TOWN AND CITY MEETINGS AND Sec. 248. Annual and special town meetings. Except as otherwise provided by law, there shall be held in every town, annually, a town meeting for the election of town officers, which meeting shall be designated and known as the annual town meeting; and special town meetings may be convened when the selectmen shall deem it necessary, and they shall convene a special town meeting on application of twenty inhabitants qualified to vote in town meetings, within ten days after receiving said application; and town meetings may be adjourned from time to time as the interest of the town may require. Sec. 249. Biennial election of town officers. Any town, if the electors thereof shall so determine by ballot at an annual meeting of such town or at a special meeting thereof duly warned and held for that purpose, may, at the annual town meeting next thereafter held, and biennially thereafter, elect any or all town officers required by law to be elected annually, to hold office for the term of two years An Sec. 248. Whether election of one officer is legal, when law requires election of a board of officers, quaere. 32 C. 108. annual officer usually continues until superseded by another. 1 R. 83; 6 C. 437. Calling of special meeting for legal purpose is obligatory. Immaterial that application names a day. 41 C. 245. Vote may be rescinded at subsequent meeting. 34 C. 108. There is no office of "town agent." 60 C. 169. Mandamus to compel calling of special meeting; reasonable certainty enough in application. 89 C. 561. from the date of their election and until their successors shall be elected and qualified. Sec. 250. Annual town meetings when held. Except as otherwise specially provided by law, annual town meetings shall be held on the first Monday of October. Sec. 251. Warnings of town, city, borough and other meetings. The warning of every town meeting, and of every meeting of a city, borough, school society, school district or other public community, or of an ecclesiastical society, or of proprietors of common fields, shall specify the objects for which Sec. 251. Both warning and notice are requisite for legal meeting. 4 D. 62; 5 C. 391; 37 C. 392; 44 C. 157; 52 C. 483; 58 C. 488; 60 C. 165; 121 U. S. 121. Warning is to be affirmatively proved. 8 C. 247. Town clerk's record that meeting was legally warned is prima facie evidence thereof. 25 C. 555; see 121 U. S. 121. The hour of meeting presumed to be a proper hour. 13 C. 227. The notice should fairly state the purpose of meeting. 13 C. 227; 15 C. 327; 36 C. 83; 53 C. 577; 58 C. 488. The town may act within the limits of the warning. 55 С. 245. The statute prescribed method of notice, while by its vote the society prescribed more general notice. Held that the society vote was merely directory. 15 C. 327. A validating act of the general assembly cures all defects incident to the act validated. 52 C. 45. "Soldier's bounty" validating acts, so held. 32 C. 47; 37 C. 225. Town has no inherent legal powers. 32 C. 47. The warning needs no address, but addressed "to the inhabitants" is valid. 32 C. 47. Clerk's certificate imports verity only as to matters of lawful consideration. 44 C. 158; 51 C. 22. Five days before the meeting, means five days before the day of meeting 51 C. 22. A meeting illegally warned voted a guarantee; a subsequent legal meeting voted "to let conditions of former vote remain as they now stand." Held not to be a ratification. 51 C. 22; see 121 U. S. 121. The town is not estopped by erroneous record of town clerk, as against one acting under it. 51 C. 22. Meeting voted to adjourn "to Wednesday evening;" held to mean the next Wednesday. 52 C. 45. Unless restrictive in terms, a subsequent board of selectmen may carry out the purpose of a vote. 52 C. 498. As to what constitutes an appropriation. 58 C. 486. Town may by acquiescence ratify unauthorized act of selectmen. 59 C. 447. General notice sufficient as to action required by law. 77 C. 197. Notice published in newspaper four days before meeting insufficient. 83 C. 331. such meeting is to be held. Notice of a town meeting shall be given by setting upon the signposts in the town and at such other place or places as may be designated as hereinafter provided, a printed or written warning signed by the selectmen, or a majority of them, and by publishing a like warning in a newspaper published in said town or having a circulation therein, such posting and such publication to be at least five days previous to holding the meeting, including the day that notice is given, but not including the day of holding said meeting; but any town may, at an annual meeting, designate any other place or places, in addition to the signposts, at which such warnings shall be set up, and the selectmen shall, on or before the day of such meeting, cause a copy of every such warning to be left with the town clerk, who shall record the same. Notice of a meeting of a city, borough or school society shall be given by setting upon the signposts within the limits of such city, borough or society, or at such place or places as may be designated by special charter provision, a written or printed warning signed by the mayor or clerk in the case of a city, the warden or clerk in the case of a borough, and the committee, or a majority thereof, in the case of a school society, and by publishing a like warning in a newspaper published within the limits of such city, borough or school society, or having a circulation therein, at least five days previous to holding the meeting, including the day that notice is given but not including the day of holding said meeting; provided, the committee of a school society having an enum eration of less than one hundred may, on giving notice by posting, in its discretion, omit the publication of the warning in a newspaper as above prescribed. Sec. 252. Warnings of meetings to be recorded. The person who posts, causes to be published, or in any other manner gives notice of the warning for any meeting of a town, city, borough, school society, school district or other public community, or of an ecclesiastical society, or of proprietors of common fields, shall make return, in writing, to the person whose duty it is to keep a record of such meeting, showing the notice given of such warning, and such return shall be kept on file, and recorded at length with the warning or doings of such meeting. Sec. 253. Hour of opening annual town and elector's meetings. Any town, except as otherwise provided by law, may at any annual town meeting order that all its annual town meetings or its electors' meetings shall be warned, opened and held at five o'clock in the morning, or at any hour between five and nine o'clock in the morning, and that the ballot boxes for all officers to be balloted for at any of said meetings shall be opened at that time, and may rescind any such order at any annual town meeting. Sec. 254. Conduct of meetings. Moderators. All town meetings for the election of town officers by ballot shall be held, conducted and proceeded with, Sec. 252. As to necessity of recording warning, U. S. 121, 97 C. 633. see 121 |