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Sealers of leather, and all other usual town officers. R. S. c. 15, 33.

2. All the town officers, designated by name in the preceding section, except the overseers of the poor, tythingmen and the school committee, shall be sworn to the faithful discharge of the duties of their respective offices. Ib.

3. The election of town clerks, selectmen, assessors, school committees and town treasurers, and also of the moderator of the meetings, held for the choice of town officers, shall be by written ballots; and the election of all other town officers shall be in such mode as the meeting shall determine. R. S. c. 15, § 34.

4. The word "written," includes printing, engraving, lithographing, or any other mode of representing words and letters. R. S. c. 2, § 6.

5. Every town which shall neglect to make choice of selectmen or assessors, shall forfeit a sum not exceeding five hundred nor less than one hundred dollars, as the county commissioners of the county, in which such town is, shall order. R. S. c. 15, § 35.

6. In case of such neglect to choose selectmen or assessors, the county commissioners may appoint three or more assessors for such town. Ib. § 37.

7. Whenever neither the assessors nor the selectmen, chosen by any town, shall accept the trust, or, having accepted it, shall not perform the duties thereof, the county commissioners may appoint three or more suitable persons, within the county, to be assessors of taxes, for such town; and the assessors so appointed, shall have the like powers, and be subject to the like duties, and receive the like compensation, as assessors chosen by the town. Ib. § 36.

8. The selectmen of each town shall, in the month of March or April, annually, appoint the following town officers, unless the inhabitants themselves, at their annual meeting, shall choose them, namely:

One sealer of weights and measures; and any other number, which the inhabitants shall, at their annual meeting, vote to have appointed.

As many measurers of fire-wood and bark, (whose fees shall be also established by the selectmen,) as the inhabitants shall at their annual meeting determine :

The selectmen of every town, which has town scales, for the weighing of hay, shall appoint one or more persons to have the superintendence of the hay scales belonging to their town. Ib. 38.

9. After the election or appointment of any town officers, who are required to take an oath of office, the town clerk shall forthwith make out a list, containing the names of all such officers, as shall not have been sworn by the moderator, and a designation of the offices to which they are chosen, and deliver the same, with his warrant, to a constable, requiring him, within three days, to summon each of the officers, so chosen, to appear and take the oath of office, before the town clerk, within seven days after such notice; and the constable shall, within seven days, make return of the warrant to the town clerk. Ib.

39.

10. If any person so chosen, and summoned, and not exempted by law from holding the office, to which he is elected, shall not, within seven days, take the oath of office, before the town clerk, he shall, unless the office to which he is chosen shall be that of constable, or some other for which a different penalty is provided, forfeit the sum of five dollars to the use of the town; provided, always, that every such person, who shall take the oath of office, before a justice of the peace, and file a certificate thereof, under the hand of such justice, with the town clerk, within the said space of seven days, shall be exempted from said penalty. Ib. 40.

11. Every person, removing from a town in which he

held a town office, shall be deemed thereby to have vacated such office. Ib. 41.

12. Whenever there shall be a vacancy in any town of fice, by reason of non-acceptance, death, removal, insanity or other disability of any person chosen to office, the town may fill such vacancy, by a new choice at any other legal meeting. Ib. 42.

13. No person shall be obliged to serve in the same office two years successively. Ib. 43.

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1. Assessors are to be chosen by written ballot, and to be sworn. R. S. c. 15, 33, 34.

2. The assessors' oath of office, shall be in substance as follows:

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You, being chosen assessors, or an assessor (as the case may be) for the town of for the year ensuing, do swear, that you will impartially, according to your best skill and judgment, assess and apportion all such taxes, as you may, during that time, be directed to assess, and that you will faithfully discharge all other duties of said office. R. S. c. 15, § 55.

3. In all towns, where assistant assessors are or may be chosen, they shall, in their respective wards or districts, assist the assessors, in taking a list of the ratable polls, in

estimating the value of the real and personal estate, in said wards or districts, and in making out lists of persons, qualified to vote at elections in said towns. Ib. § 56.

4. Assistant assessors shall be sworn to the faithful discharge of the duties of their office. Ib.

5. If any assessor after having notice of his election, shall neglect to take the oath of office, he shall forfeit to the use of his town, a sum not exceeding fifty dollars, to be recovered by indictment. Ib. 57.

6. The assessors shall not be responsible for the assessment of any tax, in any town, parish, religious society, or school district, for which they are assessors, when such tax shall have been assessed by them, in pursuance of any vote for that purpose, certified to them by the clerk or other proper officer of such town, parish, religious society or school district; but they shall, in such case, be responsible only for the want of integrity and fidelity on their own part. R. S. c. 7, § 44.

7. Under the preceding section, the supreme court has held that assessors, conducting themselves with fidelity and integrity, in assessing a tax in pursuance of a vote, duly certified to them, were not responsible for accidentally assessing a person not an inhabitant of the town, and not liable to be taxed. While acting within their appropriate sphere, they have the same protection and immunities which judicial officers have. 21 Pick. 382.

Under the provision of the statute of 1823, c. 138, § 5, the decision was otherwise. 4 Pick. 399. 15 Pick. 44.

8. Each assessor shall be paid by his town the sum of one dollar a day, for every whole day, that he shall be employed in that service, together with such other compensation as the town shall allow. R. S. c. 7, § 45.

9. Where a town votes that its assessors shall be allowed a certain gross sum for their service during the year, they are not entitled under the preceding section, to

one dollar a day in addition to the sum thus voted, unless it appears from the terms of the vote, that such was the intention of the town. But they are entitled to the compensation of one dollar a day, although it exceeds the sum voted by the town, and if the sum voted exceeds the statute compensation, they are entitled to such sum. 3 Mct. 431.

10. It is the duty of the assessors to prepare annually a list of all persons living within their respective limits liable to be enrolled in the militia. Stat. of 1840, c. 92, $3.

11. Every able bodied white male citizen, resident within this Commonwealth, who is or shall be of the age of eighteen years, and under the age of forty-five years, excepting persons enlisted into volunteer companies, persons absolutely exempted by law, idiots, lunatics, common drunkards, vagabonds, paupers, and persons convicted of any infamous crime in this or any other State, shall be enrolled in the militia. Ib. 1.

12. The persons absolutely exempted are the vice-president of the United States, the officers, judicial and executive, of the government of the United States, the members of both houses of Congress, and their respective officers, all custom house officers with their clerks, all post-masters, post officers, post riders, and stage drivers who are employed in the care and conveyance of the mail of the United States, all ferry-men, employed at any ferry on the post road, all inspectors of exports, all pilots, and all mariners actually employed in the sea service of any citizen or merchant within the United States.

Justices of the supreme judicial court and court of common pleas.

Judges of the municipal court and of probate.
Registers of probate and of deeds.

Sheriffs.

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