power and authority to discharge the duties of the office, as though chosen at the annual meeting for the choice of town officers.

Power and du

tor.

SEC. 3. Be it further enacted, That at every town-meeting, ty of modera a Moderator shall be first chosen by a majority of votes, who shall be thereby empowered to manage and regulate the business of the meeting; and when a vote declared by the Moderator, shall immediately after such declaration, be scrupled or questioned by seven or more of the voters present, the Moderator shall make the vote certain by polling the voters, or such other way as the meeting shall desire. And no person shall speak in the meeting before leave first had and obtained from the Moderator, nor when any other person is orderly speaking; and all persons shall be silent at the desire of the Moderator on pain of forfeiting one dollar for the breach of every such order, to the use of the town; and if any person shall, after notice from the Moderator persist in his disorderly behaviour, then it shall be lawful for the Moderator to direct such disorderly person to withdraw from the meeting; and such disorderly person upon his refusal or neglect to withdraw, shall forfeit and pay a fine of three dollars, to the use of the same town; and may also by direction of the Moderator be carried out of the meeting by some Constable of said town, and put into some place of confinement, and there be detained for the space of three hours, unless the town-meeting shall sooner adjourn or dissolve: Provided always, That town-meetings for the choice of Governor, town-meetings Senators and Representatives, shall be had as the Constitu- State officers. tion directs; any thing in this Act contained to the contrary Moderator may notwithstanding. And the Moderator of any town meeting administer chosen as aforesaid, is hereby authorized, in case no Justice oaths in certain of the Peace be present, to administer to the Clerk in open town-meeting, the oath by law prescribed to the same office.

Proviso as to

for choice of

cases.

lectmen or

mit vo es to be

SEC. 4. Be it further enacted, That if the Moderator or Penalty if seSelectmen presiding at any town meeting, without the consent moderator per of the voter, shall read or examine, or permit any other per-inspected be son to read or examine the name or names written on his fore closing the poll. ballot or ticket, with a view to ascertain the name of the candidate voted for, before the poll is closed, the Moderator, Selectmen or Selectman so offending, shall each of them on conviction, forfeit and pay to the use of such town, the sum of twenty dollars, to be recovered by indictment in any Court proper to try the same.

ing town-meet

SEC. 5. Be it further enacted, That when there shall be Mode of calloccasion of a town-meeting, the Constable or Constables, or ing such other person as shall be appointed for that purpose by warrant from the Selectmen, or the major part of them, shall summon and notify the inhabitants of such town, to assemble at such time and place, in the same town as the Selectmen shall order; the manner of summoning the inhabitants to be such as

Nothing to be acted upon

eluded in war.

ing.

may call meet

the town shall agree upon; and when ten or more of the freeholders of a town shall signify in writing their desire to have any matter or thing inserted in a warrant for calling a meeting, the Selectmen are hereby required to insert the same in the next warrant they shall issue for a meeting, or call a meeting for the express purpose of considering thereof; and no matter or thing shall be acted upon in such a manner as to have which is not in any legal operation whatever, unless the subject matter thererant for meet of be inserted in the warrant for calling the meeting; and in Justice of peace case the Selectmen shall unreasonably deny to call a meeting ings in case,&c. upon any public occasion, any ten or more of the freeholders of such town may apply to a Justice of the Peace within and for the same county, who is hereby authorized and empowered to issue his warrant under his hand and seal directed to the Constable or Constables of the town, if any such there be, otherwise to any of the freeholders applying therefor, directing him or them to notify and warn the inhabitants qualified to vote in town affairs, to assemble at such time and place in the same town, as the said Justice shall in his said warrant direct, and for the purpose in the same warrant expressed: If majority of And when by reason of death, removal or resignation of Seor vacate their lectmen, a major part of the number originally chosen shall jority of survi- not remain in office within any town; in every such case, a call meetings. major part of the survivors, or of such as remain in office, shall have the same power to call a town-meeting as a major part of the whole number first chosen.

selectmen die

offices, a ma

vors, &c. may

Towns at legal meetings may

&c.

SEC. 6. Be it further enacted, That the citizens of any town, raise monies, qualified as aforesaid, at the annual meeting for the choice of town officers, or at any other town-meeting, regularly warned, may grant and vote such sum or sums of money as they shall judge necessary for the settlement, maintenance and support of the ministry, schools, the poor, and other necessary charges, arising within the same town, to be assessed upon the polls and property within the same, as by law provided; and they And make bye are also hereby empowered to make and agree upon

laws,

to be approved by Court of Sessions.

Towns made bodies politic

sued.

such necessary rules, orders and bye-laws, for the directing, managing and ordering the prudential affairs of such town, as they shall judge most conducive to the peace, welfare and good order thereof; and to annex penalties for the observance of the same not exceeding five dollars for one offence, to enure to such uses as they shall therein direct: Provided, They be not repugnant to the general laws of this State: And provided also, Such orders and bye-laws shall have the approbation of the Court of Sessions of the same county.

SEC. 7. Be it further enacted, That the inhabitants of every and corporate town within this State, are hereby declared to be a body polimay sue and be tic and corporate; and as such may commence and prosecute any suit or action in any Court proper to try the same; and may also defend any suit or action commenced against them; and for this purpose the said inhabitants qualified and conven

Choice of an

ed in manner aforesaid, may nominate and appoint one or more agents or attornies. The choice of the agent or attorney, certified by the town Clerk, shall be deemed and taken agent, how sufficient evidence of such appointment. And when any suit proved. shall be commenced against any town, a copy of the writ or writs against original summons, or such other legal process issue may against them, shall be left with the Clerk of such town, or with before Court. one of the Selectmen, thirty days at least before the day of the sitting of the Court, unto which the same shall be returnable.

as

towns to be served 30 days

towns estab

to be run every

&c.

Mode of proceeding in such

SEC. 8. Be it further enacted, That the bounds of all town- Boundaries of ships shall be and remain as heretofore granted, settled and lished,and lines established. And to prevent an interference of jurisdiction, five years, &c. the lines between towns shall be run and the marks renewed by selectmen, within three years from the last day of March next, and once every five years forever after, by two or more of the Selectmen of each town or such other persons as they shall in writing appoint to run and renew the same; and their proceedings, after every such renewal of boundaries, shall be recorded in the respective town books; the Selectmen of the most ancient town to give ten days notice in writing unto the Selectmen of the adjoining town, of the time and place of meeting for such cases. perambulation: and the Selectmen who shall neglect their duty in notifying or attending, either personally or by their substitutes, to perambulate the line at the time and places assigned as aforesaid, shall severally forfeit and pay the sum of ten dollars, two thirds to the use of the town which shall comply with their duty as aforesaid, and the other third part unto any two or more of the Selectmen of the town so complying, who are hereby empowered to inform or sue therefor in the Circuit Court of Common Pleas for the same county, at any time within two years after the forfeiture shall be incurred and not afterwards.

[Approved March 19, 1821.]

:00:

CHAPTER CXV.

An Act regulating Elections,

make a list of

officers, &c. be

SEC. 1. BE it enacted by the Senate and House of Repre- Assessors to sentatives in Legislature assembled, That it shall be the duty votes for State of the Assessors of cach town within this State, on or before fore 1st of Au the first day of August annually, to make out and deliver to gust annually. the Selectmen thereof, a correct and alphabetical list of all such inhabitants of their respective towns as shall appear to them qualified by the Constitution of this State, or of the United States, respectively, to vote for Governor, Senators, Representatives in the State, or in Congress; which list it shall be the duty of the Selectmen of such town at some time with- revise it within in ten days then next following, to revise and correct, as to 10 days.

Selectmen to

Assessors of

plantations to

Selectmen of

sessors of plau

such lists at

them shall appear necessary, so that the same shall, in their opinion, be a complete list of such of the inhabitants, within their respective towns as shall be constitutionally qualified to vote in the elections aforesaid: And the Assessors of every make like lists. plantation are alike required to furnish themselves with like lists, on or before the tenth day of August annually; and it towns and as shall be the duty of the Selectmen of such towns, and the Astations to have sessors of such plantations, to be provided with, and have a meetings for complete list as aforesaid at every meeting for the choice of State officers. Governor, Senators and Representatives in the Legislature or Same list to be in Congress; which list shall so be corrected, previous to the fore opening of opening of any such meeting, as to contain all the qualified meeting. voters for the particular election then to be made; and it shall Selectmen and be the duty of such Selectmen or Assessors to be in session at some convenient place, immediately preceding such meeting, mediately be for so long time as they shall judge necessary to receive eviing to receive dence of the qualifications of persons, whose names have not been entered on the list aforesaid; and to give public notice of such meeting of the time and place of such meeting in the warrant for calling such town of plantation meeting.

corrected be

assessors to be in session im

fore such meet

proof, &c.

Previous notice

to be given.

In towns con.

than 2000 vot.

to be in session day before

meeting and

SEC. 2, Be it further enacted, That in any town where the aining more. number of qualified voters shall exceed two thousand, it shall ers selectmen be the duty of the Selectmen of such town to be in session at some convenient place, on the day immediately preceding such meeting; and when this shall happen on Sunday, then on the Saturday immediately preceding such meeting and for a time as much longer, previous to said day, as they shall judge necessary, to receive the evidence of the qualifications of persons mentioned in the first section of this Act.

sooner, if neces sary.

In towns containing more than 500 vot ers, meeting may be opened before 11

o'clock-utherwise not.

Mode of calling

for State cers, &e.

SEC. 3 Be it further enacted, That no such meeting shall be opened at an earlier hour than eleven of the clock of the forenoon of the day of election; provided that any such mecting in any town where the number of qualified voters shall exceed five hundred, may be opened at an earlier hour at the discretion of the Selectmen of such town.

SEC. 4. Be it further enacted, That it shall be the duty of town and plan the Selectmen of each town, and the Assessors of each plantation meetings tation in this State, by their warrant, to cause the inhabitants of such towns and plantations, qualified according to the Constitution, to be notified and warned, seven days at least, before the election, to assemble in their respective towns and plantations, on the second Monday of September annually, to give in their votes for Governor, Senators and Representatives, as the Constitution requires: such meeting to be warned in the manner there legally established for calling other town and plantation meetings; and at the meetings called for the purposes aforesaid, such proceedings shall be had as the Constitution requires.

At such meet

ings selecimen, SEC. 5. Be it further enacted, That the Selectmen and Asto preside. sessors, authorized and required to preside in any meeting

to refuse im

of a town or plantation, which shall be convened for the election of Governor, Senators and Representatives in the Legislature of this State, shall have all the powers which are legal- Their powers; ly vested in the Moderator of town-meetings for the regulation thereof. And in such meetings, the Selectmen or Assessors presiding, shall have power, and it shall be their duty to pre- proper votes. vent and refuse the vote of any person not qualified to be an elector, whose qualifications shall be determined according to the Constitution of this State, or the Constitution of the United States, as the case may be.

for Senators to

SEC. 6. Be it further enacted, That whenever a meeting is Selectmen, &c. holden in any town or plantation for the purpose of choosing require votes Governor, Senators and Representatives, Selectmen or Asses- be brought in sors presiding at such meeting, be, and hereby are directed on one list. to call on the voters in such meeting qualified for choosing such officers, requiring each of them to give in their votes on one list for as many different persons as are then to be chosen to the office of Senators.

No person to

vote until his name has been

list.

SEC. 7. Be it further enacted, That no person shall be permitted to give in his vote at any meeting of a town or plantation, holden for an election to any of the offices aforesaid, found in the until the Selectmen of such town, or the Assessors of such plantation, presiding at such election, shall have had opportunity to inquire his name, and found the same in the list aforesaid; and any person wilfully voting contrary to the provis- Penalty for so ion of this section, or who shall give any false answer to such voting or giv Selectmen or Assessors, being duly thereof convicted, shall ing false ansforfeit and pay a fine not exceeding thirty dollars, for each and every offence, according to the nature and aggravation thereof.

wer.

presiding offi

votes contrary

SEC. 8. Be it further enacted, That if any person, who is Penalty for by law authorized to preside at any meeting, or to receive cer's receiving votes at any meeting, which may be holden for the choosing to law. of Governor, Senators and Representatives to the Legislature, or any town officers, shall knowingly receive the vote of any person who is not qualified to vote agreeably to the Constitution and laws of this State, in choosing as aforesaid; such person so presiding or receiving any vote as aforesaid, shall forfeit and pay one hundred dollars; to be recovered by information, to be filed and prosecuted by the Attorney General, in the Supreme Judicial Court, or by indictment in said Court.

ing by voter

SEC. 9. Be it further enacted, That it shall not be law- Penalty for reful for the Selectmen or Assessors of any town or plantation, ev vote unless depresiding at a meeting for either of the elections aforesaid, to livered in writ receive any vote, unless delivered in writing by the voter in himself. person; and the Selectmen or Assessors, who shall offend Herein, shall severally forfeit and pay a sum not exceeding one hundred dollars.

SEC. 10. Be it further enacted, That any elector who shall