until its conditions, together with all costs and charges which may accrue to the prosecution thereof, shall be fully satis fied.

Justices of the

peace to take oath

SEC. 8. Every person chosen to the office of Constable, before he enters upon the duties of his office, and within eight days after he shall be notified of his election or appointment, shall take and subscribe the oath of office prescribed and file bond by law, and shall execute in the presence of the Supervisor or Town Clerk of the town, with one or more sureties, to be approved by such Supervisor or Town Clerk, an instrument in writing, which such Constable and his sureties shall jointly and severally agree to pay to each and every person who may be entitled thereto, all such sums of money as the said Constable may become liable to pay on account of any execution or other process which shall be delivered to him for collection, by virtue of his office. Justices of the Peace before entering on the duties of their office, shall take and subscribe an oath, and file a bond, (to be approved by the Supervisor,) with the Clerk of the district, in the penal sum of not less than five hundred dollars, nor more than one thousand dollars, conditioned for the faithful discharge of all his official duties as Justice of the Peace.

SEC. 9. The Chairman of the Board of Supervisor's, or Town Clerk, shall, if approved, endorse such approval of such instrument, which shall be his approval of the sureties supervisor or therein named, and then shall cause the same to be filed in town clerk to apthe office of the Town Clerk, a copy of such instrument, certified by the Town Clerk, shall be presumptive evidence in all Courts of the execution thereof by such Constable or Justice and his sureties.

prove of bond

SEC. 10. All actions against a Constable or his sureties, Actions against apon such instrument, shall be prosecuted within one year constables—limiafter the expiration of the year for which the Constable tations of named therein shall have been elected or appointed.

to take oath &c

Penalty for refus

SEC. 11. If any person chosen or elected to the office of Collector or Constable, shall not give such security and take Effect of neglect such oath as is required above, within the time limited for that purpose, such neglect shall be deemed a refusal to serve. SEC. 12. If any person chosen or appointed to the office of Supervisor, Town Clerk, Assessor or Overseer of the Poor, shall refuse to serve, he shall forfeit to the town five dollars. SEC. 13. If any person chosen or appointed to the office Penalty for refusof Overseers of Highways or Pound Master, shall refuse to ing to serve serve, he shall forfeit to the town five dollars

ing to serve

SEC. 14. If any town officer who is required by law to. Penalty for acttake the oath of office, shall enter upon the duties of his office ing before oath is before he shall have taken such oath, he shall forfeit to such filed town the sum of fifty dollars.

SEC. 15. Town officers, except Justices of the Peace and Constables, shall hold their office for one year, and until others

Tenure of officers

Vacancies in

town offices and the manner of

filing them

Vacancies-how supplied

In case of town

failing or refusing

Tected

are chosen or appointed in their places and are qualified. The Justices of the Peace and Constables, shall hold their offices for two years, or until others are chosen and qualified.

ARTICLE VII.

SECTION 1. Whenever any town shall fail to elect the proper number of town officers to which such town may be entitled by law, or when any person elected to a town office shall fail to qualify as such, or whenever any vacancy shall happen in any town offices, from death, resignation, removal from the town, or other cause, it shall be lawful for the Justice of the Peace of the town, together with the Supervisor and Town Clerk, to fill the vacancy or vacancies occasioned or occurring in consequence of any or either of the causes above specified, by appointment, by warrant under their hands and seals, and the persons so appointed shall hold their offices until others are chosen or appointed in their places, and shall have the same powers, and be subject to the same duties and penalties, as if they had been duly chosen by the electors.

SEC. 2. Whenever a vacancy shall occur from any cause, in any or either of the offices enumerated in the foregoing section, composing the board of appointment for the appointing of town officers, in case of vacancy, it shall be lawful for the remaining officers of such appointing board, to fill any vacancy or vacancies thus occurring.

SEC. 3. In case any town in any county shall refuse or neglect to organize and elect town officers at the time fixed to organize, how by law for the time of holding annual town meetings, it shall ❤rganization to be be lawful for twelve freeholders of the town to call a town meeting for the purpose aforesaid, by posting up notices in six public places in such town, giving at least ten days notice of such meeting, which notice shall set forth the time place and object of such meeting. And the electors when assembled by virtue of such notice, shall have and possess all the powers conferred upon them at the annual town meeting. In case no such notice shall be given, as aforesaid, within thirty days after the time for holding the annual town meeting, the Board of Supervisors of the county shall, on the affidavit of any freeholder of said town, filed in the office of the Clerk of the Board, setting forth the facts, proceed, at any regular or special meeting of the board, and ap point the necessary town officers of such town, and the persons so appointed shall hold their respective offices until others are chosen or appointed in their places, and shall have the same powers and be subject to the same duties and penalties as if they had been duly chosen by the electors of the town.

SEC. 4. The Justices of the Peace of a town may, for sufficient cause shown to them, accept the resignation of any

town officer in their town, and whenever they shall accept Justices of the any such resignation, they shall forthwith give such notice peace to accept thereof to the Town Clerk of the town.

ARTICLE VIII.

resignations and noufy town clerk

ceive and pay over

SECTION 1. The chairman of the Board of Supervisors of each town shall receive and pay over all moneys raised therein for defraying town charges, except those [raised] for the Chairman board of support of highways and bridges. Said Supervisor shall supervisors to regive bond, with one or more sureties, conditioned for the moneys-supervi faithful discharge of his duties in relation to the town reve- sors to execute nue, such bond to be approved by the Town Clerk, and to be bonds-in case of filed in his office, with such approval endorsed thereon. When- to institute suit ever the Town Clerk shall ascertain that such bond has been forfeited, he shall institute suit in the name and for the use of the inhabitants of the town, against such Supervisor.

forfeit town clerk

To sue for penal

SEC. 2. The said chairman shall prosecute in the name of his town or otherwise, as may be necessary, for all penalties ties &c for fifty dollars and under, given by law to such town, or for its use, and for which no other officer is specially directed to prosecute; and no person shall be disqualified from being a witness or juror in such suit by reason of his being an inhabitant of said town.

SEC. 3. He shall keep a just and true account of the re- Receipts and exceipts and expenditures of all moneys which shall come into penditures his hands by virtue of his office, in a book to be provided for that purpose, at the expense of the town, and said books to be delivered to his successors in office.

Chairman when

SEC. 4. On Tuesday preceding the annual town meeting, he shall account with the Justices of the Peace, and Town Clerk of the Town, or a majority of them, for the disburse- to settle ment of all moneys received by him in his official capacity.

SEC. 5. At every such accounting, the Justices and Town Clerk, or a majority of them, shall enter a certificate in the certificate of state Supervisor's office book of accounts, showing the state of of accounts his accounts at the date of the certificate.

SEC. 6. The chairman of the Supervisors of each town Chairman to atshall attend the annual meeting of the board of Supervisors tend meetings of the county, and at every adjourned or special meeting of

said board of which he shall have notice.

SEC. 7. He shall receive all accounts which may be pre- Accounts against sented to him against the town, and shall lay them before the town the board of town auditors at or before their annual meeting.

SEC. 8. He shall lay before the board of Supervisors such concerning copies of entries concerning moneys to be raised in his town, money as shall be delivered to him by the Town Clerk.

SEC. 9. If any Supervisor shall refuse or shall wilfully neg

lect to perform any of the duties of the office contained in Penalty for neg the preceding Section, he shall forfeit to the town the sum of lect fifty dollars, and be disqualified to act as the Supervisor of said town.

Town clerk to file papers

ARTICLE IX.

SECTION 1. The Town Clerk of each town in this State shall have the custody of all records, books and papers of the town, and he shall duly file all certificates of oaths and other papers required by law to be filed in his office.

SEC. 2. He shall transcribe in the books of record of his town, the Minutes of the proceedings of every town meeting held therein, and he shall enter in his book every order of direction and all rules and regulations of any such town ceedings of town meeting.

Town clerk to transcribe pro

meetings

SEC. 3. He shall deliver to the Chairman of the Board of Certified coples of Supervisors, before the annual meeting of the Board of Suall entries of votes pervisors of the county, in each year, certified copies of all for raling money entries of votes for raising money made since the last meeting of the Board of Supervisors, and recorded in the town book.

To return names of justices and constables

sion

SEC. 4. The Town Clerk immediately after the election or appointment of any Justice of the Peace, or the qualifying of any Constables [elected] or appointed in their respective towns, shall return to the Clerk of the District Court of their respective counties the names of such Justices and constables.

SEC. 5. If any Town Clerk shall wilfully neglect to make such return, such omission is hereby declared a misdePenalty for omis- meanor, and on conviction thereof, the person so offending shall be adjudged to pay a fine not exceeding ten dollars. SEC. 6. Copies of all articles duly filed in the office of Copies of records Town Clerk, and transcripts from the book of records, certicertified by town fied by him, shall be evidence in all Courts in like manner as if the originals were produced.

clerk

How constituted

When to meetduties of

Subject to inspec

ARTICLE X.

BOARD OF AUDITORS.

SEC. 1. In each town, the Town Clerk and Justices of the town shall constitute a Board of Auditors, to examine the accounts of the Overseers of the Poor and the Supervisors of such town, for moneys received and disbursed by them.

SEC. 2. The Board of Auditors of town accounts, shall meet at the Town Clerk's office for the purpose of examining and auditing the town accounts, semi-annually, in their respective towns, on the Tuesday next preceding the annual meeting of the Board of Supervisors, and on the Tuesday next preceding the annual town meeting in April, and such other times as the interest of the town may require.

SEC. 3. The accounts so audited, [shall] be delivered, with the certificate of the Auditors, or a majority of them, tion-to be proue to the Town Clerk, to be by him kept on file for the inspection of any of the inhabitants of the town; they shall also be produced by the Town Clerk at the next annual meeting, and shall be there read by him.

ed whea

SEC. 4. The Board of Auditors, composed of the same offi

cers then in office, shall at the same time and place as in sec To audit compention two, examine and audit all charges and claims against sation of town their respective towns, and the compensation of all the town supervisor s officers, except Supervisors, for county services.

officers, except

SEC. 5. The said Board shall make a certificate to be sign- How pald ed by a majority of said Board, specifying the nature of the claim or demand, and to whom the demand is allowed, and shall cause said certificate to be delivered to the Town Clerk of said town, to be by him kept on file for the inspection of any of the inhabitants of said town, and the aggregate amount shall be delivered to the Supervisor, to be by him laid before the Board of Supervisors at their annual meeting. The Board of Supervisors shall cause the amount of said charges to be levied upon the property of said town, and collected as other taxes are levied and collected. The claims and compensation audited and allowed, shall be read to the electors at the next annual meeting, as directed in section three.

ARTICLE XI.

COMPENSATION.

SEC. 1. The following town officers shall be entitled to Town officers to compensation at the following rates, for each day necessa

rily devoted by them to the service of the town in the duties of their respective offices:

receive

in certain casesper diem-eleators may increase

SEC. 2. The Town Clerk, Assessor, Overseer of the Poor, and Supervisors, shall receive for their services, one dollar Fees of town clerk and fifty cents per day, when attending to business out of town, and one dollar for business in their town: Provided, That the Town Clerk shall be paid fees for the following, and compensation not a per diem: For serving notices of election upon town officers as required by law, twenty-five cents each; for filing any paper required by law to be filed in his office, ten cents each; for posting up notices required by law, twenty-five cents each; for recording any order, any instrument of wri-ting authorized by law, six cents for each one hundred words; for copying any record in his office and certifying the same, six cents for every one hundred words, to be paid by the person applying for the same: Provided, further, That at any town meeting before the electors commenced balloting for officers, they may by resolution, increase the compensation of officers.

SEC. 3. The Pound Master shall be allowed the following Pound master's fees, to wit: for taking into the pound and discharging there-fees from, every horse, ass or mule, and all neat cattle, ten cents each; for every sheep or lamb, three cents each; and for every hog, large or small, five [cents, and twenty cents for keeping each head twenty-four hours in pound.

ARTICLE XII.

SUITS BETWEEN TOWNS.

SEC. 1. Whenever any controversy or cause of action