Suits, how brought.

Time of notice.

On whom served.

conducted in the same manner, and the judgment or decree therein shall have the like effect as in other suits or proceedings of a similar kind between individuals and corpo

rations.

§ 2. In all such suits and proceedings, the town shall su and be sued by its name, except where town officers sha.l be authorized by law to sue in their name of office, for the benefit of the town.

§ 3. But no towns, or their officers, shall be required to appear, answer or plead to any such suit or action at the first term of the court after the commencement thereof, (when the same shall be commenced in the circuit court) unless the process afcresaid shall be served as herein directed, at least thirty days before the commencement of the

term.

§ 4. In all legal proceedings against the town by name, the first process, and all other proceedings required to be served, shall [be] serve 1 on the supervisor of the town, and whenever any suit or proceeding shall be commenced, it shall be the duty of the supervisor to attend to the defence Duty of super- thereof, and to lay before the electors of the town, at the first town meeting, a full statement of such suit or proceeding, for their direction in regard to the defence thereof.

visor.

Witnesses jurors.

Buits, how brought.

and

Buits for trespass on town lands.

§ 5. On the trial of every action in which a town wil be a party or interested, the electors and inhabitants of such town shall be competent witnesses and jurors, except that in suits and proceedings by and against towns no inhabitant of either town shall be a juror.

§ 6. Any person [action] in favor of a town which, if brought by an individual, could be prosecuted before a justice of the peace, may be prosecuted by such town in like manner, before any such justice, but no action to recover shall be brought [before] any of the justices of the peace residing in the town for the benefit of which the same is prosecuted, but all such actions may be brought before any one of the justices of the peace residing in any other town in the same county.

§ 7. Whenever any [action] shall be brought to recover a penalty imposed for any trespass committed on the lands belonging to the town, if it shall appear on the trial thereof that the actual amount of injury to such town lands, in consequence of such trespass, exceeds the sum of twelve dollars and fifty cents, then the amount of the actual damage, with costs of suit, shall be recovered in said action, instead of any penalty for the same trespass imposed by the town meeting, and such recovery shall be a bar to every other suit for the same trespass.

Power of courts § 8. Whenever by any decree or decision in any suit or to partition. proceeding brought to settle any controversy in relation to town commons, or other lands the common property of

town, or for the partition thereof, the right of any town shall be settled and confirmed, the court in which such proceeding shall he had may partition such lands according to right of the parties.

§ 9. In all suits or proceedings prosecuted by or against Costs. towns, or by and against town officers, in their name of office, costs shall be recovered as in like cases between individuals. Judgments recovered against a town or against town officers, in actions prosecuted by or against them in their name of office, shall be a town charge, and when levied and collected shall be paid to the person or persons to whom the same shall have been adjudged.

ARTICLE FOURTEENTH.

§ 1. Whenever the inhabitants of any town shall deter- Pounds. mine, at an annual town meeting, to erect one or more pounds therein, the same shall be kept under the care and direction of such pound-masters as shall be chosen or appointed for that purpose.

§ 2. The inhabitants of any town may, at any annual May be discon town meeting, discontinue any pounds therein.

§ 3. The following shall be deemed town charges: 1st. The compensation of town officers for services rendered their respective towns.

2d. Contingent expenses necessarily incurred for the use and benefit of the town.

3d. The moneys authorized to be raised by the vote of a town meeting for any town purposes, and

4th. Every sum directed by law to be raised for any town

purpose.

tinued.

Town charges.

§ 4. The moneys necessary to defray the town charges How raised. of each town, shall be levied on the taxable property in such town, in the manner prescribed in the act for raising revenue and other moneys for state and county purposes and expenses.

mand books.

§ 5. Whenever the term of any supervisor, town clerk, Successors to decommissioner of highways or overseers of the poor shall expire, and other persons shall be elected or appointed to such office, it shall be the duty of such successor or successors, immediately after he or they shall have entered on the duties of the office, to demand of his or their predecessor all the books and papers under his or their control belonging to such office.

§ 6. Whenever either of the officers above named shall Vacancies. resign, or the office become vacant in any way, and another person shall be elected or appointed in his stead, the person so elected or appointed shall make such demand of his predecessor, or of any person having charge of such books and papers.

out of office, their duty.

Persons going § 7. It shall be the duty of every person so going out of office, whenever thereto required, pursuant to the foregoing provisions, to deliver, upon oath, all the records, books and papers in his possession, or in his control, belonging to the office held by him; which oath may be administered by the officer to whom such delivery shall be made. It shall also be the duty of every supervisor, commissioner of highways and overseers of the poor, so going out of office, at the same time, to pay over to such successor the balance of moneys remaining in his hands, as ascertained by the audi

Executors, their duties.

Powers of counties.

Restrictions.

tors of town accounts.

§ 8. Upon the death of any of the officers enumerated, the successor of such officer shall make such demand as above provided, of the executors or administrators of such deceased officer, and it shall be the duty of such executors or administrators to deliver, upon the like oath, all records, books and papers in their possession, or under their control, belonging to the office held by their testator or intestate.

ARTICLE FIFTEENTH.

§ 1. Each county as a body corporate has capacity1st. To sue and be sued, in the manner prescribed by law.

2d. To purchase and hold land within its own limits, and for the use of its inhabitants, subject to the power of the general assembly over the same.

3d. To make such contracts, and to purchase and hold such personal property, as may be necessary to the exercise of its corporate or administrative powers; and

4th. To make such orders for the disposition, regulation or use of its corporate property as may be deemed conducive to the interests of its inhabitants.

§ 2. No county, under this organization, shall possess or exercise any corporate powers except such as are enumerated in this act, or shall be specially given by law, or shall be necessary to the exercise of the powers so enumerated or given.

Proceedings, in § 3. All acts and proceeding by or against a county in what name to its corporate capacity, shall be in the name of the board of be carried on. supervisors of such county, but every conveyance of land

Powers of coun

within the limits of such county, made in any manner for

the use and benefit of its inhabitants, shall have the same effect as if made to the board of supervisors.

§ 4. The powers of a county as a body politic can only ty, how execu-be exercised by the board of supervisors thereof, or in pursuance of a resolution by them adopted.

ted.

ARTICLE SIXTEENTH.

§ 1. The supervisors of the several cities and towns of Meeting of suthe counties of this state that shall adopt the town system pervisors. under this act, shall meet annually, in their respective counties, for the dispatch of business, as a board of supervisors. They may also hold special meetings, at such times and places as they may find convenient, and shall have power to adjourn from time to time, as they may deem necessary. § 2. The annual meetings of the board of supervisors Time of meetshall be holden on the second Monday in September in each ing. and every year, at the county seat, and if the court-house be deemed convenient, to be held therein.

§ 3. The board of supervisors, at their first meeting in Organization. every year, shall organize by choosing one of their number. as chairman, who shall preside at all meetings of the board during the year. In case of his absence at any meeting the members present shall choose one of their number as temporary chairman.

§ 4. The board of supervisors of each county in this Power of board state, shall have power, at their annual meetings, or at any of supervisors. other meeting

1st. To make all such orders, concerning the corporate property of the county, as they may deem expedient.

2d. To audit all accounts chargeable against such county, and to direct the raising of such sums as may be necessary. to defray the same.

3d. To audit the accounts of town officers and other persons, against their respective towns, as are not otherwise by law provided for, and to direct the raising of such sums as may be necessary to defray the same.

4th. To appropriate funds to aid in the construction of roads and bridges in any part of their respective counties, whenever a majority of the whole board of the county n ay deem it proper and expedient.

5th. To perform all other duties, not inconsistent with this act, which may be required of or enjoined on them by any law of this state to the county courts.

§ 5. A majority of the supervisors of any county shall Quorum. constitute a quorum for the transaction of business, and all questions which shall arise at meetings shall be determined by the votes of the majority of the supervisors present, except in such cases as is otherwise provided.

6. The board of supervisors shall sit with open doors, Open doors. and all persons may attend their meetings.

§ 7. Every chairman of the board of supervisors shall Oaths. have power to administer an oath to any person, concerning any matter submitted to the board, or connected with their powers and duties.

Clerk.

His duties.

His compensation.

Counts.

Duty of cleiks.

§ 8. The clerk of the county court shall be clerk of the board of supervisors, and whose general duty shall be1st. To record in a book, to be provided for that purpose, all the proceedings of the board.

2d. To make regular entries of all the resolutions or decisions on all questions concerning the raising or payment of moneys, or for the regulating of affairs under their control.

3d. To record the vote of the supervisors on any question submitted to the board, if required by any member of the board.

4th. File and preserve all accounts acted upon by the board.

§ 9. The clerk shall receive a reasonable compensation for his services, to be fixed by the board, to be paid by the county.

Records and ac- § 10. The books, records, and accounts of the board of supervisors shall be deposited with the clerk, and shall be open without reward, to the examination [of all persons.] § 11. It shall be the duty of the clerk to designate upon every account upon which any sum shall be audited and allowed by the board, and the charges for which the same was allowed, and he shall deliver to any person who may demand it, a certified copy of any account on file in his office, on receiving from such person five cents for every one hundred words contained in said copy.

Court-houses and jails.

poor.

§ 12. It shall be the duty of the several boards of supervisors, as often as it shall be necessary, to build courthouses and jails, or cause the same to be repaired, in their respective counties, at the expense of such counties.

§ 13. It shall be the duty of the board of supervisors to Poor-houses and take charge of the poor, and the management of the poorhouse in their respective counties that is given to the county commissioner's court, and the overseers of the poor of the several towns shall be accountable to and their compensation shall be audited by the board of supervisors, and paid by the county.

zors.

§ 14. Each member of the board of supervisors shall Pay of supervi- be allowed a compensation for his services and expenses in attending the meeting of the board, or for attending to any other business for the benefit of the town or county, at the rate of one dollar and fifty cents per day, to be audited by the board and paid by the county.

§ 15. If any supervisor shall wilfully refuse or neglect Penalty for neg- to perform any of the duties which are or shall be required lect of duty of him by law, as a member of the board of supervisors, he shall, for every such offence, forfeit the sum of two hundred dollars.