sor 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, 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 executions which shall be delivered to him for collection, by virtue of his office. Conditions. § 9. The supervisor or town clerk shall, if approved, To be approved. indorse such approval on such instrument, which shall be his approval of the sureties therein named, and then shall 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. actions. § 10. All actions against a constable or his sureties, up- Limitation of on such instrument, shall be prosecuted within two years after the expiration of the year for which the constable named therein shall have been elected or appointed. &c. § 11. If any person, chosen or appointed to the office Effect of neglect of collector or constable, shall not give such security and to take oath, take such oath as is required above, within the time limited for that purpose, such neglect shall be deemed a re fusal to serve. § 12. If any person, chosen or appointed to the office Penalty for reof supervisor, town clerk, assessor, commissioner of high- fusing to serve. ways or overseers of the poor, shall refuse to serve, he shall forfeit to the town the sum of twenty-five dollars. Overseers and § 13. If any person, chosen or appointed to the office Penalty against of overseer of highways or pound-masters, shall refuse to poundmasters. serve, he shall forfeit to the town ten dollars. filed. § 14. If any town officer, who is required by law to Penalty for acttake the oath of office, shall enter upon the duties of his of- ing before oath fice before he shall have taken such oath, he shall forfeit to the town the sum of fifty dollars. § 15. Town officers, except justices of the peace and Tenure of offices • constables, shall hold their office for one year, and until others are chosen or appointed in their places and are qualified. The justices of the peace and constables shall hold their offices for four years, or until others are chosen and qualified. ARTICLE SEVENTH. Vacancies in town offices, and the manner of filling them. Vacancies, how by warrant under 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; and in case any town in any county wherein township organization has been adopted, or shall hereafter be adopted, shall refuse or neglect to organize for the election of officers, the board of supervisors may annex said town to any adjoining town, and the said town so annexed shall hereafter form and constitute a part of said adjoining town. § 2. The justices and supervisors or town clerk making Warrant of ap- such appointment, shall cause such warrant to be forthwith pointments to be filed. filed in the office of the town clerk, and forthwith give notice to each person appointed. § 5. The justices of the peace of a town may, for sufResignations. ficient 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 such notice thereof to the town clerk of the town. rator. ARTICLE EIGHTH. § 1. The moderator chosen by the electors to preside Duties of mode- at the annual or special town meeting, shall regulate the business and proceedings thereof, and shall decide all questions of order, and shall make public declaration of all votes passed. When any vote so declared by him shall, upon such declaration being questioned by one or more of the electors present, he shall make the vote certain by causing the voters to rise and be counted or by dividing off. Disorderly per with. § 2. If any person shall conduct in a disorderly mansons, how dealt ner, and after notice from the moderator, shall persist therein, the moderator may order him to withdraw from the meeting, and on his refusal, may order a constable or other person to take him from the meeting and confine him in some convenient place, until the meeting shall adjourn, and the person so refusing to withdraw shall, for such offence, further forfeit a sum not exceeding ten dollars, for the use of the town. fined for expo § 3. If any moderator shall, at any town meeting, beModerator to be fore the poll is closed, read or examine, or permit any persing ballots. son to read or examine the names on any voter's ballot, with the view of ascertaining any candidate voted for by him, such moderator shall forfeit to the use of the town the sum of twenty-five dollars. Oath to be taken § 4. Before the moderator, or the presiding officer of town meeting, shall enter upon the duties of his office, by moderator. he shall take an oath faithfully and impartially to discharge any the duties of such office; which oath may be administered by the town clerk or other proper officer. ARTICLE NINTH. § 1. The supervisor of each town shall receive and pay Supervisors to over all moneys raised therein, for defraying town charges, give bond. except those raised for the support of highways and bridges. Said supervisor shall give bond, with one or more sureties, conditioned for the faithful discharge of his duties in relation to the town revenue. Such bond to be approved by When suit to be brought. to the town clerk, and filed in his office, with such approval indorsed thereon. Whenever the town clerk shall ascertain that such bond has been forfeited, he shall institute suit, in the name and for the use of the inhabitants of the town, against such supervisor. § 2. He shall prosecute, in the name of his town or oth- Supervisors erwise, as may be necessary, for all penalties of fifty dol- bring suits in lars and under, given by law to such town, or for its use, and for which no other officer is specially directed to prosecute; and no person shall be disqualified from being a witness or juror in such suit, by reason of his being an inhabitant of said town. certain cases. § 3. He shall keep a just and true account of the re- To keep acct'sceipts and expenditures of all moneys which shall come into his hands by virtue of his office, in a book to provided for that purpose, at the expense [of the town,] and said books to be delivered to his successor in office. § 4. On Tuesday preceding the annual town meeting, To settle. he shall account with the justices of the peace and town clerk of the town, or a majority of them, for the disbursement of all moneys received by him, in his official capacity. § 5. At every such accounting the justices and town Certificate. clerk, or a majority of them, shall enter a certificate in the supervisor's office book of accounts, showing the state of his accounts at the date of the certificate. § 6. The supervisor of each town shall attend the an- Supervisors to nual meeting of the board of supervisors of the county, and attend mee ings of boar. at every adjourned or special meeting of said board, of which he shall have notice. § 7. He shall receive all accounts which may be pre- To receive a sented to him against the town, and shall lay them before counts, &c. the board of town auditors, at or before their annual meeting. § 8. He shall lay before the board of supervisors such Further duties. copies of entries concerning moneys voted to be raised in his town, as shall be delivered to him by the town clerk. § 9. If any supervisor shall refuse or shall wilfully neg- Penalty for a >lect to perform any of the duties of his office contained in glect." the preceding section, he shall forfeit to the town the sum of fifty dollars, and be disqualified to act as the supervisor of said town. Town clerk to have custody of records, &c. To enter minutes, &c. pervisor copies of certain tries, &c. ARTICLE TENTH. § 1. The town clerk of each town in this state shall have the custody of all 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. § 2. He shall transcribe in the book of records of hist town, the minutes of the proceedings of every town meeting held therein, and he shall enter in his book every order or direction, and all rules and regulations by any such town meeting. To deliver to su- § 3. He shall deliver to to the supervisor, before the anen-nual 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. names of justi bles. mission. To return the § 4. The town clerk, immediately after the election or ces and consta- appointment of any justice of the peace, or the qualifying of any constables elected or appointed in their respective towns, shall return to the county clerk of their respective counties the names of such justices and constables. Penalty for o- § 5. If any town clerk shall wilfully omit to make such return, such omission is hereby declared to be a misdemeanor, and on conviction thereof, the person so offending shall be adjudged to pay a fine not exceeding ten dollars. Cortified copies § 6. Copies of all papers duly filed in the office of the town clerk 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. records to be evidence. Board of auditors. Their duties. filed. ARTICLE ELEVENTH. § 1. In each town the supervisors, town clerk and justice of the town shall constitute a board of auditors to examine the accounts of the overseers of the poor and the commissioners of highways for such town, for moneys received and disbursed by them. § 2. The board of auditors of town accounts shall meet for the purpose of examining the same annually, in each town. in the state, on the Tuesday preceding the annual town meeting to be held in such town. Accounts to be § 3. The accounts so audited [shall] be delivered, with the certificate of the auditors, or a majority of them, to the town clerk, to be by him kept on file for the inspection of any of the inhabitants of the town. They shall also be produced by the town clerk at the next annual meeting, and shall be there read by him. Charges against towns. § 4. The board of auditors, composed of the same officers then in office, shall, at the same time and place as in section two, examine and audit all charges and claims against their respective towns, and the compensation of all town officers, except supervisors, for county services. be laid before § 5. The said board shall make a certificate, to be signed When audited to by a majority of said board, specifying the nature of the board of superclaim or demand, and to whom the amount is allowed, and visors. shall cause said certificate to be delivered to the town clerk of said town, to be by him kept on file for the inspection of any of the inhabitants of said town, and the aggregate amount shall be delivered to the supervisor, to be by him laid before the board of supervisors, at their annual meeting. The board of supervisors shall cause the amount of said charges to be levied upon the property of said town, and collected as other taxes are levied and collected. The How paid. c'aims and compensation audited and allowed shall be read to the electors at the next annual meeting as directed in section three. ARTICLE TWELFTH. § 1. The following town officers shall be entitled to com- Compensation. pensation, at the following rates, for each day necessarily devoted by them to the service of the town in the duties of their respective offices: § 2. The town clerk, assessor, overseer of the poor, and Rate of fees. commissioners of highways, shall receive for their services one dollar and fifty cents per day, when attending to business out of town-one dollar for business in their town: Provided, that the town clerk shall be paid fees for the following and not a per diem-for serving notices of election upon town officers, as required by law, twenty-five cents each; for filing any paper required by law to be filed in his office, ten cents each; for posting up notices required by law, twenty-five cents each; for recording any order or instrument of writing authorized by law, six cents for each one hundred words; for copying any record in his office and certifying the same, six cents for every one hundred words, to be paid by the person applying for the same. § 3. The pound-master shall be allowed the following Pound-master's fees for his services, to wit: for taking into the pound, and fee. discharging therefrom every horse, ass, or mule and all neat cattle, ten cents each; for every sheep or lamb, three cents each; and for every [hog,] large or small, five cents. ARTICLE THIRTEENTH. towns. § 1. Whenever any controversy or cause of action shall Suits between exist between any towns of this state, and between any town and individual or corporation, such proceedings shall be had, either at law or equity, for the purpose of trying and finally settling such controversy, and the same shall be |