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TITLE VII.

AN ACT CONCERNING COMMUNITIES AND COR

PORATIONS.

CHAPTER I.

OF COUNTIES.

Be it enacted by the Senate and House of Representatives, in General Assembly convened:

SECTION 1. That the towns of Hartford, Avon, Berlin, Bloomfield, Hartford; const i Bristol, Burlington, Canton, East Granby, East Hartford, East tuted May, 1666. Windsor, Enfield, Farmington, Glastenbury, Granby, Hartland, Manchester, Marlborough, New Britain, Rocky Hill, Simsbury, Southington, South Windsor, Suffield, West Hartford, Wethersfield, Windsor, and Windsor Locks, shall constitute one county, by the name of the county of Hartford.

stituted May,

SECT. 2. The towns of New Haven, Bethany, Branford, Cheshire, New Haven; con Derby, East Haven, Guilford, Hamden, Madison, Meriden, Middle- 1666. bury, Milford, Naugatuck, North Branford, North Haven, Orange, Oxford, Prospect, Seymour, Southbury, Wallingford, Waterbury, Wolcott, and Woodbridge, shall constitute one county, by the name of the county of New Haven.

SECT. 3.

constituted May,

The towns of New London, Norwich, Bozrah, Colches- New London; ter, East Lyme, Franklin, Griswold, Groton, Lebanon, Ledyard, 1666 Lisbon, Lyme, Montville, North Stonington, Preston, Salem, Sprague, Old Lyme, Stonington, and Waterford, shall constitute one county, by the name of the county of New London.

stituted May,

SECT. 4. The towns of Danbury, Bridgeport, Bethel, Brookfield, Fairfield; conDarien, Easton, Fairfield, Greenwich, Huntington, Monroe, New 1666. Canaan, New Fairfield, Newtown, Norwalk, Reading, Ridgefield, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton, shall constitute one county, by the name of the county of Fairfield.

1726.

SECT. 5. The towns of Brooklyn, Ashford, Canterbury, Chaplin, Windham; conEastford, Hampton, Killingly, Plainfield, Pomfret, Putnam, Scotland, stituted May, Sterling, Thompson, Voluntown, Windham, and Woodstock, shall constitute one county, by the name of the county of Windham. SECT. 6. The towns of Litchfield, Barkhamsted, Bethlehem, Litchfield; conBridgewater, Canaan, Colebrook, Cornwall, Goshen, Harwinton, 1751. Kent, Morris, New Hartford, New Milford, Norfolk, North Canaan, Plymouth, Roxbury, Salisbury, Sharon, Torrington, Warren, Wash

stituted October

Middlesex; con. stituted May, 1785.

Tolland; consti

ington, Watertown, Winchester, and Woodbury, shall constitute one county, by the name of the county of Litchfield.

SECT. 7. The towns of Middletown, Haddam, Chatham, Chester, Clinton, Cromwell, Durham, East Haddam, Essex, Killingworth, Old Saybrook, Portland, Saybrook, and Westbrook, shall constitute one county, by the name of the county of Middlesex.

SECT. 8. The towns of Tolland, Andover, Bolton, Columbia, tuted October, Coventry, Ellington, Hebron, Mansfield, Somers, Stafford, Union, Vernon, and Willington, shall constitute one county, by the name of the county of Tolland.

1785.

1823. Counties may sue and detend

1851.

County taxes;

how laid, asses

SECT. 9. The counties, in the name of their treasurer, may commence and prosecute to final judgment, any suit at law, or in equity, necessary to enforce or establish any right, title, or demand, and may appear by agent or attorney in any suit in favor of or against the county.

SECт. 10. Whenever in the judgment of the county commissioners in any county, it shall be necessary to levy a tax upon the inhabitsed and collected. ants of such county, the said commissioners shall call a meeting of the representatives, for the time being chosen to the general assembly, and said meeting shall have power to impose such tax as may be deemed necessary upon the towns in said county; and the clerk of the superior court shall be clerk of said meeting, and shall record the proceedings thereof in the records of said court. Said tax shall be imposed upon the several towns in the county according to the respective lists of the said towns last made and completed; and shall be payable at such time as said meeting may prescribe; and thereupon said clerk shall draw an order, upon each town, for its tax so laid and imposed, signed by said clerk and made payable to the trea surer of the county, of which notice shall forthwith be given by said clerk, by mail or otherwise, to one of the selectmen of such town; and if any town shall refuse or neglect to pay the tax so laid and imposed, by the time prescribed, the county treasurer shall make return of such neglect to said clerk, of the non-payment of said tax or any part thereof, and the same shall be by him recorded; and thereupon said clerk shall issue an execution, in the name of the treasurer of such county, signed by said clerk, returnable in sixty days, directed to the sheriff of said county or his deputy, for the sum or amount of the tax aforesaid remaining unpaid against the goods and estate of the inhabitants of said town, to be proceeded with in the same manner as executions in civil cases.

Court houses,

SECT. 11. Whenever it shall be necessary to build or rehow built, &c. pair a court-house in any county, the expense shall be defrayed by the inhabitants of such county; and the taxes that may be neces sary for that purpose shall be levied and collected in manner aforesaid.

1834.

jails, how repaired in certain cases.

SECT. 12. Whenever a court-house or jail in any county, or their Court-houses and appurtenances, shall, in the opinion of the county commissioners for such county, need repairs, and the necessary expenses of the same shall not exceed three hundred dollars, and cannot be defrayed out of the moneys in the treasury of such county, said county commis sioners shall estimate the expense of such repairs, and the clerk aforesaid shall make a record of the amount thereof, and thereupon such county commissioners shall apportion said amount among the several towns in such county, according to the lists of such towns respectively, and draw an order on each town for its proportion thereof, signed by said clerk, and made payable to the treasurer of the county,

of which notice shall be forthwith given by said clerk, by mail or otherwise, to one of the selectmen of such town. Such orders shall all be payable at one time, on such day, not less than four months from the date thereof, as said county commissioners, having respect to the greatest convenience of the towns, shall limit and appoint; and if any town shall refuse or neglect to pay the amount specified in such order, according to the tenor thereof, the county treasurer shall make return of such neglect to said clerk, and of the sum paid, if any, by such town, and the same shall be by him recorded; and thereupon said clerk shall issue an execution for the sum remaining due on said order, in the same form, and to be proceeded with in the same manner as is provided in the tenth section of this act.

1833.

courts, how

SECT. 13. Whenever it shall be necessary to change the place for holding courts in any town in which, by law, the supreme court of Place of holding errors, and the superior court, are required to be held, one of the changed. county commissioners in the county in which said town is situated, on the application of a majority of the representatives in the general assembly for the time being from said county, shall convene the representatives from said county at such place in said town as they shall appoint, giving reasonable notice of the time and place of such meeting; and the said representatives, together with said county commissioner, shall designate the place in said town where said courts shall be holden, and shall make report thereof to the general assembly next thereafter to be holden; and if said report shall be accepted by the general assembly, the place so designated shall be established during the pleasure of the general assembly as the place for holding said courts, when by law required to be holden in said

town.

CHAPTER II.

OF TOWNS AND TOWN OFFICERS.

I. OF TOWNS.

out bounds.

SECT. 14. Every town shall procure its bounds to be set out by Towns to set plain and durable marks and monuments, which shall be a large heap of stones, or a ditch six feet long and two and a half feet wide, of ordinary depth, at every corner, and once in every eighty rods, in the lines running from corner to corner.

SECT. 15.

renewed once in

Once in every three years, in March, April, October, Bounds to be or November, the selectmen of the adjoining towns shall appoint three years. two or more persons to perambulate the lines, and renew the bounds and monuments between the towns, on forfeiture of fourteen dollars by every town which shall neglect the same, one-half to the use of the town with whom they refuse to join in perambulation, and the other half to the treasurer of the county; and in case both the adjoining towns shall neglect to perambulate, the one-half shall be to the use of him who shall prosecute to effect, and the other half to the treasury of the county; and the selectmen of the most ancient town shall give six days' notice to the selectmen of the adjoining

1844.

authorized to fix

town, of the time and place of meeting for such perambulation; and each town shall pay the charge of the persons appointed by them for that purpose.

SECT. 16. In all cases wherein a dispute shall exist in regard to Superior court the divisional line between any two adjoining towns, or any part or disputed lines. parts of such line, and a majority of the selectmen of one of said towns shall not be able to agree with a majority of the selectmen of the other of said towns, as to the place or places of such divisional line, or part or parts thereof, the superior court, upon application, shall appoint a committee of three judicious and disinterested persons, to fix and establish said disputed line, or part or parts thereof, and to erect and establish suitable monuments to designate the same. And when the said committee shall have so fixed and established said line, or part or parts thereof, and erected and established such monuments, they shall make report of their doings to said superior court; and when said report shall have been accepted by said superior court, and the same, together with the record of the acceptance thereof, shall have been recorded in the records of said towns respectively, or lodged for the purpose of being so recorded with the town clerks of said towns respectively, by any of the selectmen of either of said towns, said line, or part or parts thereof, so fixed and established, shall forever thereafter be deemed and taken to be the Costs may be true divisional line between said towns. And the superior court may taxed or refused. allow or refuse costs to or against either of said towns, or apportion the same between them, as to said court may seem equitable; and said court may issue execution for the recovery of said costs as occasion shall require; but before said committee shall proceed to fix or establish said line, or part or parts thereof, or monuments as aforesaid, notice shall be given by said committee, to said towns respectively, of the time and place of their meeting to attend to the duties of their appointment, at least twenty days previous to the time of such meeting, which notice shall be served upon a majority of the selectmen of each of said towns respectively, and also by setting the same upon one sign-post, at least, in each of said towns; and all parties interested shall be entitled to be heard before said committee; and before said committee shall proceed to fix or establish said line, or part or parts thereof, as aforesaid, they shall be sworn faithfully and impartially to execute the duties of their appointment according to the best of their ability.

meetings.

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Persons qualified SECT. 17. All the male white inhabitants of the several towns to vote in town of the age of twenty-one years, who have a freehold estate not subject to a mortgage, rated in the common list, or assessment, at nine dollars, or personal estate rated in said list at one hundred and thirty-four dollars, exclusive of their polls, or who have been duly admitted as electors, and who have statedly resided in the state at least one year next preceding, and in the town at least four months next preceding, may vote and act in town meetings; and persons Penalty for vo- not so qualified, shall not be allowed to vote or act in such meetings; and if any person not so qualified shall vote, act, or intermeddle, in any town meeting, he shall forfeit the sum of seventeen dollars to the treasurer of the county where the offense is committed; and the Duty of state at attorneys for the state in the several counties, and grand jurors torney, grand ju- in the several towns, shall make presentment of every such

ting, if not so

qualified.

rors, &c., to prosecute.

offense.*

* Property of voter must be actually set in list. State v. Woodruff, 2 Day, 504.

ble voting.

SECT. 18. Every person duly qualified to act in town meetings, 1833. who shall put in more than one vote at one and the same time, or at Penalty for douone and the same balloting, for any person or persons, to one and the same office, shall forfeit the sum of seventeen dollars to the treasurer of the county where the offense is committed; and the attorneys for the state in the several counties, and grand jurors in the several towns, shall make presentment of every such

offense.

1831.

How town meet

SECT. 19. When town meetings are to be held, a notification, either written or printed, specifying the objects for which they are 1832. 1865. to be held, signed by the selectmen, or a majority of them, set upon ings are to be the sign-post, or sign-posts, in the towns, at least five days inclu- warned. sively, before the meeting is to be held, shall be sufficient notice to the inhabitants to attend such meeting; and any town may, at an annual meeting, designate and determine upon any other place or places, in addition to the sign-posts, at which such notifications shall be set up in the same manner as is herein provided in regard to notifications set upon sign-posts; and whenever a town meeting shall be warned agreeably to the provisions of this section, the selectmen to be left with shall, in addition to the requirements herein named, cause a copy, or duplicate of said warning to be left with the town clerk of such town, on or before the day of such meeting, and the same shall be recorded.

Copy of warning

town clerk.

1857. 1860.

SECT. 20. Town meetings in the towns of Hartford, New Haven, 1861. 1863. Middletown, Norwich, Norwalk, East Haven, and Bridgeport, shall1864. 1865. be warned and held at the time and in the manner provided by the the general rule. Exceptions to laws for holding the town meetings in such towns which were in force on the twenty-first day of July, 1865.

when to be

SECT. 21. The annual town meetings, except in the towns of Bridge- 1856. 1865. port, shall be holden in the months of October, November or De- Annual meetings cember, and special meetings may be convened when the selectmen holden. shall deem it necessary, or on application of twenty inhabitants qualified to vote in town meetings; and town meetings may be adjourned from time to time as the interest of the town may require.

SECT. 22. The town clerk and selectmen in the several towns Town clerk and may, if they deem it expedient, designate the moderator who shall selectmen to appreside at any town meeting, in the same manner as they designate the presiding officer at elector's meetings.

SECT. 23. The inhabitants of each town, qualified to vote, shall,

point moderator.

Town officers to

at the annual town meeting, choose a convenient number, not ex- be appointed anceeding seven, to be selectmen, a town clerk, a treasurer, a registrar, nually, &c. constables, surveyors of highways, collectors of town taxes, grand jurors, tythingmen, haywards, guagers, packers, sealers of weights and measures, weighers, pound-keepers, and other ordinary town officers, to serve for the year ensuing.

SECT. 24. In the election of town officers, the persons receiving 1852.

&c.

1858.

a plurality of votes for the respective offices shall be declared Plurality to elect elected, and the election of selectmen and town clerks by the towns

shall be by ballot.

SECT. 25. The boxes provided for the reception of votes for such 1865. town officers, as are elected by ballot, shall remain open for that Boxes, how long purpose, not less than three hours, from the opening of the meet

ing.

a

kept open.

SECT. 26. If any office in any town shall become vacant, by the Vacancies, how refusal, death or removal of the person appointed, such town in supplied. legal meeting may appoint another person to supply his place.

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