appropriate the same, to the support of the schools of such town, in the same manner it should have been appropriated, if it had been regularly raised by the town for that purpose. Ib. $61.

5. Nothing contained in R. S. ch. 23, shall affect the right of any corporation, which is or may be established in any town, to manage any estate or funds, given or obtained for the purpose of supporting schools therein, or, in any wise, to affect any such estate or funds; but such corporate powers and such estate and funds shall remain, as if these provisions had not been enacted. Ib. § 59.

6. Whenever a suitable place shall have been designated by any town or school district, for the erection of a school house and necessary buildings, agreeably to the provisions of the title "School Districts," and the owner of the land shall refuse to sell the same, or shall demand therefor a price which, in the opinion of the selectmen, is unreasonable, the said selectmen, with the approbation of the town, may proceed to select at their discretion a school house lot, and lay out the same, not exceeding in quantity forty square rods, and to appraise the damages to the owner of such land, in the same way and manner as is provided for laying out townways and appraising damages sustained thereby; and, upon payment, or tender of payment, of the amount of such damages, by the town or district designating such school house lot, to the owner thereof, the said land shall be taken, held, and used, for the purpose for which it is designated. St. of 1848, c. 237, § 1.

7. Whenever the owner of such land shall feel aggrieved by the selection and location of such lot, and the damages awarded, he shall be entitled to have the matter of complaint tried by a jury, which may be applied for within one year after the location of such lot, and shall be ordered accordingly by the county commissioners; and the jury shall have the power to change the location, and assess the

damages, and the proceedings shall, in all respects, be conducted in the same manner as is provided in cases of damages by laying out highways; and if the damages shall be increased, or the location be changed, by the jury, the damages and all charges shall be paid by the town or district for whose benefit the lot is selected, otherwise the charges, which may arise on such application, shall be paid by such applicant. And the land so taken shall be held and used for no other purpose than that contemplated in this act, and shall revert to the owner, his heirs or assigns, upon the discontinuance thereon, for one year, of such school as is now, or may hereafter be, required of the town or district by law. lb. § 2.

SELECTMEN.

1. How chosen and qualified. 2. To be assessors of taxes if others are not chosen, and to take assessor's oath.

3. To be overseers of the poor if

others are not chosen.

4. To be the board of health if others are not chosen.

5. Penalty for acting before taking the oath of office."

1. The Selectmen are to be chosen at the annual meeting, by written ballots, and to be sworn to the faithful discharge of the duties of their office. See ante pp. 22 & 23. 2. Selectmen are to be assessors of taxes when ther persons are not specially chosen to that office, and shall take the assessors' oath. R. S. ch. 15, §§ 52 & 53.

3. Selectmen are to be overseers of the poor when other persons are not chosen to the office. lb. § 52.

4. In case a town shall not choose any board of health or health officer, the selectmen shall be the board of health. R. S. ch. 21, $ 1.

5. Every person, elected to the office of selectmen of any town, who shall enter upon the performance of the

duties of his office before taking the oath of office, shall forfeit to the use of his town, a sum not exceeding one hundred dollars for each offence. R. S. ch. 15, § 54.

1

1. DUTIES OF SELECTMEN AS TO JURORS.

Qualifications of jurors.

2. Persons exempted from serv

ing.

3. Members of the fire depart.

ment.

4. Selectmen to prepare lists of persons qualified.

5. Lists, subject to approval and alteration by the town.

6. Names to be put into a box. 7. Name of a person convicted, &c. to be withdrawn.

8. Jurors to be selected by drawing their names.

9. Names, when and how to be drawn.

10. When grand jurors are drawn at the same time with jurors for trials.

11. May be drawn in town meeting

12. Date of each draft to be indorsed on the ballot.

13. No person liable to serve more than once in three years.

14. Clerks to issue writs of venire facias

15. Jurors to be equally apportioned.

16. Venires, how distributed and served.

17. Jurors, at what time to be drawn.

18. Jurors to be summoned and venire returned by constable.

19. Additional venires may be issued in term time.

20. Fines on jurors neglecting to attend.

21. Special provisions for Nantucket and Dukes county.

22. Fines on officers and others for neglect.

23. Same in cases of highways, mills, &c.

24. Punishment for fraud in drawing jurors.

25. Jury for alteration of highways or estimation of damages occasioned by laying out the same.

26. Penalty for non-attendance. 27. Jury to assess damages for flowing lands and laying out turnpikes and rail roads.

28. Jury on cominitments to State Lunatic Hospital.

29. Jury on discharge of incurable lunatics, &c.

30. Jury on commitment of t natics not furiously mad. 31. Fees of Jurors.

1. All persons who are qualified to vote in the choice of representatives in the general court, shall be liable to be drawn as jurors, except as is hereinafter provided. R. S. ch. 95, § 1.

2. The following persons shall be exempted from serving as jurors, to wit:

The governor, lieutenant governor, members of the council, secretary and treasurer of the Commonwealth, all

judges and justices of any court, except justices of the peace, all county and special commissioners, clerks of courts, registers of probate, and registers of deeds, sheriffs and their deputies, coroners, constables, and criers of the courts, marshals of the United States and their deputies, and all other officers of the United States, counsellors and attorneys at law, settled ministers of the gospel, officers of colleges, and preceptors and teachers of incorporated academies, practising physicians and surgeons regularly licensed, cashiers of incorporated banks, and constant ferrymen, and all persons who are more than sixty-five years old. Ib. § 2.

No member of the Senate or of the House of Representatives, or the officers of either of those branches, shall during the session of the general court, be required to perform the duty of a juror. St. 1838, ch. 21.

3. All members of the fire department, in the city of Boston, shall be exempted from serving as jurors; and all engine men and members of the fire departments, in other towns, may be exempted by their respective towns, by vote at any legal town meeting. R. S. ch. 95, § 3.

4. The selectmen of each town shall, once at least in every three years, prepare a list of such inhabitants of the town, not exempted as aforesaid, as they shall think well qualified to serve as jurors, being persons of good moral character, of sound judgment, and free from all legal exceptions, which list shall include not less than one for every one hundred inhabitants of the town, and not more than one for every sixty inhabitants, computing by the then last census. Ib. § 4.

5. The list, when so prepared, shall be laid before the town, and the town may alter it, by adding thereto the names of any persons liable to serve, or by striking any names therefrom. Ib. § 5.

6. The selectmen shall cause all the names, borne on

the said list, to be written, each on a separate paper or ballot, and shall roll up or fold the ballots, so as to resemble each other as much as possible, and so that the name written thereon shall not be visible on the outside; and they shall place the ballots in a box, to be kept by the town clerk for that purpose. 1b. § 6.

7. If any person, whose name is so placed in the jury box, shall be convicted of any scandalous crime, or be guilty of any gross immorality, his name shall be withdrawn from the box by the selectmen, and he shall not be returned to serve as a juror. lb.

7.

8. All jurors, whether required to serve on a grand jury, or a traverse jury, or by force of the laws relating to highways or mills, or any other occasion, except a coroner's inquest, shall be selected by drawing ballots from the said box, and the persons, whose names are borne on the ballots, so drawn, shall be returned to serve as jurors. lb. $8.

9. When any jurors are to be so drawn, the town clerk and selectmen shall attend at the clerk's office, or at some other public place appointed for that purpose, and if the own clerk is absent, the selectmen may proceed without im; and the ballots in the jury box shall be shaken and mixed together, and one of the selectmen shall openly draw therefrom as many ballots, without seeing the names written thereon, as shall be equal to the number of jurors 'equired; and if any person so drawn is exempted by law, or is unable, by reason of sickness, or absence from home, o attend as a juror, or if he shall have served as a juror in any court, within three years then next preceding, his name shall be returned into the box, and another shall be drawn in his stead. Ib. § 9.

10. Whenever grand jurors shall be drawn at the same ime with jurors for trials, the persons, whose names are irst drawn, to the number of grand jurors required, shall