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1847, 98, § 2.
the faithful performance of his duties in the service of all civil processes committed to him, and causes the same, with the approval of the selectmen indorsed thereon, to be filed in the office of the town clerk, may, within his town, serve any writ or other process in a personal action in which the damages are not laid at a greater sum than one hundred dollars, and any process in replevin in which the subject matter does not exceed in value one hundred dollars, and any writ or other process under the provisions of chapter one hundred and thirty-seven; and no constable shall serve any process in a civil action until he gives such bond.
SECT. 62. The town clerk shall note upon every bond given by a constable the time when the same was filed. Any person injured by a breach of the condition of such bond, may at his own expense institute a suit thereon in the name of the town, and like proceedings shall be 1851, 94, §§ 2, 3. had as in a suit by a creditor on an administration bond. The writ
shall be indorsed by the persons for whose benefit the suit is brought, and if neither of them is an inhabitant of this state, it shall also be indorsed by some other responsible indorser residing in this state. If judgment is for the defendants, execution shall issue for costs against the indorsers, as if they were plaintiffs of record.
SECT. 63. Constables may serve such writs and processes as are described in section sixty-one, and warrants and other in crimiprocesses nal cases, although their town, parish, religious society, or school district, is a party or interested.
SECT. 64. They may serve by copy by them attested, all demands, notices, and citations, and their returns of service thereof shall be prima facie evidence; but this provision shall not exclude the service thereof by other parties.
Time of filing bond to be noted. Remedies on bond, &c. 1845, 70, §§ 1, 2, 3.
Constables may serve certain writs, &c.
R. S. 15, § 72.
may serve certain demands and notices.
aid not to act R. S. 14, §§ 72,
as counsel, &c.
SECT. 65. They may, like sheriffs, require aid in the execution of their duties. They shall not appear in court or before a justice of the peace as attorney or counsel for any party. The provisions of sections sixty-four and sixty-seven of chapter seventeen shall apply to constables.
SECT. 66. They shall serve all warrants and other processes, lawfully warrants of se- directed to them by the selectmen of their town, for notifying town
meetings or for other purposes.
R. S. 15, § 77.
6 Pick. 483.
R. S. 15, § 70.
SECT. 67. They shall take due notice of and prosecute all violations breaches of cer- of the laws respecting the observance of the Lord's day, to prevent pro
R. S. 15, § 76.
fane swearing, and against gaming.
may convey persons, &c., to jail, &c., out
SECT. 68. A constable in the execution of a warrant or writ directed to him, may convey beyond the limits of his town, prisoners and prop
of their town. erty in his custody under such process, either to the justice who issued
R. S. 15, § 75.
it, or to the common jail or house of correction of his county.
SECT. 69. If a person against whom a warrant is issued for an alleged warrants in cer- offence committed within any town, before or after the issuing of the
tain cases, in
warrant, escapes from or is out of the town, any constable of such town
SECT. 70. When an unincorporated place is annexed to a town for process in unin- the purpose of taxation, the constables of such town shall have and exercise in such unincorporated place the same powers as if it were a part of their town.
COLLECTORS OF TAXES.
Collectors of taxes, when
SECT. 71. Towns may choose suitable persons to be collectors of constables to be. taxes therein. If the persons chosen refuse to serve, or if no person is elected or appointed, the constables of the town shall be the collectors
R. S. 15, §§ GO, 78. 6 Gray, 387, 502. 7 Gray, 132. to give bond. R. S. 15, § 80.
9 Met. 499.
.6 Cush. 229.
2 Gray, 298.
12 Cush. 112.
SECT. 72. Every collector shall give bond to the town, in such sum as the selectmen require, and with sureties to their satisfaction, for the faithful discharge of the duties of his office.
SECT. 73. Any town, at a meeting notified for that purpose, may Town may give authorize their collector to use all means of collecting the taxes which a town treasurer when appointed collector may use.
powers of treasurer, in collecting taxes.
SURVEYORS OF HIGHWAYS.
SECT. 74. If a person chosen surveyor of highways refuses to serve, he shall forfeit a sum not exceeding ten dollars; but no person shall be obliged to serve oftener than once in three years.
SECT. 75. A surveyor of highways who neglects the duties of his office, shall forfeit ten dollars for each neglect; and he may be prosecuted by indictment for any deficiency in the highways within his limits occasioned by his fault or neglect.
SECT. 76. If a town is sentenced to pay a fine for a deficiency in the highways or town ways therein, any surveyor through whose fault or neglect such deficiency existed, shall be liable for the amount of such fine and all costs, to be recovered by the town in an action of tort.
FINES AND FORFEITURES.
SECT. 80. Fines and forfeitures imposed by this chapter, except in cases otherwise provided for, may be recovered by complaint or indictment to the use of the commonwealth, or by action of tort to the use of the town where the offence is committed.
10 Met. 108.
ble to towns for deficiencies, in
R. S. 15, § 84. 1852, 312.
SECT. 77. All places now incorporated by the name of districts, Districts to have powers of except Marshpee in the county of Barnstable, shall have all the powers have po and privileges, and be subject to all the duties, to which towns are enti- R. S. 15, § 9. tled or subject by the provisions of the chapter.
SECT. 78. The district of Marshpee, excepting such parts thereof as Provisions for are for the purpose of taxation or otherwise annexed to the towns of the district of Falmouth and Sandwich, shall continue to be a district, with all the 1834, 166. powers, privileges, duties, and liabilities, mentioned in the act estab- R. S. 15, § 87. lishing said district, and acts specially relating thereto.
ABUSE OF CORPORATE POWERS.
SECT. 79. When a town votes to raise by taxation or pledge of its Towns, how recredit, or to pay from its treasury, any money, for a purpose other than strained from those for which it has the legal right and power, the supreme judicial priations of court may upon the suit or petition of not less than ten taxable inhab- 1847, 37. itants thereof, briefly setting forth the cause of complaint, hear and de- 3 Cush. 530. termine the same in equity. Any justice of said court may in term time or vacation issue injunctions and make such orders and decrees as may be necessary or proper to restrain or prevent any violation or abuse of such legal right and power, until the final determination of the cause by said court.
10 Cush. 252.
Fines and forfeitures.
R. S. 15, §§ 5, 30,
31, 40, 54, 57, 66,
Powers, &c., of
Laws relating ply &c.
to towns to ap R. S. 2, § 6, cl.
Officers elected after division to hold till, &c. 1851, 167, §2.
OF CERTAIN POWERS AND DUTIES OF CITIES.
1. Powers, &c., of cities to continue.
2. Laws relating to towns to apply to cities,
3. Constables may be removed for miscon-
4. When wards are divided, officers to act in
6. Vacancies in board of mayor and aldermen
7. If mayor is not elected, who to perform the
8. Vacancies in city or ward offices-how
9. Ward officers, duties of, and proceedings in case of absence of:
10. Removal from ward not to disqualify city officers.
11. Five preceding sections to be in force only where adopted.
12. Mayor and aldermen, &c., may hold other offices.
13. City councils may regulate erection of balustrades, &c.
14. Regulations of carriages.
15. City officers may prosecute, &c.
16. Divisions of wards in cities.
17. "Mayor and aldermen," in Boston, how construed.
SECTION 1. The several cities shall continue to have and exercise all the powers and privileges, and be subject to all duties and liabilities, mentioned in the acts establishing such cities and in the several acts relating thereto.
Mayor may re
SECT. 3. The mayor of a city may, with consent of the board of almove constable. dermen, remove from office a constable for gross misconduct.
1859, 294. When wards are divided, officers of, how to act. 1851, 167, § 1.
SECT. 2. Chapter eighteen and all other laws relating to towns, shall apply to cities so far as they are not inconsistent with the general or special provisions relating thereto; and cities shall be subject to the liabilities, and city councils shall have the powers, of towns; the mayor and aldermen shall have the powers and be subject to the liabilities of selectmen, and the city clerks, treasurers, and other city officers, those of corresponding town officers, if no other provisions are made in relation thereto:
SECT. 4. At the first election held after a new division of wards in a city, the ward officers chosen under the preceding division shall officiate in the numerical ward for which they were chosen, and shall continue to act there until others are chosen and qualified in their stead. SECT. 5. Officers chosen at a meeting called by the mayor and aldermen of a city, after such new division into wards, shall hold their offices until the next annual meeting, and until others are chosen and qualified in their stead.
SECT. 6. If, at or after the time for the mayor and aldermen of a board of mayor city to enter upon the discharge of their duties, it appears that the by non-election, mayor or the full number of aldermen are not elected, such of said offi1845, 217, §§ 1, 2. cers as are elected shall issue warrants for the election of a mayor or such aldermen as may be necessary. If neither of said officers is elected, the president of the common council shall issue such war
See § 11.
If mayor is not
SECT. 7. If by reason of non-election there is no mayor of a city, elected, who to the chairman of the board of aldermen shall discharge the duties of the
duties. 1845, 217, § 4. See § 11. Vacancies in
office until a mayor is chosen and sworn.
SECT. 8. When it appears to the mayor and aldermen, that there is city or ward of a vacancy either in their board, the common council, or any city or ward
fices, how filled. 1845, 217, § 2. See § 11.
office, to be filled by popular election, they shall issue their warrant for elections to fill such vacancy at such time and place as they deem advisable.
SECT. 9. Ward officers authorized to act at elections, shall attend and perform their respective duties at the times and places appointed for elections of officers, whether of the United States, state, city, or
wards, and shall make and sign the regular returns of the same. If a ward Ward officers officer is absent from a meeting, the office may be filled, pro tempore, pro tempore. by the voters present, by nomination and hand vote if they so determine.
SECT. 10. City officers who were residents of the ward at the time Removal from of their election, shall discharge the duties of their offices notwith- ward not to disqualify city offistanding their removal afterwards into any other ward of the city.
SECT. 11. The five preceding sections shall be in force in those cities 85, 217, § 5. only which have adopted chapter two hundred and seventeen of the stat- Five preceding utes of eighteen hundred and forty-five, or which shall adopt said sections. inte SECT. 12. The mayor and any alderman or member of the common 1845, 217, § 1. council of a city which has adopted chapter seventy of the statutes of Mayor, &c., eighteen hundred and fifty-one, or which shall adopt this section, may offices, &c. at the same time hold any other office under the city government to which he may be chosen, except one of emolument.
hold other 1851, 70, §§ 1, 2.
SECT. 13. The city council of each city may make such rules City councils and regulations for the erection and maintenance of balustrades, or erection of balother projections upon the roofs or sides of buildings therein, as the ustrades, &c. 1848, 278. safety of the public requires, with penalties for the violation thereof, not exceeding twenty dollars for each offence; but no such rule or regulation shall take effect until the same has been published at least sixty days in some newspaper printed in the city or in the county in which the city is situated.
SECT. 14. The mayor and aldermen of a city may make rules and Regulations of orders for the regulation of all carriages and vehicles used either carriages 1847, 224, §§ 1, 2. wholly or in part therein, whether with or without animal power, with 1850, 275. 2 Cush. 562. penalties for violations thereof, not exceeding twenty dollars for one offence; and may receive annually one dollar and no more for each license, granted by them to a person to set up and use any carriage or vehicle within such city. Such rules shall not take effect until they have been published at least one week in some newspaper published in the city or in the county in which the city is situated. This section shall not impair the right of a city to make by-laws relating to the subject.
SECT. 15. The city marshal or other principal police officer, or the City officers city treasurer, may prosecute for all fines and forfeitures which may inure to the city or the poor thereof, and may also prosecute for tres- R. S. 15, § 63. passes committed on any public building or enclosure within the limits 1854, 419. of the city.
wards in cities.
SECT. 16. No new division of wards in any city comprising more Division of than one representative district, shall be made previously to the next 1857, 309, § 2. apportionment of senators and representatives.
SECT. 17. In laws relating to cities, the words mayor and aldermen "Mayor and al shall in their application to the city of Boston, unless provision is otherwise made, be construed to mean board of aldermen.
construed. 1854, 448, § 33.
OF THE CENSUS.
1 Census of inhabitants and voters, to be
3. Secretary to furnish blanks, &c.
SECTION 1. There shall be taken in the several cities and towns, in Census to be the year one thousand eight hundred and sixty-five and every tenth taken in 1865, year thereafter, a census of the inhabitants, ratable polls, and voters as year after, &c. they were on the first day of May of the same year; distinguishing in
the enumeration of the inhabitants, the males and females, the color of arts. 12, 13, 21, each, the ages within decennial periods, the natives, the foreigners, nat
uralized voters, and the country in which the foreigners were born; and in the enumeration of the voters of cities, the number in each ward.
SECT. 2. The census shall be taken in cities by agents appointed by the mayor and aldermen, and in towns by the assessors. Such agents and assessors shall be sworn, shall make out in words at length a return of the result of said census, and shall sign and make oath to the truth thereof; and a certificate of the oath by the magistrate administering it shall be annexed thereto. They shall, on or before the twentieth day of June of the same year, deliver the return to the sheriff of the county, who shall transmit it to the office of the secretary of the commonwealth on or before the last day of said June; or the agents or assessors may themselves transmit the return to the office of the secretary on or before the day last named.
1855, 439, § 2. 1857, 60, § 1.
Census, by whom taken. Returns, &c. 1857, 60, § 2.
SECT. 3. The secretary shall, on or before the first day of May of furnish blanks, each year in which the census is to be taken, transmit to the clerks of the several cities and towns, printed forms for the returns required by this chapter, and shall annex thereto a notice that the returns must be made into his office on or before the last day of June.
Penalties. 1857, 60, § 3.
City and town
SECT. 4. If an agent or assessor wilfully refuses or neglects to perform any duty required of him by this chapter, he shall forfeit a sum not exceeding five hundred dollars, and if he is guilty of wilful deceit or falsehood in the discharge of his duty, he shall forfeit a sum not exceeding two thousand dollars or be imprisoned not exceeding one year. A sheriff who wilfully refuses or neglects to perform the duty required of him by this chapter, shall forfeit not exceeding one thousand dollars.
OF THE REGISTRY AND RETURNS OF BIRTHS, MARRIAGES, AND DEATHS.
7. Clerk, fees of, &c. Penalty.
8. Superintendents of state almshouses to record, return, &c., facts in relation to births, &c.
1. City and town clerks to record births, mar-
2. Parents and others to give notice of births
3. Physician to certify, &c. Penalty.
4. Sextons and others to make returns to city
5. Clerk to transmit copies of records to sec-
record of, to be evidence.
9. Secretary to furnish blank books and forms for returns.
to cause returns to be bound, &c. ; to report to legislature, &c.
11. Registrars may be chosen in certain cases. 12. Secretary to prosecute for penalty.
13. Towns may make additional rules, &c.
SECTION 1. The clerk of each city and town shall receive or obtain, and record and index, the following facts concerning the births, marriages, and deaths, therein, separately numbering and recording the same in the order in which he receives them, designating in separate columns;
In the record of births, the date of the birth, the place of birth, the name of the child, (if it have any,) the sex and color of the child, the names and the places of birth of the parents, the occupation of the father, the residence of the parents, and the date of the record;
In the record of marriages, the date of the marriage, the place of marriage, the name, residence, and official station of the person bywhom married, the names and the places of birth of the parties, the residence of each, the age and color of each, the condition of each, (whether single or widowed,) the occupation, the names of the parents, and the date of the record;