CHAP. 6. Three to con stitute a quo rum. 1837, 300, § 3. When towns are classed, amine votes for how called. 1831, 518, § 9. SECT. 45. At any session required by the preceding section, any number of aldermen, if not less than three, shall be considered a quorum. SECT. 46. Whenever two or more towns are classed, agreeably to the constitution of this state, for the purpose of choosing a repremeetings of se- sentative to the legislature, the selectmen of the oldest town in such lectmen to ex- district shall appoint a time and place of meeting of the selectmen of representative, the several towns in such district, and give reasonable notice thereof to such selectmen, for the purpose of examining copies of the lists of votes for representatives, in the manner prescribed by the constitution, where no time nor place of meeting has been otherwise established. When thus assembled, the selectmen of the towns so classed shall, by a majority of votes, reckoned by towns, determine the time and place for their future meetings in said district, for the purpose aforesaid, and such time and place shall continue fixed, until altered by a like vote. If no choice be made, new meetings to be called. 1832, 2, § 1, 2. If a choice, cop- to be furnished If a vacancy happen, further proceedings. 1833, 81, 5. Same subject. SECT. 47. Whenever, at any such meeting of selectmen, on comparing the lists of votes, it shall appear that no person has been elected, the selectmen of the several towns shall issue their warrant, in legal form, for another meeting, to be held three weeks after such first meeting, in their respective towns, at the same hour, and at the same place; and the selectmen of such towns shall again meet, within four days after such second trial, as provided in the constitution. If, at such meeting of the selectmen, it shall still appear that no choice has resulted, the same proceedings shall be repeated every three weeks, until a choice shall be made and declared. SECT. 48. Whenever an election of a representative shall appear to the selectmen, assembled as aforesaid, to have been made, they shall deliver to the person, so elected, certified copies of the lists of votes, within ten days after election, or sooner, if required by the person so elected ; but it shall not be necessary for the clerks of the towns to seal them up, nor to cause such copies to be delivered into the secretary's office. SECT. 49. Whenever, in any district, the selectmen of the oldest town shall be duly notified, or be otherwise satisfied, that the seat of the representative of such district has been vacated, they shall, as soon as may be, leaving a convenient time for calling meetings in the several towns, appoint a day for another election to supply such vacancy, and shall notify the selectmen of the other towns, accordingly. SECT. 50. The selectmen of the several towns shall call meet1833, 81, 5. ings upon the day appointed, and the like proceedings shall then be had, as is required by the constitution and laws, for the election of representatives on the second Monday of September, and shall meet, within four days thereafter, to examine the lists of votes, and if a choice be effected, shall deliver copies of the lists to the person elected, as provided in section forty eight; otherwise such proceedings shall be had, as are provided in section forty seven. Of notice in SECT. 51. Whenever any person shall intend to contest, before contested elec- the house of representatives of this state, the right of any person to his seat therein, who shall have been duly returned as a member thereof, he shall notify the person, so returned, of such intention, at least twenty days before the first Wednesday of January, by tions. 1825, 310. 1830, 479. delivering to him in hand, or leaving at his last and usual place of CHAP. 6. abode, in writing, a specification of his objections to the validity of such return; provided, the meeting, at which the person returned claims to have been elected, shall have been held at least thirty days before the first Wednesday of January; and depositions may be then taken, as provided in section twenty four, of chapter one hundred and thirty three. SECT. 52. Whenever any person, resident in any unincorpo- of voters in unrated place, adjacent to any town or organized plantation in a rep- places. incorporated resentative district, shall give or send in his name to the selectmen 1833, 72, § 2. of such town, or assessors of such plantation, on or before the first day of June, he shall be entitled to vote in all elections of state or county officers, members of congress, electors of president and vice president; provided, he be in other respects a qualified elector, and continues his residence as aforesaid, or if he removes to said town; and the selectmen shall place his name on the list of voters, and receive his vote accordingly. ARTICLE IV. PENAL PROVISIONS AND REGULATIONS AFFECTING THE PURITY OF ELECTIONS. certain other § 8, SECT. 53. If any selectman, or other town, city or plantation General provisofficer, or any selectman or other such officer chosen pro tempore, ions in case of neglect or misshall wilfully neglect or refuse to perform any of the duties required conduct of seof him, or shall wilfully authorize, or permit to be done, any thing lectmen and prohibited, either by the constitution of this state, or by the several officers. provisions of this chapter, he shall, for each offence, forfeit a sum 1821, 115 not less than fifty, nor exceeding five hundred dollars, to be recov- 1622, 187. ered by indictment, to the use of the state, and suffer imprisonment 1836, 249, § 1. 1833, 81, § 2. in the county jail, not longer than nine, nor less than three months, 1 Fairf. 109. or either of said punishments; except where otherwise expressly provided in this chapter. 9, 17. neglect of the SECT. 54. If any constable, or other person legally required to Punishment for summon the qualified voters of any city, town or plantation, to give warning officer. in their votes for governor, senators, representatives to the legisla- 1830, 472. ture of this state, or to congress, or for a county treasurer or register of deeds, or of electors of president and vice president of the United States, shall wilfully refuse, or neglect to summon such voters, agreeably to law, and make due return of such warrant within the proper time, he shall forfeit a sum not less than fifty, nor more than two hundred dollars, to be recovered by indictment, one half to the use of the state, and the other half to the use of the complainant. paring and pub SECT. 55. If the selectmen of any town, or assessors of any Also of selectplantation, shall wilfully neglect to deposit lists of qualified voters men for not prewith the town or plantation clerk, and to post up such lists as are fishing lists of required in section four, they shall severally forfeit, for such offence, voters. not less than fifty dollars, nor more than one hundred dollars; and for each day's neglect, after the twentieth day of August, and until the election then next ensuing, they shall severally forfeit the sum of thirty dollars. 1831, 518, § 1. SECT. 56. If such selectmen or assessors shall wilfully neglect And for not usor refuse to keep and use a check list, as provided in section twenty and for receiv ing check lists CHAP. 6. one, or shall wilfully receive any vote prohibited by the twenty second section, they shall severally forfeit not less than fifty, nor more than one hundred dollars. ing illegal votes. 1831, 518, § 3. 1838, 343, 1,3. Penalties in the two preceding sections, how recovered. 1831, 518, § 3. 1838, 343, 1, Penalties for neglect of requirements of sections 30, 31 and 32. 1831, 518, § 6. Also for false certificates in such case. 1831, 518, § 6. Neglect of per son entrusted with returns. County attorney's duty, when notified any return. SECT. 57. The penalties in the two preceding sections shall be recovered, in an action of debt, in the name, and to the use, of the inhabitants of the town or plantation where the offence is committed; to be commenced and prosecuted to final judgment, at the 3. request of any qualified voter in such town or plantation, by the treasurer thereof, unless he be one of the delinquent officers, and in that case, by one of the constables. SECT. 58. If any selectman or other officer of any city, town or plantation, or selectman or other officer thereof, chosen pro tempore, shall wilfully neglect or refuse to perform the duties required by the thirtieth, thirty first and thirty second sections, on notice of the loss and destruction of any such return, as is therein described, he shall forfeit not less than one hundred, nor more than five hundred dollars, to be recovered by indictment, to the use of the state. SECT. 59. Any such selectman, or other officer, whether permanent or pro tempore, who shall, in such case, make a false certificate, and make oath to the truth thereof, shall, on conviction thereof, suffer the pains and penalties provided against the crime of perjury, in section one, of chapter one hundred and fifty eight, and be also disqualified from holding any office under the constitution and laws of this state, for ten years. SECT. 60. Every person, to whom the returns of votes of any city, town, or plantation, for governor, senators, or representatives in congress, shall be entrusted, by the clerk thereof, for the purpose of forwarding them to the office of the secretary of state, who shall wilfully neglect to use all proper means for the delivery thereof, within the time required by the constitution and laws, shall forfeit, for such neglect, not less than one hundred, nor more than five hundred dollars, to the use of the state, to be recovered by indictment, or be imprisoned in the county jail, for a term, not less than two, nor more than six months, at the discretion of the court having cognizance thereof. SECT. 61. Every county attorney, who shall receive from the of state a certificate, that the return of the votes of any secretary of the failure of town, city or plantation in his county, for governor, senators, or representatives in congress, has not been duly received at the secretary's office, shall immediately ascertain, so far as he may be able, by the default of what officer of such town, or other person, such neglect may have happened, and demand of such officer, or other person, if he finds such default wilful, or caused by culpable negligence, the sum or sums forfeited by such neglect; and, if the same be not immediately paid, prosecute such delinquent according to law; and all sums, thus recovered, shall enure to the use of the Liability of town officers modified. 1831, 518, § 5. state. SECT. 62. In no case, shall any officer of any city, town, or plantation, incur any punishment or penalty, or be made to suffer in damages, by reason of his official acts or neglects, unless the same shall be unreasonable, corrupt, or wilfully oppressive; provided, that the neglect to prepare the list of voters, to deposit it in the misconduct of any elector. the town clerk's office, or to post it up, as required in this chapter, CHAP. 6. or to call town, city, or plantation meetings for elections, or to cause returns of votes, or copies thereof, to be delivered into the office of the secretary of state, as required by the constitution and laws of this state, or to make the records by law required, shall be deemed unreasonable, unless the contrary be made to appear. SECT., 63. If, at any meeting for the election of any public Punishment for officer, where a list of voters is necessary, any person shall wilfully cast his vote before the presiding officer shall have had opportunity to find his name on said list, or if he shall vote, knowing that his name is not on said list, or shall wilfully give any false answer or statement to the selectmen, or other officers previously preparing such list, or presiding at such meeting, in order that his name may be entered on such list, or his vote received; or if any person shall give in more than one vote at any one balloting, or be disorderly at any such meeting, he shall forfeit, for each offence, not exceeding one hundred dollars, nor less than ten dollars. 1821, 115, § 7, 10, 15, 16. SECT. 61. If any officer of the militia shall parade his men, Forfeiture by or exercise any military command, on any day of election of any cers' parading military offipublic officer, such as is described in section seventy eight of chap- their men on ter sixteen, and not thereby excepted, or except in time of war or days of elecpublic danger, he shall, for each offence, forfeit not less than ten, 1821, 115, § 13. nor more than three hundred dollars. SECT. 65. The penalties, provided in the two preceding sections, may be recovered by indictment, one half to the use of the state, and the other half to the use of the complainant. SECT. 66. If any person shall, by bribery, menace, wilful falsehood, or other corrupt means, directly or indirectly, attempt to influence any elector of this state in giving his vote or ballot, or to induce him to withhold the same, or disturb or hinder him in the free exercise of the right of suffrage, at any election in this state, held under any of the provisions of the constitution, or of this chapter, he shall, on indictment and conviction thereof, be deemed guilty of a misdemeanor, and be fined, not more than five hundred dollars, or be imprisoned, for a term not exceeding one year, or both, at the discretion of the court, and shall also be ineligible to any office in this state, for the term of ten years. tion. 1834, 121, 31. How the penalpreceding sec ties in the two tions shall be recovered. 1821, 115, § 17. Punishment for bribery and corruption at elec tions. 1835, 190, § 1, ed within 200 rods of any SECT. 67. No person shall sell, or expose to sell, or furnish to Sale of ardent be drunken, within the distance of two hundred rods from any spirits prohibitplace, where the inhabitants of any town or plantation in this state shall be assembled in legal town meeting, for the purposes of state, meeting. 1326, 333, § 1. county, town or plantation elections, or choice of electors of president of the United States, or other public business, any rum, gin, wine, or any other strong liquors, or erect any booth or tent for that purpose, unless he be a licensed innholder or retailer, in pursuit of his ordinary business, at his usual place of prosecuting the same. to be seized and SECT. 68. Any justice of the peace, or selectman of such town, Liquors and or assessors of such plantation, who may be present, or have knowl- other materials edge of the violation of any of the provisions of the preceding detained. section, may, in writing, order any constable of the town to seize 1826, 333, § 1. any such liquors, or any carriages, or vessels, containing the same, or any booths or tents erected within said limits, for the purpose of exposing such strong liquors for sale. CHAP. 6. Same subject. 1826, 333, § 1. The same may be sold. 1826, 333, § 2. How avails of sale may be dis1826, 333, § 2. posed of. SECT. 69. The constable, to whom such order shall be delivered, shall thereupon seize all such liquors, carriages, vessels, and the materials of any such tent or booth, and hold and detain the same, until twenty four hours after the adjournment of the meeting, then to be delivered, on demand, to the person, from whom the said articles were taken, or to the lawful owner, on payment of three dollars for the safe keeping of the articles. SECT. 70. If the same be not thus demanded, within twenty four hours after the seizure thereof, the same shall be exposed to sale by auction, by the constable seizing them, after forty eight hours notice of the time and place of sale shall have been posted up in two or more public places in such town or plantation, unless in the mean time redeemed, by payment of said sum, and the reasonable expense of advertising. SECT. 71. The proceeds of the sale, after deducting the aforesaid expenses, and the charges of sale, to be taxed as on a sale of personal property taken on execution, shall be paid over to the person, from whom such articles were taken, or the lawful owner thereof. Secretary's 1823, 212. CHAPTER 7. OF THE SECRETARY OF STATE. SECT. 1. Secretary's oath and duties. 2. Acting secretary, in case of va- 3. Bonds required of secretary and 4. Secretary to give notice of appoint- 6. Distribution of the laws. 7. To prepare commissions for the SECT. 8. Registry of commissions delivered, and certificates of qualification filed. 9. Bills to be engrossed under his direction. 10. What proceedings to be had, when commissioner of the treasury is appointed. 11. Blank election returns to be fur. nished to towns. SECTION 1. The secretary of state shall take and subscribe the oath and duties. oath or affirmation prescribed by the constitution, and shall keep his office at the 'seat of government, and shall keep and preserve in such office, at the expense of the state, all the records, as required by the constitution, and have the custody of the state seal. Acting secre vacancy. 1822, 195. SECT. 2. When a vacancy shall happen in the office of secretary in case of tary, in the recess of the legislature, by death, resignation, or otherwise, the governor, with advice of the council, shall appoint a suitable person to act as secretary of state, until one shall be elected by the legislature, and he shall take the oath required to be taken by the elected secretary; and the person thus appointed shall have the same compensation, to be paid quarter yearly, as the secretary of the state would be entitled to, in proportion to the time, such per son shall perform the duties of his appointment, |