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Annual town meetings.
forth the facts, to proceed at any regular or special meeting of the board and appoint the necessary town officers for such town, and the persons so appointed shall hold their respective offices until others are chosen or appointed in their places, and shall have the same power and be subject to the same duties and penalties as if they had been duly
chosen by the electors of the town. When town SEC. 15. Whenever it shall be made to appear to the may be annexed to adjoining town.
board of supervisors that the town officers appointed by them or by any preceding board, as provided in the foregoing section, have failed to qualify as required by law, so that such town cannot become organized, the board of supervisors may annex such town to any adjoining town, and the said town so annexed shall thereafter form and constitute a part of such adjoining town.
SEC. 16. The citizens of the several towns of this state, qualified by the constitution to vote at general elections, shall assemble and hold annual town meetings in their respective towns on the first Tuesday in April, at such place in such town as the electors thereof at their annual town meetings shall from time to time appoint. And notices of the time and place of holding such meeting, after the first meeting, shall be given by the town clerk by posting up written or printed notices in three of the most public places in said town, at least ten days prior to said meeting.
SEC. 17. The electors of each town shall have power at their annnal town meetings to elect such town officers as may be required to be chosen to direct the institution and defense of suits at law or in equity in which such town may be a party in interest; to direct such sum to be raised in such town for the support and maintenance of roads and bridges, or for any other purpose provided by law as they may deem necessary; to take measures and give directions for the exercise of their corporate powers; to impose penalties upon persons offending against any such regulations;
Powers at annual meetings.
and to make all rules, regulations, and by-laws necessary
meetings. supervisor, town clerk, and justice of the peace, or any two of them, together with at least twelve freeholders of the town, shall in writing file in the office of the town clerk a statement that a special meeting is necessary to the interests of the town, setting forth the objects of the meeting; and the town clerk, or in his absence the supervisor, shall post up notices in five of the most public places of the town, giving at least ten days notice of such special meeting, setting forth the objects of the meeting as contained in the statement filed as aforesaid ; the place of holding special town meetings shall be at the place where the last annual town meeting was held; but in case such place may be found inconvenient, the meeting may adjourn to the nearest convenient place; Provided, That not less than one-third of the electors of a town sball constitue a quorum for the transaction of business at any special town meeting.
SEC. 20. The electors, at special town meetings when Powers of elecproperly convened, shall have power to fill vacancies in any of the town offices when the same shall not already have been filled by appointment; to provide for raising money for repairing highways or buildings, or repairing bridges in case of emergency, and to direct the building or repairing thereof; to act upon any subject within the
of the electors at any annual town meeting which was post
tors at special
poned at the preceding annual town meeting for want of time to be considered at a future special town meeting, but special town meetings shall have no power to act upon any subject not embraced in the statement and notice calling the
Oath of moderator.
Duties of town clerk.
SEC. 21. The electors present at any time between the organized.
hours of nine and ten o'clock in the forenoon of the day on which there is an annual or a special town meeting shall be called to order by the town clerk if present; if not present, then the voters may elect by acclamation one of their number chairman ; they shall then proceed to choose one of their number to act as moderator of such town meeting.
SEC. 22. Before the moderator of any town meeting shall enter upon the duties of his office, he shall take an oath faithfully and impartially to discharge the duties of such office, such oath to be administered by the town clerk or other proper officer, .
Sec. 23. The town clerk last before elected or appointed shall be the clerk of the town meeting, and shall keep faithfully minutes of its proceedings, in which he shall enter at length every order or direction and all rules or regulations made by such meeting, and the same shall be
signed by himself and the moderator. Town clerk, Sec. 24. If the town clerk be absent, then some other
suitable person shall be chosen by the electors present and
shall act as clerk of the meeting. Questions, how SEC. 25. All questions upon motions made at town determined.
meetings shall be determined by a majority of the electors voting and the presiding officer shall ascertain and declare the result of the votes upon each question.
SEC. 26. When the result of any vote shall upon such declaration be questioned by one or more of the electors present, the moderator shall make the vote certain by causing the voters to rise and be counted or by dividing off.
SEC. 27. No person shall be a voter at any town meet- Qualification ing unless he shall be qualified to vote at general elections and has been for the last ten days a resident of the town wherein he shall offer to vote.
SEC. 28. If any person offering to vote at any election, or Challenge of upon any question arising at such town meeting, shall be challenged as an unqualified voter, the presiding officer shall proceed thereupon in like manner as the judges at general elections are required to do, adapting the oath to the circumstances of the town meeting, and the laws in force in regard to false swearing and illegal voting at general elections shall apply to false swearing and illegal voting at town meetings.
SEC. 29. Town meetings shall be kept open from the Town meettime of opening in the morning until six o'clock in the afternoon, unless a majority of the voters present vote to adjourn at an earlier hour, if the business before the meeting shall have been concluded.
SEC. 30. The minutes of the proceedings of every town Minutes of meeting, subscribed by the moderator and clerk of such meeting, shall be filed in the office of the town clerk within two days after such town meeting.
Sec. 31. Every person chosen or appointed to the office officers to take of supervisor, town clerk, assessor, town treasurer, or overseer of highways, before he enters upon the duties of his office and within ten days after he shall be notified of his election or appointment, shall take and subscribe before some authorized person an oath or affirmation to faithfully and impartially perform the duties of his office as prescribed by law, and shall cause a certificate of the same to be filed in the office of the town clerk.
SEC. 32. If any person chosen or appointed to any or Neglect to take either of the town officers shall neglect to take and subscribe such oath, and cause a certificate thereof to be filed as above required, such neglect shall be deemed a refusal to serve.
Term of office.
Records to be delivered to successor,
Bond of town treasurer.
SEC. 33. All town officers, except justice of the peace and constables, shall hold their offices for one year, and until their successors are qualified.
SEC. 34. It shall be the duty of every person retiring from a town office to deliver to his successor in office all the records, books, papers, moneys and property belonging to such office held by him.
SEC. 35. The town treasurer of each town shall give bond to the town in the sum of $5,000.00, or double the amount of
may come into his hands, to be fixed by the town board. Whenever it shall be ascertained that such bond has been forfeited, suit in the name of such town on said bond may be brought by any resident free
holder of such town. Supervisor SEC. 36. The supervisor shall prosecute in the name of shåll prosecute for penalties. his town, or otherwise as may be necessary, for all penal
ties given by law to such town or for its use, and for which no other officer is specially directed to prosecute; and no person shall be disqualified from being a juror in a suit by or against a town by reason of his being an inhabitant of
such town. Duties of super
SEC. 37. The supervisor of each town (who shall be ex-officio overseer of the poor) shall attend the regular meetings of the board of supervisors of the county aud every adjourned or special meeting of said board of which he shall have notice; he shall receive all accounts which may be presented to him against the town; he shall lay before the board of supervisors such copies of entries concerning moneys to be raised in his town as shall be delivered to him by the town clerk.
SEC. 38. He shall keep a just and true account of the receipts and expenditures of all moneys which shall come into his hands by virtue of his office, in a book to be provided for that purpose at the expense of the town, and said book shall be delivered to his successor in office.