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516.

S62. Whenever a vacancy shall occur in any town office ART. 1. which justices of the peace are authorized to fill, and there shall Other va be less than three justices residing in the town in which such va- 18 Wend., cancy shall occur, the justice or justices residing in such town. may associate with themselves one or more justices of the peace from any adjoining town, as may be necessary to make the number of three; and such three justices shall have the like power to fill such vacancy as if they were respectively justices of the town in which the vacancy occurred. [1830, ch. 320, § 3.]

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 moneys.

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

3. To keep account of moneys 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.

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 state engineer and surveyor; expense how paid.

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

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and pay town mo

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

penalties.

S2. He shall prosecute in the name of his town, or otherwise, To sue for as 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.

S3. He shall keep a just and true account of the receipt and To keep acexpenditure of all moneys 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 To account. shall account with the justices of the peace and town clerk, of the town for the disbursement of all moneys received by him.'

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

board of

S6. The supervisor of each town shall attend the annual meet- To attend ing of the board of supervisors of the county, and every adjourned supervisors. or special meeting of such board, of which he shall have notice.1

12 R. L., 138, § 2; 280, § 31; Laws of 1819, p. 190, § 6.

TITLE 4.

To attend supervisors.

Ib.

When to cause sur

town.

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 moneys voted to be raised in his town, as shall be delivered to him by the town clerk.

$9. Whenever the supervisor of any town shall be required by vey to be the [state engineer and surveyor] to cause a survey to be made of made of his the bounds 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 [state engineer and surveyor]. 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.

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Penalty for neglect.

To have custody of

S10. If any supervisor shall refuse or neglect to perform the duties enjoined in the last preceding section, he shall forfeit the sum of fifty dollars.2

ARTICLE SECOND.
Duties of the Town Clerk.

SEC. 11. To keep records, books and papers of town, and to file papers.

12. To record minutes of the proceedings of town meetings.

13. To deliver certified copies of certain entries to supervisor.

14. To return to county clerk names of constables elected in his town.

15. Penalty for neglect to make such return.

16. Copies of papers, and transcripts from records certified by him, to be evidence.

11. The town clerk of each town in this state, shall have the books and custody of all the records, books and papers of the town; and he shall duly file all certificates of oaths, and other papers required by law to be filed in his office.

papers, &c.

Minutes, &c.

Copies of

entries.

Names of constables.

Penalty.

Certified

copies of papers, evidence.

14 Barb.,

319; 4 Seld., 67.

$12. He shall transcribe, in the book of records of his town, the minutes of the proceedings of every town meeting held therein; and he shall enter in such book every order or direction, and all rules and regulations, made by any such town meeting.s

S 13. He shall deliver to the supervisor, before the annual meeting of the board of supervisors of the county, in each year, certified copies of all entries of votes for raising money, made since the last meeting of the board of supervisors, and recorded in the town book.1

S 14. The town clerks, immediately after the qualifying of any constables chosen or appointed in their respective towns, shall return to the clerks of their respective counties, the names of such constables.5

$15. If any town clerk shall willfully omit to make such return, such omission is hereby declared to be a misdemeanor; and on conviction thereof, the person offending shall be adjudged to pay a fine not exceeding ten dollars.5

S 16. Copies of all papers duly filed in the office of the town clerk, including those filed with him as clerk of the commissioners of common schools, and transcripts from the book of records, certified by him, shall be evidence in all courts, in like manner as if the originals were produced.

12R. L., 136, 31: 1 id., 483, §§ 3 and 4. 2 Id., ib. 32 R. L., 131, § 12. 1 R. L., 287, § 23. $ 2 R. L. 128, 8; Laws of 1819, p. 31.

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BEC. 17. Persons having strays on their inclosed lands, between the first of November and first of
April, to deliver to town clerk, a note in writing, containing a description of each stray.

18. Consequences of neglect to deliver such note.

19. Town clerk to make entry of such notes; his fees therefor. 20. Book of entries to be kept open for inspection.

21. Compensation and charges to be paid to person delivering note; charges to be ascertained by fence viewers.

22. Fees of fence viewers; by whom to be paid.

23. If strays are not redeemed before first day of May, charges to be ascertained by fence viewer, and certificate to be given by him; his fees therefor.

24. Strays, if not redeemed, may be sold by public auction.

25. Notice of sale, how to be given.

26. Moneys arising from sale, how to be disposed of.

27. Residuary moneys, if not claimed by owner within one year, to be paid to supervisors. 28. Penalty for neglect to pay over such residuary moneys.

29. Cities considered towns for purposes of this article.

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writing to

ed.

S 17. Whenever any person shall at any time have any strayed Note in horse upon his inclosed land, or shall, between the first day of be deliverNovember in any year and the first day of April thereafter, have any strayed neat cattle or sheep upon his inclosed lands, such person shall, within ten days after the coming of any such stray thereon, deliver to the clerk of the town within which such lands shall be, a note in writing containing the name and place of abode of such person, and the age, color and marks, natural and artificial, of each stray, as near as may be.1

quences of

$18. If any person upon whose inclosed lands any such neat Conse cattle, horses or sheep shall come, shall neglect to deliver such omission. note in writing to the town clerk within the time above required, he shall be precluded from all the benefits of this article, and from all claim to compensation for keeping such strays.

town clerk.

S 19. The town clerk, on the receipt of every such note, shall Duty of enter the same at large in a book to be provided by him for that purpose; for which entry he shall receive six cents each for all neat cattle and horses, and three cents for each sheep, to be paid by the person delivering the note.1

$20. The book in which such entries shall be made shall always Ib. be kept open to inspection; and no fee shall be taken by the clerk for any search therein.'

the person

S21. The person delivering the note shall be entitled to receive Charges of therefor nine cents each for all neat cattle and horses, and three giving such cents for each sheep described in the note; and he may detain such note. strays until the owner thereof shall appear and pay such fees, together with the fees paid or due to the clerk, and all reasonable charges for keeping the stray; such charges being first ascertained by two of the fence viewers of the town, to be selected by the person claiming the same, in case he and the owner of the stray cannot otherwise agree.1

fence view.

ers.

$22. Each fence viewer shall be entitled to receive six cents for Fees of every mile he shall be obliged to travel from his house to the place where such strays are kept, and twenty-five cents for a certificate [352] of the charges, as ascertained by him; such fees to be paid by the owner of the strays.2

S23. Every person who shall deliver any such note and keep Proceedany stray described therein shall, if the same be not sooner claim- strays are

ings if

not redeem

12 R. L. 231, § 1. 2 Id. § 2.

ed.

TITLE 4 ed and redeemed, between the first day of May and the twentieth

Sale of strays.

Notice of sale.

Moneys arising

how disposed of

day thereafter, give notice to one of the fence viewers of the
town, whose duty it shall be to ascertain according to the best of
his knowledge and judgment the reasonable charges of keeping
such stray, a certificate whereof shall be given by him to the per-
son applying for the same. The fence viewer shall be entitled to
the like fees as above provided, to be paid by the person applying
for the certificate.1

$24. If no owner shall appear to claim such stray, on or before
the first day of May next after the making of such entry, or if the
owner shall refuse or neglect to pay the sums charged on such
stray, then the person who shall have delivered such note and
kept such stray may proceed to sell the same by public auction to
the highest bidder.2

$25. Such person shall give at least twenty days' previous notice of the time and place of such sale, by advertisement, to be posted up at three of the most public places in the town where the strays shall have been kept.2

S 26. Out of the moneys arising from such sale, he shall retain from sale, for his own use the sums charged on such strays for the aforesaid note in writing, entry and certificate, together with the sum specified in the certificate for keeping such strays, and the like charges for such sale as are allowed on sales under executions issued out of justices' courts. He shall pay the residue of said moneys, on demand, to the owner of the strays, if he shall appear to demand

Ib.

Ib.

Cities.

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the same.2

S 27. If the owner shall not appear and demand the residue of such moneys, within one year after the sale, he shall be forever precluded from recovering any part of such moneys; and the aforesaid residue shall be paid to the supervisor of such town, for the use of the town; and his receipt shall be a legal discharge to the keeper of such strays.2

$28. If the person who shall have sold such strays, shall not, within thirty days after the expiration of the year, pay such residuary moneys to the supervisor of the town, he shall forfeit to the town double the sum so remaining in his hands, together with the amount of such residuary moneys.2

$29. Each of the cities of this state shall be considered towns for the purposes of this article.3

ARTICLE FOURTH.

Of Division and other Fences.

SEC. 30. Owners of adjoining land to make and maintain division fences, unless either chooses to
let such land lie open.

31. Person who shall have chosen to let his land lie open, if he afterwards inclose it, to refund
or build his proportion.

32. Proportion to be paid or built by him, how ascertained.

33. Disputes concerning division fences, to be settled by fence viewers.

34. Manner in which fence viewers are to be selected.

35. Fence viewers to examine premises, &c.; if they disagree, another to be selected.

36. Decision of fence viewers to be reduced to writing and filed.

37. Damages from neglect to make or repair division fence, to be appraised by fence viewers,
and recovered by the party injured.

38. In case of continued neglect, fence may be made or repaired by the party injured.

39. Division fence may be removed after notice given, and with permission of fence viewers.

1 2 R. L., 231, § 2. 2 Id., § 3. • Id., § 1.

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SEC. 40. Party removing such fence without permission llable for damages.

41. Division fence destroyed by injury or casualty, how repaired.

42. Party refusing or neglecting to make such reparation, liable for damages.

43. Witnesses may be examined before fence viewers.

44. Persons who neglect to keep a regular ferce, not to recover damages in certain cases. 45. Fence presumed to be sufficient, until contrary be shown.

ART. 4.

fence to be

S30. Where two or more persons shall have lands adjoining, Division each of them shall make and maintain a just proportion of the maintained division fence between them, except the owner or owners of either 17 Wend., of the adjoining lands shall choose to let such land lie open.

320.

land shall

S 31. Where a person shall have chosen to let his land lie open, Ib. when if he shall afterwards inclose it, he shall refund to the owner of the have laid adjoining land, a just proportion of the value at that time, of any open. division fence that shall have been made by such adjoining owner; or he shall build his proportion of such division fence.

$ 32. The value of such fence, and the proportion thereof to Ib. be paid by such person, and the proportion of the division fence to be built by him, in case of his inclosing his land, shall be determined by any two of the fence viewers of the town.

ers to settle

S33. If dispute arises between the owners of adjoining lands, Any two concerning the proportion or particular part of fence to be main- fence viewtained or made by either of them, such dispute shall be settled dispute. by any two of the fence viewers of the town. [As amended, 1850, 9 do. 136. ch. 319.]

4 J. R, 414;

S34. When any of the above mentioned matters shall be sub- Ib. mitted to fence viewers, each party shall choose one; and if either neglect, after eight days' notice, to make such choice, the other party may select both."

of fence

$35. The fence viewers shall examine the premises, and hear Procedings the allegations of the parties. In case of their disagreement, they viewers. shall select another fence viewer to act with them, and the decision of any two shall be final upon the parties to such dispute, and upon all parties holding under them.

Ib.

$36. The decision of the fence viewers shall be reduced to [354] writing, shall contain a description of the fence, and of the proportion to be maintained by each, and shall be forthwith filed in the office of the town clerk.

default.

214: 3 Hill,

*S 37. If any person liable to contribute to the erection or Owners in reparation of a division fence, shall neglect or refuse to make and 11 Wend., maintain his proportion of such fence, or shall permit the same to 46; 18 do. be out of repair, he shall not be allowed to have and maintain 38. any action for damages incurred, but shall be liable to pay to the party injured all such damages as shall accrue to his lands, and the crops, fruit-trees and shrubbery thereon, and fixtures connected with the said land, to be ascertained and appraised by any two fence viewers of the town, and to be recovered with costs of suit; which appraisement shall be reduced to writing, and signed by the fence viewers making the same, but shall be only prima facie evidence of the amount of such damages. [1838, ch. 261, substituted for $37.]

$38. If such neglect or refusal shall be continued for the period b, of one month after request in writing, to make or repair such fence, the party injured may make or repair the same, at the exVOL. I.

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