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R. S. 14, $ 105. reason of infirmity of body or mind is incapable of rightly discharging 1859, 196.

in person the duties of his office, the county commissioners, or in the county of Suffolk the superior court, shall upon reasonable notice remove him from office, and may order the books, papers, and other things belonging to the office, to be delivered to their clerk, or to a new register

when appointed or elected. Register must SECT. 89. Every register of deeds shall reside in the city or town reside where of- where the office of his registry is required to be, and shall there keep RS. 14, 5103. all books, records, deeds, and papers, belonging to his office, and shall 1855, 79.

have such office open to the public every day except Sundays and pub

lic holidays. Deeds, where Sect. 90. Instruments required to be recorded in the registry of to be recorded.' deeds, shall be recorded in the registry of the county or district where R. S. 59, § 22. the estate lies, and in all things relating to the register or registry of 1837, 186, $$ 1, 4. 1856, 254. deeds, each district therefor shall be deemed to be a county. Special provis- SECT. 91. In the county of Barnstable, all records, deeds, and other ion respecting

instruments, made in pursuance of chapter one hundred and eight of R. S. 14, 115. the statutes of the year one thousand eight hundred and twenty-seven,

and chapter forty of the statutes of the year one thousand eight hundred and twenty-eight, shall have the same effect as the original records of such deeds and instruments in the registry of said county would

have had. Register to SECT. 92. Every register of deeds shall keep a book, each page of keep book for noting receipt

which shall be divided into six columns, with titles or heads, in the fol

lowing form: R. S. 59, $ 23.

Barnstable.

of deeds.

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Deeds to be Secr. 93. He shall enter in said book all deeds and instruments left noted therein

for record, and all copies left as cautions, in the order in which they are when received. R. S. 59, 9 24. received; noting in the first column the day, hour, and minute, of recep

tion, and the other particulars in the appropriate columns; and every instrument shall be considered as recorded at the time so noted.

Sect. 94. Every register shall record in a fair and legible handcording instruments, &c.

writing or in print, and in continuous successive lines, upon the pages 1814, 101.

of the record book, all instruments he is required to record; and shall note on the record, before attesting the same, all erasures and interlinea

tions made therein. Certificate to be

SECT. 95. He shall certify upon every instrument recorded by him, made on deed

the time when it was received, the number of the book, and the page when recorded. R. S. 59, $ 25. where it is recorded. Form of index. SECT. 96. He shall keep two sets of indexes, each divided into five 1845, 205, $ 1.

columns, with titles or heads in one set as follows:

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Entries to be made within twenty-four hours, &c.

SECT. 97. He shall, within twenty-four hours after a deed or other instrument which he is by law required to record is left for record, cause the name of each and every grantor, grantee, or other party, thereto, to

dexed.
1856, 292, § 1.

be entered at length and alphabetically in its appropriate index, and 1845, 205, $ 2. shall also, within a reasonable time after the same is recorded, affix to such entry the number of the book and leaf or page where it is recorded.

Sect. 98. When the real estate of another person is sold or con- Provisions reveyed by a sheriff, coroner, constable, collector, or by any other authority specting entry given by law, except in the cases mentioned in the following section, grantor of esthe person who owned the estate and from whom it passes shall, for the by sheriffs, &c. purposes of the two preceding sections, be considered as the grantor, if 1645, 205, $ 3. his name appears in the instrument; and if it does not so appear, the grantor shall be entered as unknown, under the letter U.

Sect. 99. When a deed or other conveyance by executors, adminis- Deeds of executrators, guardians, or persons acting under authority of an order of tors; ko.and court, or of a resolve of the legislature, is left for record, the register land, how inshall enter in the entry books and indexes of the grantors, the names of the testators, intestates, wards, and persons, whose estates are conveyed, when the same appear by such deeds, and also the names of such executors, administrators, guardians, or other persons. When a decree for the partition of land, or commissioner's return thereon, is so left for record, the register shall enter in the entry books and indexes of the grantors and grantees the names of all the persons whose estates plainly appear to be affected thereby.

SECT. 100. Every register of deeds shall annually on or before the Registers to fifteenth day of October, return to the secretary of the commonwealth make to reale a statement of the whole number of deeds and other instruments re- tary, of number corded by him during the year ending the last day of the preceding recorded, &c. month, the amount of fees received by him for recording deeds and Penalty other instruments; the number of legal pages of records covered by the 1817, 282. registry of said deeds and instruments; and the expenses of his office 1862, 48. over and above what is paid by the county during the same time; and if a register omits or neglects to make such return, he shall forfeit fifty dollars.

Sect. 101. The particulars required by the preceding section shall be given in the following tabular form:

So. of derds recorded.

Form of such No. of other Amount of fees Amount received No. of legal Expenses of office received for

returns. for other instru

above what is paid 1836, 241, § 2. instruments.

pages cor-
deeds.
ments.

ered.

by county.

SECT. 102. The secretary shall annually prepare and lay before the Abstract to be legislature an abstract of the returns made to him under the two pre- islature. ceding sections.

1836, 241, $ 3. Sect. 103. There shall be made within the first six months of each Sec Ch. 4, 52, year, or within such further time during the year as the commissioners es to be made or aldermen think proper, at the expense of the several counties, by surnames ascompetent persons employed by the county commissioners, or in the sorted alphacounty of Suffolk by the aldermen of Boston, copies of the indexes to 1856, 292, 2. the instruments recorded in their respective counties during the pre- 1807, 277. ceding year, in which the grantors and grantees shall respectively be assorted into distinct lists by their respective surnames, arranged in such lists in the order in which the deeds and other conveyances to which they refer are left for record, and such lists shall be placed in alphabetical order. The commissioners and aldermen may cause the Christian names of the grantors and grantees, as well as their surnames, to be arranged in alphabetical order in such lists, when in their opinion references to the records will be facilitated thereby. Such copies shall in other respects be in the form required for the indexes to the records.

SECT. 104. When they deem it expedient they may cause copies of copies of the the indexes, or new indexes, to the records existing in the registries of indexes, may be made and print- deeds in their respective counties, or of any part thereof, to be made by 1856, 292, $$ 3, 4. some competent person at the charge of their respective counties, upon

such plan, and in such manner, as will in their judgment best facilitate references to the records; and may cause the copies of indexes, or new indexes, to be printed at the charge of their respective counties, for sale at a price not less than the cost of printing, paper, and binding.

. TITLE VII.

OF TOWNS AND CITIES.

CHAPTER 18. – Of the Powers of Towns, and the Election, Qualification, and

Duties, of Town Officers.
CHAPTER 19.-Of certain Powers and Duties of Cities.
CHAPTER 20.-Of the Census.
CHAPTER 21. -Of the Registry and Return of Births, Marriages, and Deaths.
CHAPTER 22. Of Workhouses and Almshouses.
CHAPTER 23. Of Watch and Ward.
CHAPTER 24. – Of Fires and Fire Departments.
CHAPTER 25.-Of Fences and Fence Viewers, Pounds, and Field Drivers.

CHAPTER 18.

OF THE POWERS OF TOWNS, AND THE ELECTION, QUALIFICATION, AND

DUTIES, OF TOWN OFFICERS.

POWERS AND DUTIES OF TOWNS.

MEETINGS. SECTION

SECTION 1. Towns, to be bodies corporate as hereto

19. Qualifications of voters in town affairs. fore.

20. Annual and other meetings may be ad2. Bounds of towns.

journed. 3. Perambulations and renewal of boundaries,

21. Warrants shall issue for all meetingsevery five years.

may inelude two or more meetings. 4. Notice of perambulation to adjoining towns.

22. Contents of the warrant, &c. Penalty for neglect to give notice.

23. If selectmen refuse, meeting may be called 6. Monuments to be erected, except, &c.

by a justice of the peace. 6. Perambulations of towns adjoining other

24. If major part of selectmen die, resign, &c., states.

the rest may call meetings. 7. Penalty for neglect of selectmen. 8. Towns may sue and be sued, &c.

MODERATORS. 9. may hold property, make contracts, &c. 25. At certain meetings, moderator to be cho 10. may grant money for certain purposes. 11. may make by-laws, and afix penalties. 26. During election of moderator, town clerk 12. Penalties, how recovered.

to preside, &c. 13. Towns may provide that a duty imposed in 27. Moderator's powers and duties.

a by-law may be done by an officer, &c. 28. No person shall speak without leave of 14. By-laws to be approved by superior court. the moderator, &c. to bind all persons in the town,

29. Penalty for disorderly conduct in meet16. to be published.

ings. 17. Towns to provide book-case, for books, &c., 30. on moderator or other presiding officer received from staté.

for reading, &c., ballots, before the poll is 18. Recognizances by towns, how entered into. closed.

sen,

15.

66.

ELECTION AND APPOINTMENT OF TOWN SECTION
OFFICERS.

57. Town treasurer may be collector of taxes. SECTION

58.

power and duty as collector. 31. Town officers to be chosen. Town clerk, 59. to render accounts annually compen&c. Officers to be sworn.

sation of. 32. Certain officers to be chosen by ballot. 33. If person elected constable does not accept,

CONSTABLES. new choice to be made.

60. Penalty for refusing to serve as constable, 34. Penalty for neglecting to choose selectmen, &c.

61. Constables who give bonds may serve civil 35. Meetings may be called by part of a board

processes in certain cases. of selectmen, in certain cases.

62. Time of filing bond to be noted. Remedies 38. County commissioners may appoint assess

to parties injured by breaches of the bond, ors in certain cases.

&c. 37. Officers to be appointed by selectmen.- 63. Constables may serve writs and processes Sealers of weights and measures, &c.

where their towns, &c., are parties. 88. Selectmen may appoint police officers.

may serve certain demands and notices. 39. Town clerks, to give notice to persons elect

65. may require aid - not to act as counsel, ed, that they be swom, &c.

&c. 40. Penalty for not taking the oath of office.

shall execute warrants of selectmen. 41. Town offices vacated by removal from town.

67. to complain of breaches of certain laws. 42. Selectmen to appoint a temporary treas- 68. may convey persons and property taken, urer and collector.

to the jail, &c., out of their town. 43. Vacancies in town offices may be filled by 69. may serve warrants, in certain cases, in a new choice.

any place in commonwealth. 4. Exemption from Liability to hold town of 70.

may serve process in unincorporated fices.

places, annexed. CLERK. $. Town clerk shall record all votes.

COLLECTORS OF TAXES. 46. administer oaths, and make record of 71. Constables to be oollectors of taxes when, their administration.

&c. 47. Town clerk pro tem., when chosen.

72. to give bond. 48. In case of death, &c., the selectmen may 73. Town may give collector certain powers of appoint a derk, &c.

treasurer in collecting taxes. SELECTMEN.

SURVEYORS OF HIGHWAYS. 49. Penalty for selectmen acting, if not under 74. Penalty for refusing to serve as surveyor oath.

of highways. 50. Selectmen to be assessors and overseers of 75. Penalty on surveyors for neglect of duty, the poor, in case, &c.

76. Surveyors shall be liable to towns for such

deficiencies, in case, &c. ASSESSORS OF TAXES.

DISTRICTS. 51. Assessors' oath. 6. Assistant-assessora, to be sworn.

77. Districts to have the powers of towns 3. Penalty on assessor neglecting to take given by this chapter. oath.

78. Provisions for the district of Marshpee. TREASURER.

ABUSE OF CORPORATE POWERS. 64. Town treasurer's duty. To give bond. 55. may sue on bonds, &c., to his predeces- 79. Towns, how restrained from illegal appro

fors— to prosecute for all forfeitures, ex- priations of money, &c.

sept, &c. 5. to prosecute for trespasses on public

FINES AND FORFEITURES. property.

80. Fines and forfeitures.

POWERS AND DUTIES OF TOWNS.

R. S. 15, $ 8. 13 Mass. 193.

SECTION 1. Towns shall continue to be bodies corporate with all the Towns to be powers heretofore exercised by them, and subject to all the duties to bodies corpowhich they have heretofore been subject.

SECT. 2. The boundary lines of towns shall remain as now established. Town lines.

Sect. 3. There shall be a perambulation of town lines, and they shall B.S. 16; fti be run and the marks renewed, once in every five years, by two or more of town lines. of the selectmen of each town, or such substitutes as they in writing

R. S. 15, $ 2. appoint for that purpose. After every such renewal the proceedings shall be recorded in the records of the respective towns.

Sect. 4. Previously to a perambulation, the selectmen of the most ancient of the contiguous towns shall give ten days' notice, in writing, idioining to the selectmen of the adjoining town, of the time and place of meet- penalty for ing for such perambulation; and selectmen who neglect to give such R. S. 15, $ 3. notice or to attend either personally or by their substitutes, shall sever- 1839, 136. ally forfeit twenty dollars, to be recovered on complaint to the use of

notice of to

R. S. 15, $ 4.

the commonwealth, or by action of tort to the use of the town whose

selectmen perform their duty. Monuments Sect. 5. The selectmen of the contiguous towns shall erect at the to be erected, joint and equal expense of such towns, permanent monuments to designate

their respective boundary lines at every angle thereof, except where such lines are bounded by the ocean or some permanent stream of water. The monuments shall be of stone, well set in and at least four feet high from the surface of the ground; and the initial letter of the respective names of such contiguous towns shall be plainly and legibly cut thereon; but it shall not be necessary to erect a new monument in a place where a permanent stone monument two feet in height above the surface of the

ground already exists. Perambulations Sect. 6. The selectmen of towns bordering on another state, where of towns adjoin the lines between the states are settled and established, shall once in R. S. 15, $ 6. every five years give notice to the selectmen or other proper municipal

officers of such towns in the other state as adjoin their towns, of their intention to perambulate the lines between their adjoining towns. Where such state lines are in dispute, the perambulations shall be made once in every five years after the lines are settled and established. If such notice and proposal are accepted by the officers to whom they are made, a perambulation shall be made in the same manner as between towns in this state. No boundary erected by authority of this state and an adjoining state, shall be removed by such selectmen or other

municipal officers. Penalty for neg

SECT. 7. A selectman who refuses or neglects to perform any duty ko s. 15,8$ 4, 5, required of him by the three preceding sections, shall forfeit twenty doi6, 7.

lars to the use of the commonwealth. Towns may gue

SECT. 8. Towns may in their corporate capacity sue and be sued by and be sued, &c. the name of the town, and may appoint all necessary agents and attor

neys in that behalf. may hold pro- SECT. 9. They may hold real estate for the public use of the inhabit-ants, and

may convey the same, either by a vote of the inhabitants or by a deed of their committee or agent; may hold personal estate for the

public use of the inhabitants, and alienate and dispose of the same by 2 Pick. 351, 352. vote or otherwise; may hold real and personal estate in trust for the

support of schools and for the promotion of education within the limits of the town; may make contracts necessary and convenient for the

exercise of their corporate powers; and may make orders for the dismay grant posal or use of their corporate property as they may judge necessary or R. S. 15, $$ 12,

expedient for the interest of the inhabitants. 16; 23, § 9; 24, Secr. 10. They may, at legal meetings, grant and vote such sums as $$ 70, 78; 25,998, they judge necessary for the following purposes:9; 16, § 1; 54, $ 3.

For the support of town schools; 1854, 429.

For the relief, support, maintenance, and employment, of the poor;

For laying out, discontinuing, making, altering, and repairing, highways and town ways, and for labor and materials to be used thereon;

For procuring the writing and publishing of their town histories;
For burial grounds;
For encouraging the destruction of noxious animals;

For all other necessary charges arising therein; † 4 Gray, 502.

may make by- Sect. 11. They may make such necessary orders and by-laws, not penalties.

repugnant to the laws of the state, for directing and managing the prudential affairs, preserving the peace and good order, and maintaining the internal police thereof, as they may judge most conducive to the welfare of the town; and may affix penalties for breaches of such orders and

by-laws not exceeding twenty dollars for one offence. Penalties, how Sect. 12. All penalties for breaches of the orders and by-laws of a

town
may

be recovered on complaint before a police court or a justice of the peace, and shall inure to the town, or to such uses as the town

R. S. 15, $ 10. 1 Met. 473.

perty, make contracts, &c. R. S. 15, $ 11. 3 Masy. 360. 12 Mass. 417.

money:

1838, 38.

13 Mass. 272. 6 Pick. 101. 12 Pick. 227. 19 Pick. 485. 21 Pick. 64. 23 Pick. 71. 3 Met. 163. 10 Met. 508. 3 Cush. 530. 10 Cush. 252.

laws, and affix

R. S. 15, 13.
1847, 166.
3 Pick. 462.
1 Met. 130.
1 Cush. 494.
2 Cush. 562.

recovered.
R. S. 15, $ 13.
See Ch. 122,

$11.

may direct.

*ll alla 108

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