tained against him, and the charges expended in defending such suit, upon application made by the town treasurer to any justice of the peace of the town, the justice shall grant a warrant to the town sergeant of such town, requiring him to warn the electors of the town to hold a town meeting, at such time and place as shall be appointed, for the speedy ordering and making a tax, to be collected for the reimbursement of the town treasurer.

SEC. 14. In case such town, upon due warning given them, shall not take due and effectual care to reimburse, pay or satisfy the town treasurer, the money, costs and charges by him expended, or recovered against him, upon information or complaint thereof by him made to the next general assembly, such order shall be given therein for the treasurer's reimbursement, with allowance for all incidental costs, charges and trouble occasioned thereby; and such town shall be fined, at the discretion of the general assembly.

SEC. 15. The three sections next preceding shall not apply to the prerogative writs, or to suits and proceedings in equity, which shall respectively follow the course of the common law and of courts of equity.

SEC. 16. All suits, whether in law or equity, brought by a town, shall be brought in the name of the town, unless otherwise directed specially by law.

SECTION 1. A town meeting shall be annually held in each town for the election of so many town officers as are or shall be by law required.

SEC. 2. Such meetings shall be held at such time as is, or may be by town law or vote provided, unless otherwise directed by law. SEC. 3. If, on the day of annual election of town officers, any town shall fail to make an election of town clerk, council, justices of the peace, or treasurer, the meeting may be adjourned for the

purpose of completing the election of those officers, but of no others, from day to day, not exceeding three days beyond the first day of meeting.

SEC. 4. Town meetings other than said annual meetings shall be held at such times as are, or may be, by constitution or law required, or may be called in the manner hereinafter provided.

SEC. 5. It shall be the duty of each town clerk to cause the electors of their respective towns to be notified of any town meeting which shall be prescribed by law, and also of all other town meetings which shall be legally called.

SEC. 6. Whenever seven of the electors of any town consisting of less than three thousand inhabitants, or whenever fifteen of the electors of any town consisting of more than that number, shall make a request in writing for the calling of a town meeting, to transact any business relating to such town, in respect to which they shall have a right to vote, and direct the same to the town clerk, it shall be the duty of such town clerk to cause the electors to be notified of the time when and place where the same is to be holden, and of the business proposed to be transacted therein.

SEC. 7. The notice to the electors to meet in a town meeting, prescribed by law, shall be given by the town clerk issuing his warrant, directed to the town sergeant or one of the constables of such town, requiring him to post up written notifications in three or more public places in the town, of the day and place for said meeting to be holden, and of the business required by law to be transacted therein.

SEC. 8. The notice of meetings when called by request as aforesaid, shall be given by the town clerk issuing his warrant, directed to the town sergeant or constable, requiring him to give personal notice to the individual electors of such town entitled to vote on the business to be then transacted, of the time when and the place where said meeting is to be holden, and of the business to be transacted therein: provided, that it shall and may be lawful for any town to prescribe by town law any other mode for warning the electors of their respective towns, to convene in town meeting, any thing herein to the contrary notwithstanding.

SEC. 9. Whenever any town clerk shall be removed by death or otherwise, the town treasurer of the town shall issue his warrant to warn the electors to assemble in town meeting, to choose a town clerk in the room of him so removed, which warrant shall be directed as aforesaid.

SEC. 10. Any town clerk or town treasurer who shall neglect or refuse to issue a warrant as above directed, and each town sergeant or constable who shall neglect or refuse to serve the same, as above required, shall severally forfeit for each neglect, fifty dollars; to be recovered, one half to the use of the town, and the other half to the use of the person who shall sue for the same.

SEC. 11. No vote shall be passed in any town meeting concerning the disposing of the town's land or making a tax, unless special mention be made, and notice thereof given in the warrant

issued for the warning of such meeting; and the town clerk of each town shall grant such warrant, unless in cases where the law otherwise directs; which warrant shall be directed to the town sergeant or to either of the constables of the town.

CHAPTER 32.

OF THE QUORUM, GOVERNMENT AND CONDUCT OF TOWN MEETINGS, AND OF ORGANIZATION AND GOVERNMENT OF WARD MEETINGS.

SECTION

1. How many electors constitute a town meeting.

2. Moderator of, when chosen.

3 and 4. Wardens and ward clerks of Providence and Newport and moderators and clerks of voting districts, when and how chosen.

5. Votes for, how counted, and election of, how declared and notified.

6. Term of office of, when to commence, and how long to continue.

7. Who to preside over town, ward and district meetings.

SECTION

8. Of election of moderator, warden and clerk pro tempore.

9. Of new election of, in case of death,
resignation or inability.

10. Of power of moderator and warden.
11. Power of, over disorderly persons.
12. Moderator, how to conduct in case of a
motion made.

13. Vote how to be taken in town elections,
and where vote is by ballot.
14. Majority required in voting in town
affairs.

SECTION 1. When the inhabitants of any town do not exceed three thousand by the last preceding census, seven electors at least shall be necessary to constitute a legal town meeting; and when the inhabitants of any town shall exceed that number, fifteen electors at least shall be necessary to constitute such meeting.

SEC. 2. At the annual town meeting of each town, there shall be chosen a moderator, to preside in all the town meetings, for the year, and until his successor is elected, and qualified by oath.

SEC. 3. Wardens and ward clerks, in the cities of Providence and Newport, and moderators and clerks of voting districts, shall be elected on the first Wednesday in April, in each year, and the voting for them shall continue during the whole time limited by law for voting on the day.

SEC. 4. The names of the candidates for warden, or moderator, and clerk, as aforesaid, shall be written or printed upon one piece of paper; and the ballots shall be handed openly by the voter, to the warden or moderator.

SEC. 5. The votes for warden or moderator and clerk, shall be counted by the then warden or moderator and clerk, and the election declared by the then warden or moderator, in open ward or district meeting; and notice of the new warden or moderator and

clerk elected, be given by the then ward or district clerk, to the city or town clerk.

SEC. 6. The term of office of the warden or moderator and clerk, as aforesaid, then elected, shall commence at the first regular ward or district meeting held thereafter for the election of officers, and shall continue until others are elected and sworn in their places.

SEC. 7. In all meetings of the electors or voters in a town or district, the moderator, and of a ward, the warden, shall preside, if present.

SEC. 8. In case of his absence, or of the absence of the ward or district clerk, the town, ward or district, may elect a moderator or warden, or clerk, pro tempore; the town, ward or district clerk, and in case of the absence of the town clerk, the town treasurer, presiding in such election of the moderator or warden, and the warden or moderator at such election of a ward or district clerk.

SEC. 9. In case of the death, resignation or permanent inability of the moderator, warden, or ward or district clerk, the town, ward or district, may proceed to a new election: the meeting for such purpose being presided over in like manner as for the election of such officer pro tempore.

SEC. 10. Every moderator or warden shall have power to manage and regulate the business of each meeting, conforming to law, and to maintain peace and good order therein.

SEC. 11. If any person shall conduct himself in a disorderly manner in any town, district or ward meeting, the moderator or warden may order him to withdraw from the meeting; and on his refusal, may order the town sergeant, or any constable present, or any other persons, to take him from the meeting, and to confine him in some convenient place until the meeting shall be adjourned; and the person so refusing to withdraw, shall, for each offence, forfeit a sum not exceeding twenty dollars, to the use of the town.

SEC. 12. The moderator of every town meeting shall, on a motion being made and seconded, relative to any business regularly before such meeting, after having heard all the electors entitled to vote thereon who shall be desirous of being heard, cause the votes of the electors present to be taken thereon.

SEC. 13. In all town elections and on all questions to be decided by ballot, the elector voting shall present his ballot to the moderator or warden without his name being written on the back or face of his ballot, and the votes shall be received by, and the ballotboxes shall be in charge of the moderators or wardens, only; and like proceedings shall be had in such cases and in all town meetings, as far as may be, as are prescribed in the first, second, twelfth, thirteenth and fourteenth sections of chapter twenty-six.

SEC. 14. All questions relating to town affairs, shall be decided by a majority of the votes of the electors present, entitled to vote on the question.

CHAPTER 33.

OF THE ELECTION AND QUALIFICATION OF TOWN OFFICERS.

SECTION.

1. What town officers, and when to be chosen.

2. Surveyors or commissioners of highways, how many and when to be chosen.

3. Justices of peace when elected, and term of office.

4. Of return of justices chosen, and how long to officiate after a new election.

5. Of ballot for moderator and town clerk.

6. Number of town council and justices of peace to be chosen, when to be determined.

7. Order of election of members of town council.

8. Order of election of justices of peace.
9. Number of justices of peace to be

chosen in cities, and towns divided
into voting districts how determined,
and election of, how conducted.

10. Of ballots for members of council and
justices of peace.

11 and 12. Of conduct of election of sur

SECTION 1. The electors in each town shall annually, on their town election days, choose and elect so many town officers as by the laws of this state are or shall be required; that is to say, a moderator to preside in all the meetings of the town, and a town clerk, a town council to consist of not less than three nor more than seven members, a town treasurer, a town sergeant, a town sealer of weights and measures, one or more auctioneers, such a number of assessors of rates and taxes as may be deemed necessary, provided that the number be not less than three nor more than seven, one or more collectors of taxes, one or more corders of wood, one or more packers of fish, one or more pound keepers, a sealer of leather, and so many constables, overseers of the poor, viewers of fences, gaugers of casks, and all such other officers as by law are required in such town, and as each or any town shall have occasion for, including persons to superintend the building of chimneys and placing of stoves and stove-pipes.

SEC. 2. They shall, either on said town election day, or at the town meeting held on the first Wednesday of April for the election of general officers, annually elect so many surveyors of highways,