1. The annual meeting of each town shall be held in the month of March or April; and other meetings shall be held at such other times as the selectmen shall order. R. S. c. 15, § 18. The annual meeting may be held in the month of February in any town which, at a legal meeting notified therefor, shall vote so to do. Stat. 1837, c. 52. That towns may avail themselves of the above provision, a change would seem necessary in the third and fourth sections of chapter third in the Revised Statutes, regulating the return of tax bills by collectors and the making out and posting up of lists of voters by selectmen. R. S. c. 3, 3, and 5. 2. Every town meeting shall be held in pursuance of a warrant under the hands of the selectmen, directed to the constables or some other persons, appointed by the selectmen for that purpose, who shall forthwith notify such meeting, in the manner which shall have been ordered by the by-laws, or by any vote of the town. R. S. c. 15, $ 19. Where the warrant was signed by one selectman only, "by order of the selectmen," the meeting was held to be illegal, and its proceedings void. 6 Met. 340. 3. The selectmen may, by the same warrant, call two or more distinct town meetings for distinct purposes. Ib. § 20. 4. Warrants for town meetings need not have seals annexed to them. R. S. c. 15, § 19. 10 Mass. 105. 5. The warrant shall express the time and place of the meeting, and the subjects to be there acted upon; and nothing acted upon shall have any legal operation, unless the subject matter thereof shall have been inserted in the warrant for calling the meeting. R. S. c. 15, § 21. 6. To render valid a vote of a town granting money for any particular object, it is not necessary that the warrant for the neeting should state specifically, that the inhabitants will be called to act on the question of granting money for that purpose, if the subject to be acted on is distinctly stated, and it is one which will be likely to require a grant of money. 9 Pick. 97. 21 Pick. 68. 7. The selectmen shall insert in the warrant all subjects, which may, in writing, be requested of them by any ten or more voters of such town. R. S. c. 15, § 22. 8. If the selectmen of any town shall unreasonably refuse to call a meeting, any justice of the peace of the county, upon the application of ten or more legal voters of the town, may, if he shall think proper, call such meeting, by a warrant under his hand, directed to the constables of the town, if any there be, and otherwise, to any of the persons applying therefor, directing them to summon the inhabitants qualified to vote in town affairs, to assemble at the time and place and for the purpose expressed in the warrant. Ib. § 23. 9. If by reason of death, resignation, or removal from town, a major part of the selectmen originally chosen in any town shall vacate their office, those who remain in of fice shall have the same power to call a town meeting, as the whole number first chosen would have had. lb. $ 24. 10. Any town meeting may be adjourned from time to time, and to such place, within the town, as the meeting shall determine. Ib. § 25. 11. If it appears of record that a town meeting was regularly called and held, and officers chosen, without any objection on account of deficiency in warning, any anterior irregularity provable only by parol, cannot vitiate the choice of any officers had at such meeting. 1 Pick. 113. 12. If persons should vote, not legally authorised, without being challenged, it would not vitiate the proceedings. 3 Pick. 243. 13. At all the town meetings, except those held for the election of governor, lieutenant governor, senators, representatives in the general court, representatives in Congress, electors of president and vice-president of the United States, and county commissioners, a moderator shall be first chosen. Ib. § 26. 14. At all meetings for the election of governor, lieutenant governor, senators, representatives in the general court, representatives in Congress, electors of president and vice-president of the United States, and county commissioners, the selectmen shall preside. Con. c. 1, § 2, art. 2. Ib. c. 2, § 1, art. 3. lb. c. 2, § 2, art. 1. R. S. c. 5, § 6. Ib. c. 6, § 3. Ib. § 16. R. S. c. 14, § 17. 15. During the election of a moderator, the town clerk, if present, shall preside; and if there shall be no town clerk in office, or he shall be absent, the selectmen shall preside; and the town clerk and selectmen, respectively, shall, in such case, have all the powers, and perform all the duties of a moderator. R. S. c. 15, § 27. 16. The moderator shall preside in the meetings, for which he is chosen, and shall regulate the business and proceedings thereof; he shall decide all questions of order, and shall make public declaration of all votes passed; and when any vote so declared by him, shall, immediately upon such declaration, be questioned by seven or more of the voters present, he shall make the vote certain by polling the voters, or dividing the meeting, unless the town. shall, by a previous vote, or by their by-laws, have otherwise provided. Ib. § 28. 17. No person shall speak in the meeting, before leave first obtained of the moderator, nor while any other person is speaking by his permission; and all persons shall be silent at the request of the moderator. Ib. § 29. 18. If any person shall conduct himself in a disorderly manner, 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 the constables or any other persons to take him from the meeting and confine him in some convenient place, until the meeting shall be adjourned; and the person so refusing to withdraw, shall, for such offence, forfeit a sum not exceeding twenty dollars to the use of the town. lb. § 30. 19. The moderator of any town meeting may, in open meeting, administer the oaths of office to any town officers chosen thereat. 20. For provisions in relation to meetings for elections, see title "Elections." TOWN OFFICERS, AND THEIR ELECTION. 1. What town officers to be cho- | do not serve. to be apointed by 9. Town clerks to give notice to persons elected that they may be sworn. 10. Penalty for not taking the oath of office. 11. Town offices vacated by removal from town. 12. Vacancies may be filled by a new choice. 13. No person obliged to serve two years successively in the same office. 1. At the annual meeting, every town shall choose from among the inhabitants, the following town officers, who shall serve during the year, and until others shall be chosen and qualified in their stead, that is to say : A town clerk, who, if present, shall be sworn to the faithful discharge of his duty, either by the moderator of the meeting, or by any justice of the peace. Three, five, seven or nine selectmen : Three or more assessors, and if the town shall deem it expedient, three or more assistant assessors: Three or more overseers of the A town treasurer: poor: A school committee of three, five or seven persons: Constables, who shall also be collectors of taxes, unless other persons shall be specially chosen collectors: Tythingmen, unless the town shall vote that it is not ex pedient to choose the same: Field drivers : Fence viewers : Surveyors of lumber : Measurers of wood and bark, unless the town shall authorise the selectmen to appoint them : |