People v. Hurlbut, 24 Mich. 44 People's Mutual Ins. Co. v. Westcott, 14 Gray, 440 Perley v. Georgetown, 7 Gray, 464 THE TOWN MEETING. CHAPTER I. TOWNS. TOWNS are political organizations, created for political purposes, and as mere instrumentalities by which the legislature administers certain laws within particular limits. They have no authority to enlarge their powers, or to determine who shall comprise their members, and have no duties to perform but those imposed by law. Each town and each city is a corporation. Pub. Sts., c. 27, § 1. Yet the inhabitants do not, like the members of a private corporation, derive private or personal rights under the act of incorporation, the sole office and object of which is to regulate the manner of performing public and political duties. While exercising corporate powers to the extent indicated, they yet differ distinctively and widely from private and moneyed corporations, in organization, government, and mode of action. In common parlance, towns, cities, and other municipal organizations are not known as corporations; they are spoken of not uncommonly by text writers in the law as quasi corporations. The affairs of towns are administered by the qualified voters, or by their officers and agents elected by them at meetings convened on due notice at a proper time and place. Coolidge v. Brookline, 114 Mass. 596; Linehan v. Cambridge, 109 Mass. 212. TOWN MEETINGS. Town meetings are in a sense legislative assemblies, and are held at a time and for the transaction of business not definitely prescribed by law. Meetings for the election of national, state, district, and county officers are not, strictly speaking, town meetings. Commonwealth v. Smith, 132 Mass. 289. Special meetings may All meetings are held The annual town meeting must be held in February, March, or April. be held at other times. in pursuance of a warrant, issued by such person or persons as have authority so to do, and served in the manner provided by vote or by-law of the town, by a constable, or by some other person appointed for that purpose. St. 1890, c. 423, §§ 209-213. In the absence of a by-law or vote of the town regulating the length of notice for town meetings, seven days' notice is a reasonable time, and is sufficient to render valid a meeting held after such notice. Rand v. Wilder et al., 11 Cush. 294. The warrant may be issued by the selectmen or by a majority of them; but a warrant signed by a minority of the selectmen "by order of the board" is insufficient, and a meeting held in pursuance of such a warrant will be illegal. Reynolds v. New Salem, 6 Met. 340; Phelon v. Granville, 140 Mass. 386. If for any reason there is but one selectman, that one may issue a warrant. If the selectmen unreasonably refuse to call a meeting, a justice of the peace, upon the application of ten or more legal voters, may call such meeting by a warrant under his hand directed to the constables of the town, if any, otherwise to any of the persons applying therefor. St. 1890, c. 423, § 212. Words purporting to give a joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or persons. Pub. Sts., c. 3, § 1, cl. 5. - The warrant must express the time-the day and hour, and the place the hall or other building of the meeting, and the subjects to be acted upon; the selectmen shall insert therein all subjects, which may, in writing, be requested of them by any ten or more voters of the town, and nothing acted upon shall have a legal operation, |