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Town Business in Certain Counties.

S$ 221-224

in pursuance of law. (As amended by chap. 61 of 1892, § 1, and chap. 387 of 1893, & 1.)

§ 221. Election of officers.-The said town officers shall be elected by ballot by the electors of each town at the annual town meeting held next preceding the general election at which they would have been elected under the present existing laws, with the exception of the collector, who shall be elected at the annual town meeting next following such general election. (As amended by chap. 387 of 1893, § 1.)

§ 222. Term of office. The supervisor shall hold office for the term of two years; the town clerk, assessors, commissioners of highways, commissioners of excise and town auditors, each for the term of three years; the justices of the peace, four years; constables, five years; inspectors of election, one year, all from the first day of January, and the collector three years from the first day of May, next succeeding their elections, respectively. When three or more incumbents are required for any one of said offices, the term of which is three or more years, one candidate shall be elected for the regular or full term in each year. (As amended by chap. 387 of 1893, § 1.)

8223. Town meetings.-The annual and special town meetings in each of said towns shall be held in the several election districts thereof, under the direction of the inspectors of election, as the presiding officers, beginning at the hour appointed for the opening of the polls at the next preceding general election. The town clerk shall provide the requisite number of printed official ballots, which shall be the same for each district, and the elections at such meetings shall be conducted, with the aid of ballot clerks and poll clerks, in the same manner as the general elections, so far as practicable. Upon the completion of the canvass, the certified result, together with the books, papers and records, shall forthwith be filed by the inspectors with the town clerk. (As amended by chap. 387 of 1893, § 1.)

§. 224. Ballots at town meetings.-The names of all the town officers to be voted for by any elector at such town meeting shall be placed upon one ballot, which shall be indorsed with the word "town;" such ballot to contain the names of not more than two candidates for inspectors of election for each of the election districts in the town, designating in connection with such names the districts for which the said several candidates are to be chosen, and if said designation is omitted, or more than two

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names for inspectors shall appear, the vote for such inspector shall not be counted. (As amended by chap. 387 of 1893, §1.)

§ 225. Full terms and vacancies.-When more than one justice of the peace, assessor, commissioner of excise, commissioner of highways, town auditor or constable are to be chosen in any of said towns, each elector shall designate upon his ballot the person intended for the full term and for a vacancy, and if there are two or more vacancies they shall be designated as the longer and the shorter, or the longer, shorter and shortest vacancy, as the case may be, and each person having the greatest number of votes with reference to each designation shall be deemed duly elected for the term or vacancy designated. (As amended by chap. 387 of 1893, § 1.)

8 226. Designations; full term or vacancy.-A ballot containing the name of one candidate only, without designation, shall be counted as for the full term. A ballot voted with the names of two or more candidates for such office, but without such designation, one of said candidates being at the time an incumbent of the office for a term not then expired, shall be counted as a vote for said candidate for the regular term; and if there be but one vacancy to be filled, and the name of only one other candidate on such ballot, without such designation, the same shall be counted for such other candidate for such vacancy. In all other cases a ballot containing the names of two or more candidates for any one of said offices, without designating the term, shall not be counted. (As amended by chap. 387 of 1893, § 1.)

§ 227. Town meeting, business of.-The town business which requires a vote of the people otherwise than by ballot shall be commenced at twelve o'clock noon of the day of the annual town meeting, and completed without adjournment. All questions upon motion made at town meetings not required by law to be by ballot, shall be determined by the majority of the electors of the town voting, and the inspectors of each district shall ascertain the result by counting, in such manner as they may deem most expedient and practicable, and certify the same, to the board of town canvassers at the time of making their return of the votes cast for town officers. (As amended by chap. 387 of 1893, § 1.)

§ 228. Fiscal year; meeting of town boards.-The fiscal year in such towns shall begin on the first day of January and terminate on the thirty-first day of December. The board of town auditors shall meet annually for the purpose of auditing the ac

Town Business in Certain Counties.

S$ 229-231

counts of town officers at the office of the town clerk on the thirtieth day of December, at two o'clock in the afternoon, except when the same shall occur on Sunday, in which case such meeting shall be held on the twenty-ninth; and all town officers or boards of town officers who receive or disburse any moneys belonging to the town shall account for the same, under oath, to said board, annually, at such meeting. (As amended by chap. 387 of 1893, 1.)

§ 229. Canvass; inspectors.-It shall be the duty of the justices of the peace to attend at the office of the town clerk on the second day after each town meeting, at ten o'clock in the forenoon, as a board of town canvassers, and canvass the votes of several election districts, and the town clerk shall act as clerk in such canvass, and shall enter in his record a statement of the same, and of the number of votes for each candidate in the several districts, and of the officers elected, which record shall be signed by him and by the justice or justices acting as such canvassers. From the two persons who shall have the highest number of votes next to the two inspectors elected for each election district, the said justice or justices shall thereupon select the third inspector for such district, which shall also be entered in such record. (As amended by chap. 387 of 1893, §1.)

§ 230. Canvass in case no justice present.--The justice or justices of the peace present at the time and place so appointed shall proceed with the canvass, and if none shall be present, the town clerk shall appoint some suitable person, who shall be sworn by him faithfully to perform such duty; and if the town clerk be absent, the justice or justices present shall appoint a suitable person in his place, who shall be sworn in like manner, and the persons so appointed shall possess all the powers and be subject to all the duties and responsibilities of the officers in whose place they are appointed. If any of the returns shall not have been received, or shall be required to be returned to the inspectors for correction, an adjournment may be taken for the purpose of procuring the proper returns. (As amended by chap. 387 of 1893, § 1.)

§ 231. Registry at town meeting.--The registry of the last preceding general election shall be the registry for such town meeting, and the board of registry in each district shall meet on one day, from nine o'clock in the forenoon until nine o'clock in the evening, not less than three nor more than fifteen days preceding each annual or special town meeting, of which meeting they shall

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give ten days' notice, by posting in ten or more public places in the district, for the purpose of completing the same, and at said meetings they shall place upon the registry the names of the voters of such district whose names do not appear thereon. (As amended by chap. 387 of 1893, § 1.)

§ 232. Resignations.—The supervisor and justices of the peace of each town or a majority of them may accept the resignation of any town officer, and make appointments to fill vacancies that may be occasioned thereby, or by death, removal from town, refusal to serve, failure to qualify or otherwise, and shall file the certificates thereof in the office of the town clerk. (As amended by chap. 387 of 1893, § I.)

$233. Vacancies.-The persons who may be appointed to fill vacancies in town offices shall serve until the second day following the next annual town meeting, or until their successors shall be duly elected and qualified; but no person appointed as justice of the peace to fill the vacancy of an officer whose term will expire on the thirty-first day of December next thereafter shall hold office by virtue of such appointment after such last mentioned day. Persons who may be elected to fill vacancies in town of fices shall serve during the remainder of the unexpired term. (Added by chap. 387 of 1893, § 1.)

§ 234. Official oath and undertaking.-Each of said town officers, except justices of the peace and inspectors of election, shall, before the commencement of the term for which they were elected or appointed, or if appointed to fill vacancies, within ten days after their appointment, severally take the constitutional oath of office and file the same in the office of the town clerk, and also, within the same time, file therein the undertakings, if any, which are required to be given by them for the faithful discharge of their duties. The undertaking of collectors shall be given in the manner and within the time required in other towns of this state. If the collector or any other of such officers shall fail, neglect, refuse or omit to comply with the provisions of this section, a vacancy shall thereupon be created, which shall be filled by appointment in the manner prescribed by this article; but none of the provisions of this section shall be deemed to extend to the bonds or undertakings of supervisor for school moneys, or other special purposes, which bonds or undertakings may be given by him after entering upon the duties of his office, in the manner now provided by law. (Added by chap. 387 of 1893, § 1.)

Repealing and Other Clauses.

S$ 235-241

235. Taxes and assessments.-The town board of each of said towns, consisting of the supervisor, town clerk and justice of the peace, shall have power to hire, occupy and use suitable office room within the county for the transaction of business in connection with the levying and collection of the taxes and assessments of such town, and to adopt measures for the preparation and purchase, from time to time and the care and preservation of the necessary books, maps, assessment-rolls and other papers connected therewith, and to prescribe and regulate the powers and duties of the assessors of such town so far as may not be inconsistent with existing laws, and to employ such persons as may be required to assist in securing correct and equitable valuations and assessments of property and for the effectual collection of the taxes therein. The compensation to be paid to the assessors for their services shall be fixed by the board of supervisors at rates not less than those now paid, and the expenses incurred under this section shall be a town charge, and raised and paid as other town expenses. (Added by chap. 387 of 1893, § 1.)

§ 236. Excise moneys.- All excise money shall be applied to and expended for such town purposes as the said town board may direct, except such portion thereof, if any, as shall be required to be paid to any public institution by special or local laws. (Added by chap. 387 of 1893, § 1.)

ARTICLE XI.

REPEALING AND OTHER CLAUSES.

SECTION 240. Laws repealed.

241. Saving clause.

242. Construction.

243. When to take effect.

Schedule.

§ 240. Laws repealed.—Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed. Such repeal shall not revive a law repealed by any law hereby repealed, but shall include all laws amendatory of the laws hereby repealed.

241. Saving clause. The repeal of a law or any part of it specified in the annexed schedule shall not affect or impair any act done or right accruing, accrued or acquired, or penalty, forfeiture or punishment incurred prior to the time when this act takes

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