CHAP. 5. shall be required, within three days from the day of receiving it, to summon each of the persons therein named, to appear before the town clerk, within seven days from the time of notice, to take the oath of office, by law required; and, at the end of ten days after receiving his warrant, the constable shall return the same, or forfeit six dollars for the use of the town; and the town shall allow him a reasonable compensation for his services. SECT. 14. Every person so notified, and neglecting so to appear, and take the oath required of him, within said seven days, which said clerk is authorized to administer, shall forfeit and pay five dollars to him, who shall inform and prosecute therefor (except those officers, for whose neglect a different penalty is provided,) two thirds for the use of the town, and the other third to the use of the pros ecutor. SECT. 15. When any town, plantation or parish officer, shall be sworn by the clerk of such corporation, he shall record his own certificate thereof formally and at full length; and when any such officer shall be sworn before any other person or magistrate, he shall give a formal and full certificate of the oath administered by him, officially signed, to the person sworn; and such person shall, within seven days, deliver such certificate to the clerk of the town, plantation or parish, and he shall record the same at full length, within seven days after receiving it, and if the clerk, or the person sworn, shall neglect his duty in the above particulars, he shall forfeit and pay five dollars to the use of the town. The clerk's fee for recording each certificate shall be five cents, to be paid by the town. Provided, that where a certificate of any town, plantation or school district clerk, entered on the record, is, that he has been duly elected into the office of clerk, or any other office, requiring an oath to be administered to him, and that he has taken the oath by law required, it shall be sufficient evidence that he holds such office, and has been duly sworn. SECT. 16. Whenever, by reason of non-acceptance, death or removal of any person, chosen into any town office, at any annual meeting, or at any other time, or by reason of insanity, or other incompetency, there may be a vacancy, or want of officers, the town may proceed to a new choice of officers; and they shall be duly sworn, if an oath is required, and have the same power as if elected at the annual meeting. SECT. 17. At every town meeting a moderator shall be first chosen, and sworn to the faithful and impartial discharge of the duties of his office, by a justice of the peace, or by the person presiding at the meeting when he is chosen: said moderator shall regulate the business of the meeting; and when a vote declared by him shall, immediately after such declaration, be questioned by seven or more, he shall make the vote certain by polling the voters, or in such other way, as the meeting may direct. SECT. 18. No person shall speak in meeting before leave is obtained of the moderator, nor when any other person is speaking; and all shall be silent at the command of the moderator, on pain of forfeiting one dollar for every breach of such order, for the use of the town. 16 Mass. 335. SECT. 19. If any person, after notice from the moderator, per- CHAP. 5. sist in any disorderly conduct, the moderator may direct him to Same subject. withdraw from the meeting, and, by his refusal, he shall forfeit three 1821, 114, § 3. dollars to the use of the town; and the moderator may cause him to be removed from the meeting by a constable, and detained in confinement for three hours, unless the meeting shall be sooner dissolved or adjourned. state officers. 1821, 114, § 3. Folded votes not to be re SECT. 20. Town meetings for the choice of governor, senators Meetings for and representatives, shall be as the constitution directs: and the the choice of foregoing sections are not to be deemed applicable to such meetings. SECT. 21. The moderator, or other person presiding at any town meeting, shall not receive any vote folded or doubled, and shall not permit any person, without the consent of the voter, to read or not to be exexamine the name or names written on his ballot, with a view of amined to asascertaining the name of the candidate, before the poll is closed by didate's name, the moderator, on penalty of twenty dollars, to be recovered on indictment. ceived. Votes certain the can closed. till the poll is 1821, 114, § 4. Powers of money, and 1834, 130. 3 Pick. 462. Pick. 187. SECT. 22. The qualified voters of any town, at any legal town meeting, may grant and vote such sums, as may be necessary for the towns to raise maintenance and support of schools and the poor; and for making make by-laws. and repairing highways and town ways and bridges, purchasing and 1821, 114, § 6. fencing burying grounds, and other necessary charges, arising within 13 Mass. 272. the same; and may make such orders and by-laws for managing 3 Greenl. 191. the prudential concerns of the town, as they may judge conducive 6 to the good order and peace of the same, and annex penalties, not exceeding five dollars for any one offence; provided, such orders or by-laws shall be approved by the county commissioners, and provided, that in all prosecutions for penalties for the breach of the by-laws of any city or town, the costs of prosecution shall be a Costs to be deproper charge against such city or town, and shall be paid out of the treasury thereof. SECT. 23. The inhabitants of every town are declared to be a body corporate and politic, and, as such, may sue and be sued, and appoint agents or attorneys. 11 Pick. 396. 12 Pick. 227. Penalties. frayed by the towns. Towns declar- rations. served. SECT. 24. The bounds of all townships shall remain as hereto- Town boundafore granted, settled and established, and the lines between towns ries to be preshall be run once in every five years, except as mentioned in the 1821, 114, § 8. twenty sixth and twenty seventh sections. tions. How cord made. SECT. 25. The selectmen of the most ancient town shall give of perambulaten days notice, in writing, to the selectmen of the adjoining towns, notice shall be of the time and place of meeting for perambulation; and the select- given, and a remen, who shall neglect their duty in notifying or attending in person, 1821, 114, § 8. or by substitutes, shall forfeit and pay ten dollars, two thirds to the 15 Pick. 44. use of the town, which shall comply with their duty, and the other third to any two or more of the selectmen of the town complying, to be recovered, at any time within two years after the forfeiture is incurred; and the proceedings of such selectmen, after every such renewal of boundaries, shall be recorded in their respective town books. SECT. 26. All towns, which, since the twenty second day of Where towns March, in the year eighteen hundred and twenty eight, have peram- erect stone bulated, or hereafter shall perambulate their several lines, as by law lines may be monuments, perambulated once in ten years only. 1838, 340. CHAP. 5. prescribed, and have established, or shall establish and set up stone monuments, at least two feet high, at all the corners and several angles, and where the line shall cross highways, or on or near the banks of all rivers, bays, lakes or ponds, which said lines may cross, or which are the boundaries of said lines, shall be exempted from the duty of perambulating said lines, except once in every ten years, commencing in ten years from the time, the stone monument has been erected, in the manner above described. Commissioners appointed by the S. J. C. to settle lines. 1832, 43, § 1. Their proceed ings. Their compensation. 1832, 43, § 2. SECT. 27. When a town shall petition the supreme judicial court, stating that a controversy exists between such town and an adjoining one, and praying, that the same may be run by commissioners, to be appointed by such court, the court may, after due notice being given to all parties concerned, appoint three commissioners, who shall, after giving notice to all persons interested of the time and place of meeting, ascertain and determine the line or lines in dispute, and describe the same by courses and distances, and make, set, and mention in their return, suitable monuments and marks for the permanent establishment of such lines, and make duplicate returns of their proceedings; one of which shall be returned to the court, and the other to the office of the secretary of state; and such line or lines, so established and accepted, shall be deemed, in every court of law, and for every purpose, the true dividing line or lines between such towns. SECT. 28. The court may allow the commissioners a proper compensation for their services, and issue a warrant of distress for its collection, according to law, of said towns, in equal proportions. 61 SECT. 22. Of votes marked, or on colored SECT. 47. If no choice be made, new meet- CHAP. 6. paper. 23, 24. 25. When no choice of repre- 26. Provisions for the choice of cer- 28. Clerks to transmit returns of votes 30. New certificates to be returned in | 31. How authenticated. 32. How sealed and returned. 33. Of filling vacancies by towns not ARTICLE I. ings to be called. 48. If a choice, copies of the lists to be furnished to the 51. Of notice in contested elections. 53. General provisions in case of neg- 55. Also of selectmen, for not prepar- 58. Penalties for neglect of require- 60. Neglect of person entrusted with returns. 61. County attorney's duty when noti- 64. Forfeiture by military officers pa- 65. How the penalties in the two pre- 67. Sale of ardent spirits prohibited 70. The same may be sold. 71. How avails of sale may be dispos- OF LISTS OF ELECTORS. selectmen by e 1821, 115, §1. 12 Pick. 485. SECTION 1. The selectmen of every town shall, on or before List of voters to the eleventh day of August in each year, make out a correct alpha- be prepared by betical list of such inhabitants of their respective towns, as shall leventh of Augappear to them to be constitutionally qualified to vote in the election ust, annually. of governor, senators and representatives in the state government. SECT. 2. In every town, where the selectmen are not the asses- If selectmen sors, the assessors shall, on or before the first day of August in each are not assesyear, make out, according to their best judgment, a correct list of lists to be made the persons qualified as aforesaid, and deliver the same to the select-out by assessors. men, for their information, and to be by them revised and corrected. sors, previous 1821, 115, § 1, CHAP. 6. Special meet men to correct certain cases. SECT. 3. In every town, having, by the census of the United States then last taken, more than three thousand inhabitants, the ings of select selectmen shall be in open session, for the purpose of receiving lists of voters in evidence of the qualifications of persons claiming the right to vote in any such election, and for correcting their said list, for a reasonable time, not exceeding two days, between the eleventh and eighteenth days of August of each year; and shall give notice of the time and place of their session, in the same manner, as meetings of the inhabitants of said town may be notified. Notice of such meetings. 1833, 89, § 1. Such lists to be deposited with town clerk and posted up. 1831, 518, § 1. Names of qual ified voters to be inserted, whether they apply or not. 1831,518, 61,2. Subsequent alterations. 1831, 518, § 2. When select to correct the lists. SECT. 4. On or before the twentieth day of August, annually, the selectmen of every town shall deposit in the office of the town clerk, and shall also post up, in one or more public places in the town, a list of electors prepared and revised as in the preceding sections. SECT. 5. The selectmen, at any regular session for correcting such list, shall place thereon the name of every person known by, or proved to them to be qualified as aforesaid, whether such person applies therefor or not. SECT. 6. After such list is prepared and deposited with the clerk, and posted up, as provided in the preceding sections of this chapter, the selectmen shall not add thereto, nor strike out the name of any person, except as provided in the four following sections. SECT. 7. In every town, containing, by such last census, more men shall meet than three thousand inhabitants, the selectmen shall be in open session for a reasonable time, for the purpose of correcting such list, on the Friday and Saturday next preceding the second Monday of September, annually. 1833, 89. § 1. Same subject. SECT. 8. In every town, containing more than two thousand 1821, 115, § 2. qualified electors, the selectmen shall be in open session for a reasonable time, on the day preceding any election of governor, senators, representatives in the state legislature, or in congress, or of electors of president and vice president of the United States, and previously, if they see cause, for the purpose of hearing and deciding on applications of persons claiming the right to vote at such election; provided, that if the election be appointed for Monday, such previous session shall be held on Saturday, instead of such preceding day. Same subject. 1831, 518, § 2. 1837, 300, Notice to be meetings. SECT. 9. In every town, the selectmen shall be in session on the day of any such election, to receive and decide on such appli1. cations, at some convenient place, for so long a time immediately preceding the opening of the polls, as they shall think necessary, and shall hear and determine any such application, at any time before the polls are closed; provided, that when the town contains five thousand inhabitants, or more, no such application shall be received after three o'clock in the afternoon of said day. given of such 1821, 115, § 1. 3 Greenl. 305. Lists of elec SECT. 10. The selectmen shall order notice of the time and place of all their sessions, required or authorized in the three preceding sections, to be given in the warrant for calling the respective town meetings. SECT. 11. The selectmen of every town shall make out a tors of town of correct and alphabetical list of the inhabitants in their respective ficers. |