within its borders at the time of the assessment; and each town, to which the same are apportioned, shall have the same power, right and methods of collecting the same by warrant, action, sale or otherwise, as the town so divided or altered had, or would have had if such town had not been so divided or altered. Any such town having apportioned to it more than its proportion of unpaid taxes, according to the aforesaid taxable property, to be ascertained by the last assessment-roll of such town, shall pay to the other town or towns interested, such sum or sums as shall be necessary to make such apportionment correspond with the said taxable property, as ascertained by the said last assessment-roll of said town, before the said division or alteration. (As amended by chap. 459 of 1896, § 1.) § 5. Meetings of town boards, in two or more towns.-Whenever a meeting of the town boards of two or more towns shall be required, in order to carry into effect the provisions of this article, such meeting may be called by either of the supervisors of such towns, by giving at least three days' written notice to all the other members of such town boards of the time and place of such meeting. Whenever such town boards shall fail to carry into effect the provisions of this article and agree upon the amount of assets to which each town is entitled, and the amount of indebtedness for which each town is liable and complete the full settlement thereof, within eighteen months after the division or alteration mentioned in section three of this article, any of such towns may begin and maintain an action against the other town or towns to make and enforce such settlement. The provisions of this article shall apply to towns heretofore and hereafter divided or altered. (As amended by chap. 459 of 1896, § 2.) ARTICLE II. TOWN MEETINGS AND THE ELECTION ANd Tenure of Town OFFICERS, SECTION 10. Time and place of biennial town meeting. 11. Changing place of biennial town meeting. 12. Election of officers. 13. Term of office. 14. Justices of the peace. 15. Commissioners of highways. 16. Overseers of the poor. 17. Inspectors for towns. Town Meetings and Election and Tenure of Town Officers. SECTION 18. Ballots for full term and vacancies. 19. Justices in new towns. 20. When more than four justices may hold office. 21. Fence viewers. 22. Powers of biennial town meetings. 23. Special town meetings. 24. Notice of town meetings. 25. Presiding officers of town meeting. 26. Clerk of meeting. 27. Duration of town meeting. 28. Challenges. 29. Minutes of proceedings. 30. Transaction of business not requiring a ballot. 31. Votes to expend over five hundred dollars. 32. Notice of propositions to be determined by ballot. 33. Proclamation of opening and closing polls. 34. Erection or discontinuance of pounds. 35. Election of pound-masters. § 10 36. Balloting; electors in incorporated village when not to vote on 37. Canvass of votes. 38. Town meetings in election districts. 39. Transaction of business in separate election districts not re quiring a ballot. 40. Repealed. 41. Special constables. 42. Town meetings held at the time of general elections; canvass of votes. 43. Town may change date of holding own meeting. с. Заз 8 10. Time and place of biennial town meeting.-The elect- ama 190 ors of a town shall, biennially, on the second Tuesday of February, assemble and hold meetings at such place in the towns as the electors thereof at their biennial town meeting shall, from time to time, appoint. If no place shall have been fixed for such meeting, the same shall be held at the place of the last town meeting in the town or election district, when town meetings of a town are held in election districts. The board of supervisors of any county may, by resolution, adopted at the first annual meeting of such board, after their election fix a time when the biennial town meetings in such county shall be held, which shall be either on some day between the first day of February and the first day of May, inclusive, or on the first Tuesday after the first Monday in November; and such time, when so fixed, shall not be changed for the period of four years. But such board of supervisors shall not provide for the holding of town meetings on the first Tuesday after the first Monday in November, eighteen hundred and and 1901 C.349 0.53653 ninety-eight. The biennial town meetings in the towns in each county containing more than three hundred thousand and less than six hundred thousand inhabitants, according to the then last preceding state or federal enumeration, shall be held on the second Tuesday of March, eighteen hundred and ninety-nine, and biennially thereafter on the second Tuesday of March until otherwise directed by the board of supervisors of such county. (As amended by chap. 61 of 1892, § 1; chap. 82 of 1893, § 1; chap. 481 of 1897, § 1; chap. 363 of 1898, § 1; chap. 374 of 1900.) § 11. Changing place of biennial town meeting.-The electors of a town may, upon the application of fifteen electors therein, to be filed with the town clerk twenty days before a biennial town meeting is to be held determine at such meeting, by ballot, when future town meetings shall be held. Where town meetings in any town are held in separate election districts, the electors of each district may, at a biennial town meeting, determine by resolution where its future town meetings shall be held. If any place so designated shall thereafter and before the close of the next biennial town meeting, be destroyed, or for any reason become unfit for use, or can not for any reason be used for such purpose, the town board shall forthwith designate some other suitable place for holding such town meeting in said town of election district, as the case may be. The provisions of this section shall not apply to towns in counties where the town meetings are held at the same time as general elections. (As amended by chap. 23 of 1893, § 1; chap. 481 of 1897, § 21; chap. 363 of 1898, § 1.) 12. Election of officers.-There shall be elected at the biennial town meeting in each town, by ballot, one supervisor, one town clerk, two justices of the peace, three assessors, one collector, one or two overseers of the poor, one or three commissioners of highways, not more than five constables, and two inspectors of election for each election district in the town; if there shall be any vacancies in the office of justice of the peace, of any town at the time of holding its biennial town meeting, persons shall then also be chosen to fill such vacancies, who shall hold their offices for the residue of the unexpired term for which they are respectively elected. At town meetings in towns held at the same time as general elections, the names of all candidates for town offices shall be voted for in the same manner and on the same ballot as candidates for other offices voted for thereat. At Town Meetings and Election and Tenure of Town Officers. §§ 13-15 C-191 such town meetings no person shall be allowed to vote for candidates for town offices who is not registered and entitled to vote at such general election. (As amended by chap. 37 of 1893, § 1; chap. 344 of 1893, § 1; chap. 481 of 1897, § 3; chap. 363 of 1898, § 2.) 8 13. Term of office.-Supervisors, town clerks, assessors, and 190 1 commissioners of highways, collectors, overseers of the poor, inspectors of election and constables, when elected, shall hold their respective offices for two years. But whenever there is or shall be a change in the time of holding town meetings in any town, persons elected to such offices at the next biennial town meeting after such change shall take effect, shall enter upon the discharge of their duties at the expiration of the term of their predecessors, and serve until the next biennial town meeting thereafter or until their successors are elected and have qualified. Whenever the time of holding town meetings in any town is changed to the first Tuesday after the first Monday in November, except when changed as provided in section forty-three of this chapter, the town officers elected thereat shall take office on the first day of January succeeding their election. But the collector in each such town shall complete the duties of his office in respect to the collection of taxes and the payment and return thereof, upon any warrant received by him during his term of office notwithstanding the election of his successor. (As amended by chap. 344 of 1893, § 1; chap. 481 of 1897, § 3; chap. 363 of 1898, § 2; chap. 145 of 1899, § 2.) § 14. Justices of the peace.--There shall be four justices of am 01901 C.488 the peace in each town, divided into two classes, two of whom shall be elected biennially. Such justices shall hold office for a term of four years commencing on the first day of January succeeding their election. (As amended by chap. 344 of 1893, § 1, and chap. 481 of 1897, § 4.) 8 15. Commissioners of highways.--The electors of each amd town may, at their biennial town meetings, determine by ballot 1901c.583 whether there shall be elected in their town one or three commissioners of highways. Whenever any town shall have determined upon having three commissioners of highways and shall desire to have but one, the electors thereof may do so by a vote by ballot taken at a biennial town meeting, and when such proposition shall have been adopted no other commissioner shall be elected or appointed until the term or terms of those in office at the time of adopting the proposition shall expire or become vacant; and they may act until their terms shall severally expire or become vacant as fully as if three continued in office. When there shall be but one commissioner of highways in any town, he shall possess all the powers and discharge all the duties of commissioners of highways as prescribed by law. (As amended by chap. 344 of 1893, § 1; chap. 239 of 1895, § 1; and chap. 481 of 1897, § 6.) § 16. Overseers of the poor.-The electors of each town may, at their biennial town meeting, determine by resolution whether they will elect one or two overseers of the poor, and the number so determined upon shall be thereafter biennially elected for a term of two years. Whenever any town shall have determined upon having two overseers of the poor, the electors thereof may determine by a resolution at a biennial town meeting, to thereafter have but one, and if they so determine thereafter no other overseer shall be elected or appointed, until the term of the overseer continuing in office at the time of adopting the resolution shall expire or become vacant, and the overseer in office may continue to act until his term shall expire or become vacant. The electors of any town may, at any biennial or regularly called special town meeting on the application of at least twenty-five resident taxpayers whose names appear upon the then last preceding town assessment-roll, adopt by ballot a resolution that there shall be appointed in and for such town one overseer of the poor. If a majority of the ballots so cast shall be in favor of appointing an overseer of the poor, no overseer of the poor shall thereafter be elected in such town except as hereinafter provided, and the overseers of the poor of such town elected at the town meeting at which such resolution is adopted or who shall then be in office shall continue to hold office for the terms for which they were respectively chosen; and within thirty days before the expiration of the term of office of such elected overseer whose term expires latest, the town board of such town shall meet and appoint one overseer of the poor for such town, who shall hold office for one year from the first day of May next after his appointment; and annually in the month of April in each year thereafter an overseer of the poor shall be appointed by the town board of such town for the term of one year from the first day of May next following such month of April. Each overseer of the poor so appointed shall execute and file with the town clerk an official undertaking in such form and for such sum as the |