in by-laws, how SECT. 13. When a town in a by-law imposes a duty and affixes a Duties imposed penalty for refusal or neglect to perform the same, they may therein pro- performed. vide that in case of such refusal or neglect the duty may be performed 1855, 287. by officers therein named, at the expense of the party liable to perform the same, and such expense may be recovered of him by the town in an action of contract in the name of the treasurer, but the amount recovered shall not exceed the penalty fixed in the by-law. perior court. SECT. 14. Before any by-law takes effect, it shall be approved by By-laws to be the superior court, or in vacation by a justice thereof, and shall with approved by susuch approval be entered and recorded in the office of the clerk of R. S. 15, § 13. the courts in the county where the town is situated, or in the county 1855, 222, §§ 1, 2. of Suffolk in the office of the clerk of the superior court for civil business. 1847, 166. 1857, 82. 1859, 196. to bind all persons in town. R. S. 15, § 14. 6 Pick. 187. 2 Cush. 576. to be published. R. S. 15, § 15. vide book-case, Towns to pro SECT. 15. Such by-laws shall be binding upon all persons coming within the limits of the town, as well as upon the inhabitants thereof. SECT. 16. All by-laws made by a town shall be published in one or more newspapers printed in the county where the town is situated. SECT. 17. Each town shall provide at its own expense some suitable cabinet or book-case for the safe preservation of such books, reports, and laws, as they receive from the commonwealth, and for every month's neglect shall forfeit ten dollars to the use of the commonwealth. SECT. 18. When a town is required to enter into a recognizance, the Recognizances selectmen may by an order or vote authorize any person to enter into by towns. K. S. 15, §§ 88, the recognizance in the name and behalf of the town, and it shall be 89. Act of amendment, § 4 binding like any other contract made by such town. No surety shall be required in such recognizance. &c. 1858, 106, §§ 1, 2 MEETINGS. of voters in arts. 3, 20, 23. 5 Met. 162, 298, SECT. 19. Every male citizen of twenty-one years of age and upwards, Qualifications (except paupers, persons under guardianship, and persons excluded by fairs. articles twenty and twenty-three of the amendments to the constitution,) Amend. const. who has resided within the state one year, and within the town in which R. S. 15, § 17. he claims a right to vote six months, next preceding a meeting for the 11 Pick. 538, transaction of town affairs, and who has paid by himself, or his parent, 591. master, or guardian, a state or county tax, which within two years next 7 Gray, 299. preceding such meeting has been assessed upon him in any town; and every citizen who is by law exempted from taxation, and in all other respects qualified as aforesaid, shall have a right to vote at such town meetings, upon all questions concerning town affairs; and no other person shall be entitled to vote at such meeting. Annual and may be ad SECT. 20. The annual meeting of each town shall be held in Feb- other meetings. ruary, March, or April; and other meetings at such times as the selectmen may order. Meetings may be adjourned from time to time, and R. S. 15, §§ 18, 25. to any place within the town. journed. 1837, 52. Warrants to meetings. 20. 13 Pick. 306. 6 Met. 340. SECT. 21. Every town meeting shall be held in pursuance of a war- issue for all rant under the hands of the selectmen, directed to the constables or some other persons appointed by the selectmen for that purpose, who two or more shall forthwith notify such meeting in the manner prescribed by the by- R. S. 18, §§ 19, laws or a vote of the town. The selectmen may by the same warrant 10 Mass. 105. call two or more distinct town meetings for distinct purposes. SECT. 22. The warrant shall express the time and place of the meet- 11 Cush. 294. ing, and the subjects to be there acted upon; the selectmen shall insert Contents of therein all subjects which may, in writing, be requested of them by any R. S. 15, §§ 21, ten or more voters of the town, and nothing acted upon shall have a legal operation, unless the subject matter thereof is contained in the warrant. 11 Cush. 298, SECT. 23. If the selectmen unreasonably refuse to call a meeting, any 3 Gray, 526. justice of the peace of the county, upon the application of ten or more legal voters of the town, may call such meeting by a warrant under his warrant, &c. 22. Cush. 496. 487. If selectmen refuse, meeting may be called by a justice of the peace. R. S. 15, § 23. If major part of hand directed to the constables of the town, if any, otherwise to any of the persons applying therefor, directing them to summon the inhabitants qualified to vote in town affairs to assemble at the time and place and for the purposes expressed in the warrant. SECT. 24. If by reason of death, resignation, or removal from town, a major part of the selectmen thereof originally chosen vacate their office, may call meet those who remain in office may call a town meeting. ings. R. S. 15, § 24. Moderators, how chosen. R. S. 15, § 26. during elec MODERATORS. SECT. 25. At every town meeting, except for the election of national, state, district, and county officers, a moderator shall first be chosen. SECT. 26. During the election of a moderator, the town clerk if to preside, &c. present shall preside; if he is absent or there is no town clerk, the selectmen shall preside; and the town clerk and selectmen respectively shall in such case have the powers and perform the duties of a mod tion, town clerk R. S. 15, § 27. 9 Mass. 262. powers and duties. 32. erator. SECT. 27. The moderator shall preside in the meeting, may in open R. S. 15, §§ 28, meeting administer the oaths of office to any town officer chosen thereat, shall regulate the business and proceedings of the meeting, decide all questions of order, and make public declaration of all votes passed. When a vote so declared by him is immediately upon such declaration questioned by seven or more of the voters present, he shall make the vote certain by polling the voters or dividing the meeting, unless the town has by a previous vote or their by-laws otherwise provided. no person to SECT. 28. No person shall speak in the meeting without leave of the speak without moderator, nor while another person is speaking by his permission; and all persons shall at his request be silent. leave of, &c. R. S. 15, § 29. Penalty for dis in meetings. R. S. 15, § 30. 16 Mass. 385. SECT. 29. If a person behaves in a disorderly manner, and after orderly conduct notice from the moderator persists therein, the moderator may order him to withdraw from the meeting; and, on his refusal, may order the constables or any other persons to take him from the meeting and confine him in some convenient place until the meeting is adjourned. The person so refusing to withdraw shall for such offence forfeit a sum not exceeding twenty dollars. on moderator, &c., for reading, &c., ballots, before poll is closed. B. S. 15, § 31. Town officers to be chosen. R. S. 15, § 33. R. S. 19, § 16. 1858, 164. Town clerk. Selectmen. Assessors. 6 Met. 498. Overseers of the poor. Treasurer. Surveyors of highways. Constables and collectors. Field drivers. Fence viewers. Surveyors of SECT. 30. A moderator or other presiding officer who at a town meeting, before the poll is closed and without the consent of the voter, reads, examines, or permits to be read or examined, the names written on such voter's ballot, with a view to ascertain the candidate voted for by him, shall forfeit a sum not exceeding fifty dollars. ELECTION AND APPOINTMENT OF TOWN OFFICERS. SECT. 31. At the annual meeting every town shall choose from the inhabitants thereof, the following town officers, who shall serve during the and until others are chosen and qualified in their stead: year, A town clerk, who if present shall be forthwith sworn, either by the moderator or a justice of the peace; Three, five, seven, or nine selectmen ; Three or more assessors, and, if the town deems it expedient, three or more assistant-assessors; Three or more overseers of the poor; A town treasurer; One or more surveyors of highways; Constables, who shall also be collectors of taxes unless other persons are specially chosen collectors; Field drivers; Two or more fence viewers; One or more surveyors of lumber; except that surveyors of lumber 1859, 224. shall not be so chosen in towns included in the district established by lumber. All other usual town officers. wood, &c. Other officers. All the town officers designated by name in this section shall be Officers to be sworn. sworn. ballot. SECT. 32. The election of town clerks, selectmen, assessors, treasurer, Certain officers constables, and the moderator of the meetings held for the choice of to be chosen by town officers, shall be by written ballots; and the election of all other R. S. 15, § 34. town officers in such mode as the meeting determines, except in cases 7 Gray, 131. otherwise provided by law. 1851, 94, § 3. ed constable SECT. 33. Every person chosen constable shall, if present, forthwith If person electdeclare his acceptance or refusal of the office. If he does not accept, does not accept. the town shall proceed to a new election until some one accepts the R. S. 15, § 67. office and takes the oath. men, &c. SECT. 34. A town which neglects to make choice of selectmen or Penalty for not assessors shall forfeit to the use of the commonwealth a sum not exceed- choosing selecting five hundred nor less than one hundred dollars, as the county com- R. S. 15, § 35. missioners shall order. in certain cases. SECT. 35. If a town, at the annual meeting, fails to elect a full board Town meetof selectmen, or if any of the persons chosen refuse to act or omit to be ings, how called qualified according to law, the selectmen or selectman chosen and quali- 1855, 8. fied may sign warrants for town meetings until a full board is elected. appoint assess cases. SECT. 36. If a town neglects to choose selectmen or assessors, or if County comthe persons chosen do not accept the trust, or having accepted it shall missioners may not perform the duties, the county commissioners may appoint three or ors in certain more suitable persons within the county, to be assessors of taxes for R. S. 15, §§ 36, such town; who shall have the powers, perform the duties, and receive 37. the compensation, of assessors chosen by a town. SECT. 37. The selectmen of each town shall annually in March or Town officers April, appoint the following town officers, unless the inhabitants at their appointed by annual meeting choose them: selectmen. 13. weights and One sealer of weights and measures, and as many more as the inhab- RS. 30, §§ 12, itants at their annual meeting determine, and they may also appoint a Sealer of ganger of liquid measures; and the selectmen may at any time remove measures, &c. such sealers or gaugers, and appoint others in their places; One measurer of wood and bark, and as many more as the inhabitants Measurers of at their annual meeting determine; wood and bark. And in every town which has town scales for the weighing of hay, Superintendent one or more persons to have the superintendence thereof. of hay-scales. 998 Mars SECT. 38. They may at any time appoint police officers, with all or Selectmen may appoint police any of the powers of constables except the power of serving and exe-appoint cuting civil process, who shall hold their offices during the pleasure of 1851, 162. the selectmen by whom they are appointed. 4 Gray, 34. be sworn, &c. SECT. 39. After the election or appointment of town officers who are Town clerks, to required to take an oath of office, the town clerk shall forthwith make give notice to persons elected, out a list, containing the names of all such persons not sworn by the that they may moderator, and a designation of the offices to which they are chosen, R. S. 15, § 39. and deliver the same with his warrant to a constable, requiring him 9 Gray, 337. within three days to summon each of such persons to appear and take the oath of office before the town clerk within seven days after such notice; and the constable shall within seven days make return of the warrant to the town clerk. 7 Gray, 131.. SECT. 40. If a person so chosen and summoned, who is not exempt by Penalty for not law from holding the office to which he is elected, shall not within seven of once. taking the oath days take the oath of office before the town clerk, or before a justice of R. S. 15, § 40. the peace, and file with the town clerk a certificate thereof under the 7 Gray, 131. hand of such justice, he shall, unless the office to which he is chosen is 4 that of constable or some other for which a different penalty is provid ed, forfeit five dollars. SECT. 41. A person removing from the town in which he holds a town office, thereby vacates such office. SECT. 42. When the office of treasurer or collector of taxes is vacant by reason of death, removal, or other cause, or when the treasurer or collector is prevented from performing the duties of his office, the selectmen of the town 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 hold his office until another is chosen. SECT. 43. When a vacancy occurs in a town office by reason of the non-acceptance, death, removal, insanity, or other disability, of a person chosen thereto, or by reason of a failure to elect, the town may fill such vacancy by a new choice at any legal meeting. SECT. 44. No person shall be obliged to serve in the same town office two years successively; and no person in commission for any office of this state or of the United States, or who is a minister of the gospel, or a member of the council, senate, or house of representatives, or an engineman or member of a fire department, or who has been a constable or collector of taxes of a town within seven years next preceding, shall be obliged to accept the office of constable. Clerk to record all votes. R. S. 15, § 44. 13 Pick. 305. to administer oaths and make record therof. R. S. 15, § 45. Town clerk pro sen. B. S. 15, § 49. CLERK. SECT. 45. The town clerk shall record all votes passed at the meeting at which he is elected, and at the other meetings held during his continuance in office. SECT. 46. He shall administer the oaths of office to all town officers who appear before him for that purpose, and shall make a record thereof, and of oaths of office taken before justices of the peace, of which certificates are filed. SECT. 47. When at a town meeting there is a vacancy in the office tem., when cho- of town clerk, or he is not present, the selectmen shall call upon the qualified voters present to elect a clerk pro tempore, in like manner as town clerks are chosen. The selectmen shall sort and count the votes and declare the election of such clerk, who shall be sworn to discharge the duties of said office at such meeting; and be subject to like penalties for not discharging them as town clerks are for neglect of the like duties. When selectmen may appoint town elerk, &c. SECT. 48. When other duties than those mentioned in the preceding section are required to be performed by the town clerk, and by reason of death, removal, or other cause, there is a vacancy in such office, or R. S. 15, §§ 50, 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 immediately after entering upon the duties of his office make a record of such election or appointment. 51. Penalty for se SELECTMEN. SECT. 49. Every person elected selectman, who enters upon the perlectmen acting formance of his duties before taking the oath of office, shall forfeit for each offence a sum not exceeding one hundred dollars. if not under oath. R. S. 15, § 54. Selectmen to be assessors, &c., in case, &c. R. S. 15, §§ 52, 53. SECT. 50. The selectmen shall be assessors of taxes and overseers of the poor in towns where other persons are not specially chosen to those offices, and when acting as assessors they shall take the oath required of assessors. ASSESSORS OF TAXES. SECT. 51. The assessors' oath of office shall be in substance as follows: for the Assessors' You, being chosen assessors, [or an assessor,] for the town of year ensuing, do swear that you will impartially, according to your best skill and judg- oath. ment, assess and apportion all such taxes as you are during that time directed to assess, and that you will faithfully discharge all other duties of said office. R. S. 15, § 55. sworn. SECT. 52. Assistant-assessors, when chosen, shall be sworn, and shall Assistant-asin their respective wards or districts assist the assessors in taking a list sessors, to be of the ratable polls, in estimating the value of the real and personal R. S. 15, § 56. estate in said wards or districts, and in making out lists of persons qualified to vote at elections. sessor SECT. 53. If a person chosen assessor, having notice of his election, Penalty on asneglects to take the oath of office, he shall forfeit a sum not exceeding ing to take oath. fifty dollars. TREASURER. 6 R. S. 15, § 57. R. S. 15, § 58. SECT. 54. The town treasurer shall give bond in such sum as the Town treasurselectmen require, with sureties to their satisfaction, for the faithful dis- er, duties of. charge of the duties of his office; shall receive and take charge of all sums of money belonging to his town, and pay over and account for the same according to the order of such town or the officers thereof duly authorized in that behalf. Cush. 229. 12 Cush. 112. &c. to prosecute SECT. 55. He may in his own name and official capacity prosecute to bring suit, suits upon bonds, notes, or other securities, given to him or his predecessors in office, and where no other provision is specially made, shall for forfeitures, prosecute for all fines and forfeitures which inure to his, town or the R. S. 15, §§ 59, poor thereof. except, &c. 63. erty. SECT. 56. He shall prosecute for trespasses committed on any public for trespasses building or enclosure belonging to his town; and when a public build- on public proping is owned partly by the town and partly by the county, such prose- R. S. 14, § 51. cution may be made either by the town or county treasurer, whichever R. S. 15, § 62. shall first institute the same. SECT. 57. A town may at any meeting appoint its treasurer collector of taxes; and he may appoint deputies, who shall give such bonds for the faithful discharge of their duty, as the selectmen think proper. Such collector and deputies shall have the same powers as are vested in collectors of taxes. may be col lector of taxes. Met. 102. 8 R. S. 15, § 60. power and duK. S. 15, § 61. SECT. 58. A treasurer so appointed collector, may issue his warrant to the sheriff of the county, or his deputy, or to any constable of the ty as collector. town, directing them to distrain the property or take the body of any person who is delinquent in the payment of taxes, and to proceed in like manner as collectors are required to do in like cases. SECT. 59. The treasurer shall annually render a true account of all his receipts and payments, and other official doings, to the town, and nually. Pay shall receive such compensation for his services as the town may deter- 65. mine. to account anR. S. 15, §§ 641, CONSTABLES. as constable, &c. SECT. 60. A person chosen to the office of constable, able to perform Penalty for rethe duties thereof and not exempt, who refuses to take the oath and to fusing to serve serve in such office, shall forfeit twenty dollars. If he is present in town meeting and declares his refusal or neglects for seven days after being s. summoned to take the oath of office or to pay such fine, he shall be prosecuted therefor by the treasurer. SECT. 61. Any constable who gives to the inhabitants of the town for which he is chosen, a bond with sureties in a sum not less than five hundred dollars to the satisfaction of the selectmen, with condition for Constables giv. ing bonds may serve civil pro cess in certain cases. |