A DIGEST

OF THE

Laws of
of Massachusetts

IN RELATION TO THE

POWERS, DUTIES AND LIABILITIES

OF TOWNS,

AND OF

TOWN OFFICERS;

WITH THE NECESSARY FORMS.

BY BENJAMIN F. THOMAS,

COUNSELLOR AT LAW.

NEW EDITION, REVISED AND CORRECTED.

WORCESTER:

PUBLISHED BY WARREN LAZELL.

1849.

HARVARD COLLEGE
Saptash, 1945

LIBRARY

Walds, heland

Entered according to the act of Congress, in the year 1849, by WARREN LAZELL,

In the Clerk's Office of the District Court of Massachusetts.

PRINTED BY HENRY J. HOWLAND, WORCESTER.

CONTENTS.

TOWNS

Powers of Towns

Town Meetings

Town Officers, and their Election

ASSESSORS

ASSESSMENT of Taxes

I. Persons subject to, or exempted from taxation

II. When and to whom property shall be assessed

III. Mode of assessing taxes

Discount on and abatement of Taxes

AUCTIONEERS

Taxes on sales by auctions and duties of auctioneers in re-

13

13

19

23

26

30

30

34

40

49

51

54

58

61

78

86

86

90

92

98

102

107

110

119

126

126

131

133

136, 358

148

148

150

155

156

158

159

365

160

V. Election and returns of elections of County Officers

VI. Election and returns of Elections of Representatives to

MEASUREMENT, Inspection &c. of certain articles of Mer-

II. Duties of Selectmen as to Spendthrifts and insane per-

sons

244

III. Duties of Selectmen under the Laws licensing Inn-

holders and retailers.

246

249

IV. Duties of Selectmen in erecting and maintaining

Guide-posts

V. Duties of Selectmen in the perambulation of Town lines 251

VI. Duties of Selectmen as to Common sewers and drains 253

VII. Duties of Selectmen as to binding Orphan children 258

VIII. Duties of Selectmen as to offensive trades, Theatri-

cal Exhibitions, &c.

IX. Duties of Selectmen as to Oysters and Shell fish in

X.

certain towns

Duties of Selectmen as to Hay Scales

XI. Duties of Selectmen as to the keeping of gunpowder

and guncotton

XII. Duties of Selectmen as to dealers in second-hand

XIII. Power of Selectmen as to recognizance of Towns

XIV. Duties of Selectmen in laying out town and private

260

361

264

265

266

267

ways

268

XV. Duties of Selectmen under the Militia Laws

XVI. Duties of Selectmen concerning hawkers and pedlars 278

SURVEYORS of Highways and repair of Highways

II. Duties of Town Clerks under Laws relating to mar-

III. Duties of Town Clerks as to returns of births, mar-

riages and deaths

THE TOWN OFFICER.

TOWNS.

POWERS OF TOWNS.

1. Towns to be bodies corporate as heretofore.

2. Towns may sue and be sued. 3. Towns may hold property, make contracts, &c.

4. Towns may grant money for town schools, the poor, and other necessary charges.

5. The Statute not an enumeration of objects for which towns may raise money.

6. Rule to determine what are necessary charges.

7. Enumeration of necessary charges.

8. Towns not bound, even by express votes, for contracts not within the scope of corporate objects. 9. Illustration of the rule.

or

10. How towns may be restrained from raising, borrowing expending money for illegal purposes.

11. Towns may make by-laws. 12. To be approved by Court of Common Pleas.

13. If not reasonable, void. 14. Binding on all persons coming within the town.

15. To be published.

16. Authority of cities to make by-laws.

17. Towns may make by-laws respecting the keeping of dogs.

18. Towns may suspend the operation of certain laws relative to the killing of birds.

19. Other powers of towns.

1. The inhabitants of every town shall continue to be a body corporate, with all the powers heretofore exercised by towns, and subject to all the duties to which they have heretofore been liable. R. S. c. 15, § 8.

2. The inhabitants of towns, in their corporate capacity, may sue and be sued in the manner prescribed by law, and may appoint all necessary agents and attornies in that behalf. Ib. 10.

3. Towns shall have power to hold real estate, for the public uses of the inhabitants, and to convey the same, either by vote of the inhabitants, or by a deed of their committee or agents; to hold personal estate, for the public uses of the inhabitants, and to alienate and dispose of