notice of his being chosen, and before he enters on the duties of his office. From 1 R. S., §§ 34, 37, 39, 41, 43, 47, 48. ecution of constable's ing. § 1003. The constable's undertaking shall be Proof of exexecuted by the several obligors in the presence undertak of the officer to whom it is presented for approval; and a copy, certified by the town clerk, is presumptive evidence of its execution by them. Ib., § 44. § 1004. The collector's bond shall, within the time required for its execution, be delivered to the supervisor, who shall, within six days thereafter, file such bond, with his approbation indorsed thereon, in the office of the county clerk, who shall make an entry thereof, in a book to be provided for the purpose, in the same manner in which judgments are entered of record; and every such bond shall be a lien on all the real property held jointly or severally by the collector or his sureties within the county, at the time of the filing, and shall continue to be such lien till its condition, together with all costs and charges which may accrue by the prosecution thereof, are fully satisfied. Ib., § 42. § 1005. The neglect to take and file the oath, or give the notice, bond or undertaking required from any person by the provisions of this article, within the specified time, shall be deemed a refusal to serve. Filing and effect of the collector's bond. What negrefusal to lect is deemed a serve. Penalties for refusal to serve. Penalties for refusal to serve. Quakers excused from serving as assessors. No fee for taking oath of office, &c. 1 R. S., 654, §§ 38, 40, 46. By making this provision general, it becomes applicable to the offices of commissioners of highways and overseers of the poor. § 1006. If any person elected or appointed supervisor, town clerk, assessor, commissioner of highways, or overseer of the poor, refuses to serve, he is liable to the town in a penalty of fifty dollars. 1 R. S., 654, § 48. § 1007. If any person elected or appointed to the office of overseer of highways, pound-master or town sealer, refuses to serve, he is liable to the town in the penalty of ten dollars. Ib., § 49. § 1008. No Quaker or reputed Quaker shall be liable to a penalty for refusing to serve as assessor, if he makes affirmation before a justice of the peace, within three days after notice of his being chosen, that he has conscientious scruples about executing the duties of the office; and within eight days after making it files it with the town clerk. Ib., §§ 50, 51. § 1009. The officer before whom any oath or affirmation is by this article required to be taken, shall take and certify the same, specifying the date thereof, and without any Ib., §§ 35, 36, 51. fee. serving without taken oath. § 1010. If any town officer, required by law to Penalty for take the oath of office, enters upon the duties of having his office before having taken it, he is liable to the town in the penalty of fifty dollars. 1 R. S., 654, § 52. office. § 1011. Town officers (excepting justices of the Terms of peace, commissioners of highways, where there are more than one, and assessors) shall hold their offices for one year, and until their successors are chosen and have qualified. Assessors each hold office three years. Justices of the peace four years. Ib., § 53; Ib., 321, § 68. cers paid by the day. § 1012. The following officers are entitled to Certain offcompensation at the rate of one dollar and fifty cents a day for each day actually and necessarily devoted by them to the service of the town in the duties of their offices: The supervisor, except when attending the board of supervisors, town clerks, commissioners of highways, assessors, inspectors of elections, clerks of the polls and overseers of the poor. No town officer shall be allowed any per diem compensation for his services unless expressly provided by law. Laws of 1857, ch. 615; 1 R. S., 663, § 50. § 1013. When a town has but one commissioner Commis of highways he is entitled to two dollars a day. Laws of 1857, ch. 615. sioner of highways. Pound-mas ters' fees. § 1014. The pound-masters shall be allowed the following fees for their services: For taking into the pound and discharging therefrom every horse, ass or mule, and all neat cattle, twelve and a half cents each; for every sheep or lamb, three cents; and for every hog, six cents. 1 R. S., 664, § 55. ARTICLE II. VACANCIES. Resigna. tions. Vacancy in office of supervisor or overseer of poor. Vacancies in other of Яices. SECTION 1015. Resignations. 1016. Vacancy in office of supervisor and overseer of the poor. 1017. Vacancies in other offices. § 1015. Any three justices of the peace may, for sufficient cause shown to them, accept the resignation of any officer of their town. In such case they shall forthwith give notice thereof to the town clerk. 1 R. S., 657, § 56. § 1016. Whenever the office of supervisor or of overseer of the poor becomes vacant, the town clerk, shall, within eight days after the happening of such vacancy, call a special town meeting to supply it, unless the next annual meeting will occur within sixty days. Modified from Ib., § 57. § 1017. Vacancies in other offices shall be filled as follows, by warrant in writing filed in the office of the town clerk, who shall give notice to the person appointed: peace 1. A vacancy in the office of justice of the shall be filled by the supervisor, town clerk and remaining justices of the peace, or by a majority of them. Before the person appointed enters upon office, a certified copy of the warrant of his appointment must be filed in the office of the county clerk ;' 2. Vacancies. in the offices of commissioner of highways and of assessors shall be filled until the next annual meeting by any three justices of the peace, or any two justices and the supervisor;" 3. A vacancy in the office of overseer of highways shall be filled by the commissioners of highways of the town;' 4. Vacancies in the office of collector shall be filled in the mode prescribed in the "Fiscal Laws ;" 5. In case of a failure at any annual town meeting to elect any town officer, and in case of a failure to fill, pursuant to section 1016, any vacancy in an office mentioned in that section, within fifteen days after such vacancy happens, and in case of all other vacancies in town offices except those in this section provided for, such vacancy shall be filled by any three justices of the peace; and if there are less than three justices residing in the town, one or two justices from any adjoining town may be associated with the justice or justices of such town to make up the number.* 'From Laws of 1859, 1092. 1 R. S., 1032, §§ 14, 15. 1 R. S., 657, §§ 54, 58, 59, 60. |