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SEC. 21. Constables to take oath of office, and to give security.

22. Sureties how to be approved of. Certified copy of instrument evidence.

23. Suits against constables and sureties, to be brought within two years.

24. Collector or constable neglecting to give security, or constable neglecting to take
oath, deemed a refusal to serve.

25. Supervisor and certain other officers to forfeit fifty dollars for refusing to serve.
26. Commissioners of schools and certain other officers to forfeit ten dollars for such
refusal.

27. Quakers not liable to penalty for not serving as assessors.

28. Affirmation to be made and filed by them.

29. Penalty on town officers who are required to take oath, for acting without taking it.

30. Town officers to hold for one year, and until successors have qualified.

ART. 2.

$11. No person shall be eligible to any town office, unless he Who eligible. shall be an elector of the town for which he shall be chosen. 18

$12. No loan officer, appointed under the act of the 14th of Loan officer. March, 1792, entitled, "An act for loaning monies belonging to this state,” shall during his continuance in that office, be eligible to the office of supervisor.

fice.

$ 13. Every person chosen or appointed to the office of supervi- oath of of sor, town clerk, assessor, overseer of the poor, commissioner of highways, or town sealer, before he enters on the duties of his office, and within ten days after he shall be notified of his election or appointment, shall take and subscribe before some justice of the peace, or commissioner of deeds, the oath of office prescribed in the sixth Article of the constitution of this state. 18

$14. Such oath shall be administered without reward, and the I. justice or commissioner, before whom the same shall be taken, shall also without reward, certify in writing the day and year when the same was taken, and shall deliver such certificate to the person by whom the oath was made. 18

$ 15. Such person within eight days thereafter, shall cause the b certificate to be filed in the office of the town clerk.18

take oath.

$ 16. If any person chosen or appointed to either of the town offi- Neglect to ces above enumerated, shall not take and subscribe such oath, and cause the certificate thereof to be filed as above required, such neglect shall be deemed a refusal to serve. 18

ceptance.

$ 17. Every person chosen or appointed to the office of overseer Notice of at of highways, or commissioner or inspector of common schools, or pound-master, before he enters on the duties of his office, and within ten days after he shall be notified of his election or appointment, shall cause to be filed in the office of the town clerk, a notice in writing signifying his acceptance of such office.19

file notice of

$ 18. If any person chosen or appointed to either of the offices Neglect to named in the last section, shall not cause such notice to be filed, such acceptance. neglect shall be deemed a refusal to serve.

19

(18) 2. R L. 125, § 1; 2 R. L. 129, §7; Laws of 1821, p. 120; 1823, p. 207, § 4. (19) Laws of 1821, p. 120, § 1 & 3.

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TITLE 3.

Collector to give bond,

Ib.

Constable fo take oath and

$ 19. Every person chosen or appointed to the office of collector, before he enters on the duties of his office, and within eight days after he receives notice of the amount of the taxes to be collected by him, shall execute to the supervisor of the town and lodge with him, a bond with one or more sureties, to be approved of by such supervisor, in double the amount of such taxes, conditioned for the faithful execution of his duties as such collector.20

$20. The supervisor shall within six days thereafter, file such bond, with his approbation endorsed thereon, in the office of the county clerk, who shall make an entry thereof, in a book to be provided for the purpose, in the same manner in which judgments are entered of record; and every such bond shall be a lien on all the real estate held jointly or severally by the collector or his sureties, within the county, at the time of the filing thereof; and shall continue to be such lien, till its condition, together with all costs and charges which may accrue by the prosecution thereof, shall be fully satisfied.20

S21. Every person chosen or appointed to the office of constable, give security. before he enters on the duties of his office, and within eight days after he shall be notified of his election or appointment, shall take and subscribe the oath of office prescribed by the constitution, and shall execute, in the presence of the supervisor or town clerk of the town, with one or more sureties, to be approved of by such supervisor or town clerk, an instrument in writing, by which such constable and his sureties shall jointly and severally agree to pay to each and every person who may be entitled thereto, all such sums of money as the said constable may become liable to pay, on account of any execution which shall be delivered to him for collection.21

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I.

Ib. Limita

thereon.

$22. The supervisor or town clerk shall endorse on such instrument, his approbation of the sureties therein named, and shall then cause the same to be filed in the office of the town clerk; and a copy of such instrument, certified by the town clerk, shall be presumptive evidence in all courts, of the execution thereof by such constable and his sureties.21

$ 23. All actions against a constable or his sureties, upon any tion of suits such instrument, shall be prosecuted within two years after the expiration of the year for which the constable named therein shall have been elected.22

Refusal to

sorve.

S24. If any person chosen or appointed to the office of collector or constable, shall not give such security and take such oath, as is above required, within the time limited for that purpose, such neglect shall be deemed a refusal to serve.2

23

(20) 2. R. L. 126, § 1; Laws of 1823, p. 400, § 26. (21) 2 R. L. 126, § 1. (22) Ib. 137. (23) Ib. 129, § 7.

$25. If any person chosen or appointed to the office of supervisor, ART. 3. town clerk, assessor, commissioner of highways, or overseer of the Penalties poor, shall refuse to serve, he shall forfeit to the town the sum of fifty therefor. dollars.24

$26. If any person chosen or appointed to the office of commis- Ib. sioner or inspector of common schools, overseer of highways, poundmaster, or town sealer, shall refuse to serve, he shall forfeit to the town, the sum of ten dollars.2

24

sen assessor.

$27. No quaker or reputed quaker, chosen or appointed to the Quaker chooffice of assessor, shall be liable to such penalty, if he shall affirm, within three days after receiving notice of his election or appointment, that he has conscientious scruples about executing the duties of said office.25

$28. Such affirmation shall be made before some one of the justi- Ib. ces of the town, who shall, without reward, certify in writing, the day and year when the same was taken, and deliver such certificate to the person by whom such affirmation was made, and such person, within eight days thereafter, shall cause said certificate to be filed in the office of the town clerk.

acting with

$ 29. If any town officer who is required by law to take the oath Penalty for of office, shall enter upon the duties of his office, before he shall have out oath. taken such oath, he shall forfeit to the town the sum of fifty dollars.25

$ 30. Town officers shall hold their offices for one year, and until Tenure of others are chosen or appointed in their places, and have qualified.26

ARTICLE THIRD.

Of Vacancies in Town Offices and the mode of supplying them.

SEC. 31. Where town neglects to choose, justices may appoint by warrant.

32. Warrant to be filed with town clerk: notice to be given.

33. Justices may, on cause shown, accept the resignations of town officers.

34. In case of certain vacancies, special town-meeting to be called.

35. In certain cases, if vacancy be not supplied within fifteen days by such town-meet-
ing, justices may appoint.

36. Vacancies in certain offices, how supplied.

office.

lect to

ces to ap

$31. If any town shall neglect, at its annual town-meeting, to If town neg choose its proper town officers, or either of them, it shall be lawful choose, justi for any three justices of the peace of the said town, by warrant un- point der their hands and seals, to appoint such officers; and the persons so appointed shall hold their respective offices until others are chosen or appointed in their places, and shall have the same powers and be subject to the same duties and penalties, as if they had been duly chosen by the electors.27

(24) 2 R. L. 129, § 9; Ib. 130, § 10; Laws of 1821, p. 120, § 1 & 3. (25) 2 R. L. 129, 9 & 10. (26) 2 R. L. 125, § 1. (27) Ib. 127, § 5.

TITLE 4.

$32. The justices making such appointment, shall cause such warrant to be forthwith filed in the office of the town clerk, who shall where filed, forthwith give notice to the person appointed.

Appointment

&c.

Resignation of town offi

cers.

Special townmeeting to

$33. Any three justices of the peace of a town may, for sufficient cause shown to them, accept the resignation of any town officer of their town; and whenever they shall accept any such resignation, they shall forthwith give notice thereof to the town clerk of the town. $ 34. If any person chosen or appointed to the office of supervisor, supply vacan- commissioner of highways, or overseer of the poor, shall refuse to serve, or shall die, or resign, or remove out of the town, or become incapable of serving before the next annual town-meeting after he shall have been chosen or appointed, the town clerk shall, within eight days after the happening of such vacancy, call a special townmeeting for the purpose of supplying the same,28

cies.

Ib. when justices to ap

point.

Other vacan. cies.

$35. If the electors shall not, within fifteen days after the happening of such vacancy, supply the same by an election at town-meeting, the same shall be supplied by the justices of the town, in the like manner and with the like effect as above provided.28

$ 36. Vacancies in all town offices, except the office of supervisor, assessor, commissioner of highways, overseer of the poor, collec tor, or overseer of highways, shall be supplied by the justices of the town, in the manner provided in the thirty-first section of this Title. Vacancies in the office of collector shall be supplied in the manner prescribed in Chapter thirteen, and vacancies in the office of overseer of highways, in the manner prescribed in Chapter sixteen of this act.

TITLE IV.

OF THE GENERAL DUTIES OF CERTAIN TOWN OFFICERS, AND OF
VARIOUS MATTERS CONNECTED THEREWITH.

ART. 1.-Duties of the supervisor.

ART. 2.-Duties of the town clerk.

ART. 3.-Of strays.

ART. 4.-Of division and other fences.

ART. 5.-Of the board of auditors of town accounts.

ART. 6. Of the compensation of town officers.

ARTICLE FIRST.

Duties of the Supervisor.

SEC. 1. To receive and disburse, certain town monies.

2. To sue for all penalties of $50 or under, given to his town, for which no other offi

cer is directed to sue.

3. To keep account of monies received and disbursed by him.

4. To account annually to justices and town clerk.

5. Certificate of the state of his accounts to be made by them.

(28) 2 R. L. 127, § 5.

SEC. 6. To attend meetings of the board of supervisors of his county.
7. To receive accounts to be laid before board.

8. To lay before board of supervisors, copies of entries received from town clerk.
9. To cause survey and map to be made of his town when required by surveyor-gene-
ral; expense how paid.

10. To forfeit $50 if he neglects the duties enjoined in the last section.

ART. 1.

and pay town

§ 1. The supervisor of each town shall receive and pay over all To receive monies raised therein for defraying town charges, except those rais- monies. ed for the support of highways and bridges, of common schools, and of the poor, where poor monies shall be raised.29

penalties.

S2. He shall prosecute in the name of his town, or otherwise, as To sue for may be necessary, for all penalties of fifty dollars or under, given by law to such town or for its use, and for which no other officer is specially directed to prosecute.

counts.

$ 3. He shall keep a just and true account of the receipt and ex- To keep acpenditure of all monies which shall come into his hands by virtue of his office, in a book to be provided for that purpose, at the expense of the town, and to be delivered to his successor in office.

§ 4. On the Tuesday preceding the annual town-meeting, he shall To account. account with the justices of the peace and town clerk, of the town, for the disbursement of all monies received by him.29

$5. At every such accounting, the justices and town clerk shall enter a certificate in the supervisor's book of accounts, showing the state of his accounts at the date of the certificate.

board of su

$6. The supervisor of each town shall attend the annual meeting To attend of the board of supervisors of the county, and every adjourned or spe-pervisors. cial meeting of such board, of which he shall have notice.29

$7. He shall receive all accounts which may be presented to him . against the town, and shall lay them before the board of supervisors, at their next meeting.

$8. He shall also lay before the board of supervisors such copies of entries concerning monies voted to be raised in his town, as shall be delivered to him by the town clerk.

cause survey

his town.

$9. Whenever the supervisor of any town shall be required by When to the surveyor-general to cause a survey to be made of the bounds of to be made of his town, it shall be the duty of such supervisor, within sixty-days thereafter, to cause such survey to be made, and to transmit by mail, or otherwise, a map and description thereof to the surveyor-general. The expense of such survey and map shall be defrayed by the several towns, whose bounds either wholly or in part shall be described thereby; such expense to be apportioned by the board of supervisors of the county.30

(29) 2 R. L. 138, § 2; 280, § 31; Laws of 1819, p. 190, § 6. (30) 2 R. L. 136, § 31 ; 1 R. L. 483, § 3 & 4.

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