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on bond, &c.

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berve certain writs, &c.

may serve certain demands and notices.

1817, 98, $ 2. the faithful performance of his duties in the service of all civil processes 1851, 94, &$ 1,2. 13 Met. 302.

committed to him, and causes the same, with the approval of the select2 Gray, 209. men 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. Time of filing Sect. 62. The town clerk shall note upon every bond given by a bad Remedies constable the time when the same was filed. Any person injured by a

breach of the condition of such bond, inay at his own expense institute 1845, 70, $$ 1, 2,

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 brouglit, 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. Constables may

Sect. 63. Constables may serve such writs and processes as are de

scribed in section sixty-one, and warrants and other processes in crimiR. S. 15, $ 72. 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 there

of by other parties. may require SECT. 65. They may, like sheriffs, require aid in the execution of their aid---not to act duties. They shall not appear in court or before a justice of the peace as R. S. 14, $172, attorney or counsel for any party. The provisions of sections sixty-four R. S. 15, $ 77.

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 lectmen. meetings or for other purposes. R. S. 15, $ 70.

to complain of 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 proR. S. 15, $ 76. fane swearing, and against gaming.

Sect. 68. A constable in the execution of a warrant or writ directed to jail, &cs, out to him, may convey beyond the limits of his town, prisoners and propof 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 any place in warrant, escapes from or is out of the town, any constable of such town

to whom the warrant is directed, may pursue and apprehend him in any 1847, 98, § 1.

place in the commonwealth.

Sect. 70. When an unincorporated place is annexed to a town for Poppers ieq unin- the purpose of taxation, the constables of such town shall have and explaces, &c. ercise in such unincorporated place the same powers as if it were a part R. S. 15, $ 74. of their town.

COLLECTORS OF TAXES. Sect. 71. Towns may choose suitable persons to be collectors of coustables to be. taxes therein. If the persons chosen refuse to serve, or if no person is 75. 6. Gray, 347, elected or appointed, the constables of the town shall be the collectors 502. 7 Gray, 132. of taxes.

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.

79, 80.

6 Pick. 183.

to execute

may convey

may serve

tain cases, in

state.

may serve

Collectors of taxes, when

to give bond. R. S. 15, $ 80. 9 Met. 490. .6 Cush. 229. 2 Gray, 29R. 13 heh. 112.

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 colleets ofertain a town treasurer when appointed collector may use.

urer, in collect-
ing taxes.
1850, 57.

SURVEYORS OF HIGHWAYS. Sect. 74. If a person chosen surveyor of highways refuses to serve, Penalty for rehe shall forfeit a sum not exceeding ten dollars ; but no person shall be fusing to serve obliged to serve oftener than once in three years.

highways. Sect. 75. A surveyor of highways who neglects the duties of his Be 15, 3081.. office, shall forfeit ten dollars for each neglect; and he may be prose- yeyors for negcuted by indictment for any deficiency in the highways within his limits R. S. 15, $$ 82, occasioned by his fault or neglect.

Sect. 76. "If a town is sentenced to pay a fine for a deficiency in the surveyors liahighways or town ways therein, any surveyor through whose fault or deficiencies, in neglect such deficiency existed, shall be liable for the amount of such fine case, &

R. S. 15, $ 84. and all costs, to be recovered by the town in an action of tort.

1852, 312.

83.

.

DISTRICTS. Sect. 77. All places now incorporated by the name of districts, Districts to except Marshpee in the county of Barnstable, shall have all the powers haver:

have powers of 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.

1817, 37.

10 Cush. 252.

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 illegal approthose 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 inháb

money, &c. 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.

FINES AND FORFEITURES. SECT. 80. Fines and forfeitures imposed by this chapter, except in Fines and forcases otherwise provided for, may be recovered by complaint or indict- feitures. ment to the use of the commonwealth, or by action of tort to the use 31, 40, 54, 57, 66, of the town where the offence is committed.

1839, 136.

81, 82.

CHAPTER 19.

OF CERTAIN POWERS AND DUTIES OF CITIES.

SECTION

1. Powers, &c., of cities to continue.
2. Laws relating to towns to apply to cities,

&c.
3. Constables may be removed for miscon-

duct.
4. When wards are divided, officers to act in

same numerical wards till others are chosen.
5. Officers elected after division to hold till

next annual meeting, &c.
6. Vacancies in board of mayor and aldermen

by non-election - how filled.
7. If mayor is not elected, who to perform the
duties.

Vacancies in city or ward offices - how
filled.

SECTION
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 bal

ustrades, &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.

Powers, &c., of
cities to con-
tinue.
R. S. 15, $ 80.

17.

When wards

to act.

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. Laws relating

SECT. 2. Chapter eighteen and all other laws relating to towns, shall po yondito, at apply to cities so far as they are not inconsistent with the general or R. s. 2, 6, cl." special provisions relating thereto; and cities shall be subject to the lia

bilities, 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 rela

tion 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.

SECT. 4. At the first election held after a new division of wards in are divided, officers of, how

a city, the ward officers chosen under the preceding division shall offici

ate in the numerical ward for which they were chosen, and shall con1851, 167, § 1.

tinue to act there until others are chosen and qualified in their stead.

Sect. 5. Officers chosen at a meeting called by the mayor and alder

men of a city, after such new division into wards, shall hold their offices 1851, 107, § 2. until the next annual meeting, and until others are chosen and qualified

in their stead. Vacancies in Sect. 6. If, at or after the time for the mayor and aldermen of a board de 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 offi1915, 217, $$ 1,2. cers as are elected shall issue warrants for the election of a mayor or See § 11. such aldermen as may be necessary.

If neither of said officers is elected, the president of the common council shall issue such war

rants. 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

. 1815, 217, $ 4. office until a mayor is chosen and sworn. See § 11. Vacancies in

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 1845, 217, $ 2.

office, to be filled by popular election, they shall issue their warrant for See § 11. elections to fill such vacancy at such time and place as they deem ad

visable. Ward officers, Sect. 9. Ward officers authorized to act at elections, shall attend 1845, 217, $ 3.

and perform their respective duties at the times and places appointed See § 11. for elections of officers, whether of the United States, state, city, or

Officers elected after division to hold till, &c.

fices, how filled.

duties of

cers.

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 disstanding their removal afterwards into any other ward of the city.

1845, 217, $ 5. SECT. 11. The five preceding sections shall be in force in those cities See 11. 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. in force.

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 May moldeor eighteen hundred and fifty-one, or which shall adopt this section, may offices, &c.

1851, 70, $$ 1, 2. at the same time hold any other office under the city government to which he may be chosen, except one of emolument.

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. safety of the public requires, with penalties for the violation thereof, 1848, 278. 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 1947 ashes

1847, 224, $$ 1, 2. wholly or in part therein, whether with or without animal power, with 1850, 276. penalties for violations thereof, not exceeding twenty dollars for one offence; and may receive annually one dollar and no more for eachlicense, 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

may prosecute, city treasurer, may prosecute for all fines and forfeitures which may be 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 1851, 419. of the city.

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 1807, 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 other- Boston, now wise made, be construed to mean board of aldermen.

1854, 448, § 33.

2 Cush. 562.

construed.

CHAPTER 20.

OF THE CENSUS.

SECTION

SECTION 1. Census of inhabitants and voters, to be 3. Secretary to furnish blanks, &c.

taken in 1865 and every tenth year after. 4. Penalties. 2 by whom taken. Returns, &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

whom taken.

Such agents

Amend. const. 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, nat1855, 439, 8 2. uralized voters, and the country in which the foreigners were born; and 1857, 60, $1.

in the enumeration of the voters of cities, the number in each ward. Census, by SECT. 2. The census shall be taken in cities by agents appointed by Returns, &c. the mayor and aldermen, and in towns by the assessors. 1857, 60, $ 2. 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. Secretary to 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 1857, 60, $ 4. 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. SECT. 4. If an agent or assessor wilfully refuses or neglects to per1857, 60, 83.

form 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.

CHAPTER 21.

OF THE REGISTRY AND RETURNS OF BIRTHS, MARRIAGES, AND DEATHS.

SECTION
1. City and town clerks to record births, mar-

riages, and deaths.
2. Parents and others to give notice of births

and deaths.
3. Physician to certify, &c. Penalty.
4. Sextons and others to make returns to city

and town clerks. Clerks to give certifi

cates. Penalties.
8. Clerk to transmit copies of records to sec-

retary.
6, record of, to be evidence.

SECTION

7. Clerk, fees of, &c. Penalty.
8. Superintendents of state almshouses to re-

cord, return, &c., facts in relation to births,

&c. 9. Secretary to furnish blank books and forms

for returns. 10. to cause returns to be bound, &c.; to re

port to legislature, &c. 11. Registrars may be chosen in certain ases. 12. Secretary to prosecute for penalty. 13. Towns may make additional rules, &c.

deaths.

City and town SECTION 1. The clerk of each city and town shall receive or obtain, clerks to record and record and index, the following facts concerning the births, marriages, births, marriages, and

and deaths, therein, separately numbering and recording the same in R. S. 15, $ 46.

the order in which he receives them, designating in separate columns; 1844, 159, $ 1. In the record of births, the date of the birth, the place of birth, the 1849, 202, § 1.

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 by. whom 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 ;

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