at such meeting, and be subject to like penalties for not discharging them as town-clerks are for neglect of the like duties.

When other duties than those mentioned in the preceding section are required to be performed by the town-clerk, and there is a vacancy in such office, or such clerk is prevented from performing such duties, the selectmen may, in writing under their hands, appoint a clerk for the performance thereof, who shall be sworn, and shall immediately after entering upon the duties of his office make a record of such election or appointment. Pub. Sts., c. 27, §§ 97, 98. See page 77; also Treas

Collector of Taxes.

urer.

School Committee.

58.

page

See page 35.

If a person elected a member of the school committee, after being duly notified of his election in the manner in which town officers are required to be notified, refuses or neglects to accept said office, or if a member of the committee declines further service, or, from change of residence or otherwise, becomes unable to attend to the duties of the committee, the remaining members shall, in writing, give no

tice of the fact to the selectmen of the town, or to the mayor and aldermen of the city, and the two boards shall thereupon, after giving public notice of at least one week, proceed to fill such vacancy; and a majority of the ballots of persons entitled to vote shall be necessary to an election. Pub. Sts., c. 44, § 22.

If all the persons elected members of the school committee, after such notice of their election, refuse or neglect to accept the office, or having accepted, afterwards decline further service, or become unable to attend to the duties of the committee, the selectmen or the mayor and aldermen shall, after giving like public notice, elect by ballot a new committee, and the votes of entire board of selectmen, or of the mayor and aldermen, shall be necessary to an election. Pub. Sts., c. 44, § 23.

a majority of the

The term of service of every member elected in pursuance of the provisions of the two preceding sections shall end with the municipal or official year in which he is chosen; and if the vacancy which he was elected to fill was for a longer period, it shall, at the first annual election after the occurrence of the vacancy, be filled in the manner prescribed for original elections of the school committee. Pub. Sts., c. 44, § 24.

Selectmen. -If a town at its annual meeting fails to elect a full board of selectmen, or if any of the persons chosen refuse to act or omit to be qualified according to law, the selectmen

or selectman chosen and qualified may sign warrants for town meetings until a full board is elected. Pub. Sts., c. 27, § 83.

Treasurer. When the office of treasurer or collector of taxes is vacant, or when the treasurer or collector is prevented from performing the duties of his office, the selectmen may, by writing under their hands, appoint a treasurer or collector pro tempore, who shall be sworn and give bonds in like manner as treasurers and collectors chosen by towns, and shall hold his office until another is chosen. Pub. Sts., c. 27, § 90.

If a treasurer fails for ten days after his election to give bond as required by law, the selectmen may declare his office vacant. Pub. Sts. c. 27, § 92.

Trustees of Public Library. If any person elected a member of the board of trustees, after being duly notified of his election in the manner in which town officers are required to be notified, refuses or neglects to accept said office, or if any member declines further service, or from change of residence or otherwise, becomes unable to attend to the duties of the board, the remaining members shall, in writing, give notice of the fact to the selectmen of the town, and the two boards may thereupon, after giving public notice of at least one week, proceed to fill such vacancy until the next annual town meeting; and a majority of the ballots of persons entitled to vote shall be necessary to an election. St. 1888, c. 304, § 3.

CHAPTER VIII.

VOTING BY BALLOT.

THE moderator of a town meeting shall receive the votes of all persons whose names are borne on the list of voters as certified by the registrars of voters, and the votes of such persons as shall present to him proper certificates from the registrars of voters of their right to vote; and shall not be answerable for refusing the votes of all other persons. St. 1890, c. 423, §§ 90, 223.

No vote shall be received by the presiding officer unless presented by the voter in person, either in a sealed envelope, or open and unfolded, and so that such officer can know that only one ballot is presented; and no person shall vote at an election whose name is not on the list of voters as certified, unless he presents to the presiding officer a certificate from the registrars of voters of his right to vote, nor until the presiding officer finds and checks his name thereon, or takes up his certificate; provided, that in the election of town officers, whose election is not required by statute to be by ballot,

the check-list shall be used or not as the town at its meeting shall determine; except that the check-list shall be used in the election of moderators of town meetings held for the choice of town officers. St. 1890, c. 423, § 91.

No vote shall be counted which does not clearly indicate in writing the office for which the person voted for is designed, except when but one officer is voted for.

The provisions of statute that the polls shall not be open after sunset, and that the polls shall be open a certain length of time, do not apply to the election of town officers, and such officers may be elected after sunset. There is no provision of statute providing whether one or more officers, except moderator and clerk pro tem., shall be voted for at the same time. These matters are left with the voters to regulate and order as they see fit. To a certain extent it is left with the voters to determine what officers and how many shall be chosen, and what shall be their duties. Before any ballot should proceed for the election of officers whose number is not fixed by statute, it is necessary to determine by vote the number to be chosen. These preliminary questions must necessarily be decided by those voters who are present when the meeting is organized and ready to proceed with the business. Those voters who subsequently arrive must conform to every lawful vote thus taken