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lects to pay over the moneys collected by him in any year, and to settle his accounts as required by this section, he shall be ineligible to re-election to the office of collector for the year ensuing.

SEC. 120. Selectmen, town treasurers, town clerks, overseers of the poor, and all persons authorized to receive or disburse moneys belonging to a town, shall settle their accounts with the auditors of such town on or before the first Tuesday of March, annually. And if any such officer refuses or neglects to make such settlement in any year, he shall be ineligible to re-election to the same office for the year ensuing.

R. L., Sec. 2734.
Selectmen and

other officers in

eligible for re

election, when.

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Election of all

list of voters.

SEC. 121. In annual meetings in towns of thirty-five R. L., Sec. 2662. hundred inhabitants which have, at a meeting called for officers by ballot that purpose, voted to so proceed, the moderator shall if on demand, when; demanded in writing by twenty voters present be elected by ballot, and upon similar demand a ballot shall be had for the remaining town officers, and they shall be voted for on one ticket. A list of the names of persons voting shall be kept by the town clerk or by one of the board of civil authority designated by him.

Election by ballot

on demand, when;

SEC. 122. In other towns having in like manner voted R. L., Sec. 2663. to so proceed, on similar demand of twenty voters, the of certain officers moderator, town clerk, first constable and selectmen shall list of voters. be elected by ballot, and, except moderator, upon one ticket, and a similar list of persons voting shall be kept;

R. L., Sec. 2664.
Proceedings upon

votes; plurality
elects. Tie.

and other officers shall be chosen as the annual meeting directs.

SCE. 123. When a ballot is had as provided in sections ballot, counting two thousand five hundred and fifteen and two thousand five hundred and sixteen, [§ § 121, 122], the polls shall be kept open a reasonable time, and fifteen minutes' notice of their close shall be given. The votes shall be counted by the members of the board of civil authority present, and the person having the greatest number for any office shall be declared elected to that office; and if two persons receive such greatest number, further ballotings, if demanded as by law provided, shall be had until an election is made; otherwise an election may be made as the meeting directs.

R. L., Sec. 2665.
List of voters to

as to vote.

SEC. 124. The list of the names of persons voting when be filed; evidence kept at a town meeting, shall be filed in the town clerk's office; and such list or a certified copy shall be evidence in courts that the persons whose names appear thereon voted as indicated.

R. L., Sec. 2666.
Three voters may

when.

SEC. 125. In towns which do not proceed as provided require ballot, in the four preceding sections, the moderator, town clerk, selectmen, treasurer, overseer of the poor, constable, superintendent of schools, grand jurors and listers shall be elected by ballot, when required by three voters present. SEC. 126. Any town meeting may, agreeably to the filled by election. provisions of the preceding sections, fill vacancies in town. offices.

R. L., Sec. 2667.

Vacancies may be

boxes.

R. L., Sec. 2656. SEC. 127. On petition in writing by twenty or more Check-list; additional ballot Voters in a town where the number of inhabitants does not exceed four thousand, or, if the number exceeds four thousand, without petition, the selectmen shall make a check-list of voters in town meeting. And such check-list shall be made and used in town meetings in the manner provided for check-list of voters in freemen's meetings, and additional ballot boxes may be used as in freemen's meetings.

R. L., Sec. 2657.
Ballot boxes in

population.

SEC. 128. In towns as specified in section one of this towns of certain act [§ 103*], the board of civil authority may direct the opening of not exceeding ten sets of ballot boxes at different places in the room where an election is held, and may divide the check-list into the same number of parts; and no person shall vote except at the place provided for that portion of the list which contains his name.

*§ 103 of this compilation at the time of the enactment of § 128 read "seven thousand" in the second line.

Moderator's

tions.

Moderator to pre

SEC. 129. The moderator shall be the presiding officer R. L., Sec. 2676, of town meetings, shall decide questions of order and make duties at elecpublic declaration of votes passed; and when a vote declared by him is immediately questioned by seven voters present, shall poll the voters or divide the meeting, unless the town has provided some other procedure in such cases. SEC. 130. He shall preserve order in the conduct of B. L., Sec. 2677. business and in debate; and if a person after notice is per serve order. sistently disorderly and refuses to withdraw from the meeting, he may cause him to be removed, calling upon the constable or other person for that purpose, and confine him until the meeting is adjourned; and a person so refusing to withdraw when ordered to do so, shall forfeit not more than twenty dollars to the town.

Town clerks to

SEC. 131. Town clerks shall record the votes, resolu- R. L., Sec. 2678. tions and by-laws, passed at town meetings, and the names record names of of persons elected to town offices.

persons elected.

Persons present

deemed to accept;

SEC. 132. A person present at the meeting electing B. L., Sec. 2670. him to a town office shall be treated as accepting unless he when elected, declines and is excused by the meeting. If not present he others to be notishall be served with a written notice, signed by the clerk fied. and served by the constable. The constable shall make return of such service to the town clerk within ten days, or be fined not more than five dollars to the use of the town.

Persons elected to serve unless, Penalty for re

fusal.

SEC. 133. A person elected or appointed to a town B. L., Sec. 2671. office shall serve unless he has good reasons for not serving, or others are unjustly exempted from service. If he refuses to serve or be sworn on demand of the town clerk or a selectman, without such excuse, he shall forfeit to the town not more than ten dollars.

COUNTY COMMISSIONER.

County Commis

SEC. 134. A county commissioner shall be chosen R. L., Sec. 3787. annually on the first Tuesday of March by the voters of sioner. the several towns in each county. Notice of the election Warning. shall be given by the selectmen of the respective towns, as is provided for town meetings; and a certificate of votes Certificate of for such commissioner shall be forwarded by town clerks to the clerk of the county in which such towns are situated on or before the second Tuesday in the next April.

votes.

Hour for opening

box.

SEC. 135. The box for receiving votes for commissioner B. L., Sec. 3788. shall be opened not later than twelve o'clock, noon, and re- and closing ballot main open until three o'clock in the afternoon. The mayor and board of aldermen of cities shall cause a box to be

placed to receive votes for commissioner in each ward of a city, at the annual election in March, at the usual polling places in the wards of such city; and the inspectors of elecCanvass and re- tions in such wards shall canvass the votes for commissioner and make return of the same to the city clerk immediately after the election is held.

turn of votes.

R. L., Sec. 3789.
County clerk to

canvass votes
and issue certifi-
cate.

SEC. 136. The county clerk shall on the second Tuesday in April canvass the votes so returned and declare the person having the greatest number of votes elected commissioner, and shall issue to such person a certificate of his clection and make proclamation of such election in one or more newspapers.

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141. Attempt to influence vote by
bribery, threats, or other-
wise.
142. Giving intoxicating drinks to
voter.

148.

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150.

143. Voting in more than one town. 144. False answer to presiding

Personation of another in
voting; offering vote under
fictitious name.

officer, or board, on right to 151. Betting on election.
vote.

Elections free
Penalty for

bribery.

SEC. 137. All elections, whether by the people or the Const., Sec. 34th. Legislature, shall be free and voluntary: and any elector and voluntary, who shall receive any gift or reward for his vote, in meat, drink, moneys or otherwise, shall forfeit his right to elect at that time, and suffer such other penalty as the law shall direct; and any person who shall directly or indirectly, give, promise, or bestow, any such rewards to be elected, shall thereby be rendered incapable to serve for the ensuing year, and be subject to such further punishment as a future Legislature shall direct.

Person voting,

unqualified.

is

Voter casting

one

SEC 138. A person who, knowing that he is not a qual- B. L., Sec. 4290. ified voter, gives in a vote at a town, village, school district knowing he or freemen's meeting for an officer to be elected at such meeting, shall be fined not more than one hundred dollars. SEC. 139. A legal voter who knowingly gives in at an R. L., Sec. 4291. election more than one ballot at any one time of balloting more than for the same office shall be fined not more than one hundred dollars, if the offense is committed in freemen's meeting, and not more than ten dollars if the offense is committed in town meeting, in which last case the offenders shall be prosecuted by the town agent and the penalty shall go to the town.

ballot.

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