inhabitants of the town; but if there shall not be a degree of unanimity as to the name, the Commissioners may designate a name.

SEC. 5. The Commissioners shall make a written report of report to register their proceedings, giving the names and bounds of each town, and present such report to the Register of Deeds of the county. SEC. 6. The Register of Deeds shall thereupon make out notices for each town, designating a suitable place for holdRegister of deeds ing the first town meeting in such town, which shall be holden to designate place within twenty days after the Register of Deeds receives the report of said Commissioners; and he shall deliver such notices to the sheriff of the county, who shall cause the same to be posted in not less than three of the most public places in such township, and not less than ten days before the day set for such town meeting. If any Register of Deeds or Sheriff, shall fail to perform their duties under this Act, they, or either of them, shall forfeit not less than one, nor more than five hundred dollars to the county injured.

meeting

Description of

recorded by

SEC. 7. Each Register of Deeds shall, within thirty days after receiving such report of the Commissioners, transmit each town to be by mail, to the Auditor of State, an abstract of such report, giving the bounds of each town and the names designated; and said Register shall record in a book for that purpose, description of each town, as fully as the report of said commissioners.

register?

No two towns to have same name

SEC. 8. If the Auditor, on comparing the abstract of the reports from the several counties, shall find that any two or more townships have names alike, he shall transmit to the Register of the county or counties, the name or names of such town or towns to be altered, and the Board of Supervisors of such county shall, at its next meeting thereafter, adopt for such town some name different from those heretofore named, so that no two towns organized under this Act shall be named alike; and when such name shall be adopted, the Register of the county shall inform the Auditor, as before directed.

SEC. 9. The Auditor of the State shall make a record of the names and boundaries of the several towns organized under Aaditor to make this Act.

record

ARTICLE II.

OF THE RIGHTS, POWERS AND LIABILITIES OF TOWNS AS BODIES

CORPORATE.

SEC. 1. Each town as a body corporate has capacityFirst-To sue and be sued, in the manner prescribed in the Power to sue & laws of this State.

Second-To purchase and hold lands within its own limits To purchase and and for the use of its inhabitants, subject to the power of the

hold lands

Legislature.

Third-To make such contracts, purchase and hold such personal property as may be necessary to the exercise of its corporate or administrative powers.

Make contracts

perty

Fourth-To make such orders for the disposition, regula- Regulate protion or use of its corporate property as may be deemed conducive to the interests of its own inhabitants.

SEC. 2. No town shall possess or exercise any corporate Powers prohibit powers except such as are enumerated in this Act, or shall ed

be specially given by law, or shall be necessary to the exer

cise of the powers so enumerated or granted,

land

SEC. 3. All acts or proceedings by or against a town in its corporate capacity, shall be in the name of such town; Conveyance of but every conveyance of lands within the limits of such town, made in any manner, for the use or benefit of its inhabitants, shall have the same effect as if made to the town by name.

ARTICLE III.

OF TOWN MEETINGS.

held-notice to be

given

SECTION 1. The citizens of the several towns of this State, Town meetingsqualified by the Constitution to vote at general elections, When and where shall annually assemble and hold town meetings in their respective towns, on the first Tuesday of April, at such place in each town as the electors thereof, at their annual town meetings shall, from time to time, appoint, and notice of the time and place of holding such meeting shall be given by the Town Clerk, by posting up written or printed notices in three of the most public places in said town, at least ten days prior to said meeting.

SEC. 2. There shall be chosen at the annual town meeting in each town, three Supervisors, one to be designated as chairman, one Town Clerk, one Assessor, one Collector, one Overseer of the Poor, two Constables, two Justices of the Peace, as many Overseers of the Highways as there are road districts in the town, and as many Pound Masters as the electors may determine: Provided, That Justices of the Peace and Constables shall be elected only once in two years, except to fill vacancies, and such Justices and Constables shall be successors to Precinct Justices and Constables as soon as they are duly elected and qualified.

Officers to be

elected

SEC. 3. The Assessors and Supervisors elected in every Fence viewers-town, shall, by virtue of their office, be Fence Viewers of Who are such towns.

SEC. 4. The electors of each town shall have power at their annual town meetings:

1st. To determine the number of Pound Masters and the

locality of Pounds.

2d. To select such town officers as may be required to be chosen.

Powers of electors

at town meetings

3d. To direct the institution or defense of suits at law or Suits at law in equity, in all controversies where such town shall be in

terested.

To raise money

Fences

4th. To direct such sum to be raised in such town for prosecuting or defending such suit, as they may deem necessary.

5th. To make all rules and regulations for ascertaining the sufficiency of all fences in such towns, and for impounding animals.

6th. To determine the time and manner in which cattle, Cattle, horses, &c horses, mules, asses, hogs, sheep, goats, or dogs, shall be permitted to go at large.

alties

7th. To impose such penalties on persons offending To impose pen against any rule or regulation established by such town, except such as relate to the keeping and maintaining of fences, as they may think proper, not exceeding ten dollars for each offense.

Penalties how applied

notice of &c

8th. To apply such penalties when collected, in such manner as they may deem most conducive to the interest of such town.

SEC. 5. Special town meetings shall be held to supply When to be held-vacancies in the several cases hereinafter provided for. They shall be held when the Supervisors, Town Clerk and Justices of the Peace, or any two of them, together with at least twelve other freeholders of the town, shall, in writing, file in the office of the Town Clerk, a statement that a special meeting is necessary to the interests of the town, and the Town Clerk, or in case of his absence the Supervisor shall post up notices in five of the most public places in the town, giving at least ten days notice of such special town meeting, and such meeting shall act on no subject that shall not be specified in the notice calling such meeting.

clerk pro tem

ARTICLE IV.

OF THE METHOD OF CONDUCTING TOWN MEETINGS.

SEC. 1. The electors present at any time between nine and ten o'clock in the forenoon of the day of the annual town Town meetings meeting, or special town meeting, shall be called to order by how conducted the Town Clerk, if there be one present, in case there is who to be clerk-none present, then the voters may elect, by acclamation, one of their number chairman. They shall then proceed to choose one of their number to preside as moderator of such meeting. The Town Clerk last before elected, shall be clerk of the 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. If the Town Clerk be absent, then such person as shall be elected for that purpose, shall act as clerk of the meeting. (1, 2, 3.) SEC. 2. All questions upon motions made at town meetQuestions how de-ings, shall be determined by the majority of the electors voting, and the moderator presiding at said meeting, shall ascertain and declare the result of the votes on each question. SEC. 3. If any person offering to vote at any election, or upon any question arising at such town meeting, shall be

termined

challenged as an unqualified voter, the judges of the town Persons challeng meeting, shall proceed thereupon in like manner as the judges ed to take oath at the general election are required, adapting the oath to the circumstances of the town meeting.

SEC. 4. No person shall be a voter at any town meeting, Qualification of unless he shall be qualified to vote at general elections, and voters has been for the last ten days, an actual resident of the town wherein he shall offer to vote.

SEC. 5. The minutes of the proceedings of every town Clerk to keep meeting, subscribed by the clerk of said meeting, and by the minutes judges, shall be filed in the office of the Town Clerk, within two days after such town meeting.

ARTICLE V.

PROCLAMATIONS.

SEC. 1. Before the electors shall proceed to elect any town officer, proclamation shall be made of the opening of the polls, Proclamation at by the moderator, and proclamation shall in like manner be opening and closmade at each adjournment, and of the opening and closing

of the polls, until the election is ended.

SEC. 2. The Supervisors, Town Clerk, Assessor, Overseer Manner of votin of the Poor, Collector, Constables and Justices of the Peace, shall be chosen by ballot, all other officers shall be chosen either by yeas and nays, or by dividing the electors, as the electors of the meeting may determine.

ed

SEC. 3. When the electors vote by ballot, all the officers voted for shall be named in one ballot, which shall contain, Ballots how foldwritten 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 one of the Judges so folded as to conceal the contents.

SEC. 4. When the election is by ballot, a poll list shall be kept by the clerk of the meeting, on which shall be entered Poll list the name of each person whose vote shall be received,

SEC. 5. When the election is by ballot, one of the judges Ballot box shall deposit the ballots in a box provided for that purpose.

Canvass of votes)

SEC. 6. At the close of every election by ballot, the judges, shall proceed publicly to canvass the votes, which canvass, without adjournwhen commenced, shall be continued without adjourment or ment interruption, until the same be completed.

SEC. 7. The canvass shall be conducted by taking a ballot Double votes to at a time from the ballot box, and continue counting until the be destroyed number of ballots are equal to the number of names on the poll list, and if there shall be any left in the box, they shall be immediately destroyed, and such person as shall have the greatest number of votes, shall be declared to be elected. If, on the opening the ballots, two or more ballots shall be found to be so folded, that it shall be apparent that the same person voted them, the board shall destroy such votes immediately.

SEC. 8. The canvass being completed, a statement of the

Clerk to read

sult of the elec

result shall be entered at length by the clerk of the meeting,. publicly the re- 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 the election to every person whose name shall have entered on the poll list as a voter.

tion

Cierk to notify

SEC. 9. The clerk of every town meeting, within ten days. persons elected thereafter, 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.

Qualifications

Officers to take cath

To Ale acceptance

Effect of neglect

tanee to be filed

with town clerk

ARTICLE VI.

QUALIFICATIONS.

SEC. 1. Any qualified voter at town meetings shall be eligible to any town office.

SEC. 2. Every person chosen to the office of Supervisor, Town Clerk, Assessor, Overseer of the Poor, and Collector, before he enters upon the duties of his office, and within ten days after he shall be notified of his election or appointment, shall take and subscribe before any Justice of the Peace, such oath or affirmation of office as is prescribed by law.

SEC. 3. Such person shall, within eight days thereafter, cause such certificate to be filed in the office of the Town Clerk.

SEC. 4. If any person chosen or appointed to either or any of the town office above enumerated, shall neglect to take and subscribe such oath, and cause the certificate there of to be filed as above required, such neglect shall be deemed a refusal to serve.

SEC. 5. Every person chosen or appointed to the office of Notice of accep- Overseer of Highways or Pound Master, before he enters on the duties of his office, and within ten days after he shall have been notified of his election or appointment, shall cause to be filed in the office of the Town Clerk, a notice signifying his acceptance of such office. A neglect to cause such notice to be filed, shall be deemed a refusal to serve.

bond

SEC. 6. Every person chosen or appointed to the office of Collector to file Collector, before he enters upon the duties of his office, and within eight days after he receives notice of the amount of taxes to be collected by him, shall execute to the Supervisors of the town, and their successor to office, and lodge with him, a bord, with one or more sureties to be approved by such Su pervisor, in double the amount of such taxes, conditioned for the faithful execution of his duties as such Collector.

Bond to be filed with register of

SEC. 7. The Chairman of Town Board shall, within six days thereafter, file such bond, with said approval endorsed deeds-offect of thereon, in the office of the Register of Deeds, who shall make an entry thereof in a book to be provided for that pur pose, and every such bond shall be a lien on all the real estate, severally, of such Collector within the county, at the time of the filing thereof, and shall continue to be such lien