TITLE 2. Meetings under this article, how called. Cemeteries excepted. Debts to be apportioned Gospel and school lots. [See post ch. S8. Whenever a meeting of the supervisors and overseers 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 said supervisors; but the supervisor calling the same, shall give at least three days' notice in writing to all the other officers, of the time and place at which such meeting is to be held. $9. The preceding sections shall not, however, apply to any cemetery, or burial ground; but the same shall belong to the town within which it may be situated, after a division shall have been made. $ 10. Debts owing by a town so divided or altered, shall be apportioned in the same manner as the personal property of such town; and each town shall thereafter be charged with its share of such debts, according to such apportionment. S 11. Nothing contained in this Title shall apply to any of the lots heretofore granted by the people of this state to any 16, Title 4.] town, for the support of the gospel and of schools, commonly called the gospel and school lots. TITLE II. OF TOWN-MEETINGS, AND THE TIME, PURPOSES AND MANNER Annual town meet held. OF ANNUAL AND SPECIAL TOWN-MEETINGS. SEC. 1 & 2. Annual town-meetings when and where held. 3. Enumeration of officers to be chosen at town-meetings. 4. Assessors and commissioners of highways to be fence viewers. 5. Powers of electors at annual town-meetings. 6. Additional power in regard to the poor. 7. Special town-meetings when to be held. 8. When notice is to be given. 9. Orders and regulations of town-meetings to be in force until repealed or altered. 10. No civil process to be served, on the day of town-meeting. S1. The citizens of the several towns in this state, qualified ings when by the constitution to vote for elective officers, shall annually assemble and hold town-meetings in their respective towns, at such place in each town, as the electors thereof at their annual town-meeting shall from time to time appoint. Time of holding annual town hit meetings. [340] 2 R. L., 125, § 1 & 5; Laws of 1823, 207, § 5; 5 N. Y., 23; 8 Cow., 286. $2. Each town shall hold its next annual town-meeting on the day now provided by law for such town, and the electors thereof shall then, and immediately before proceeding to the choice of town officers, fix the time for holding the annual town-meetings in such town; and all annual town-meetings in the respective towns, shall thereafter be held at such times as shall have been, from time to time, prescribed by the elec tors thereof, at their annual town-meeting. The time to be so fixed shall always be on some Tuesday between the first Tuesday in February and the first Tuesday in May, in each year; and when fixed, shall not be altered at any time within three years thereafter. See Laws of 1839, ch. 389, § 15. ᎪᎡᎢ, 1, be chosen. S3. There shall be chosen at the annual town-meeting in Officers to each town, one supervisor; one town clerk; not less than three, nor more than five assessors; one collector; two overseers of the poor; three commissioners of highways; three commissioners, and three inspectors of common schools; not more than five constables; one town sealer of weights and measures; as many overseers of highways as there are road districts in the town, except in the counties of Suffolk, Queens, Kings, and Richmond; and so many pound-masters, as the electors may determine. 1 R. L., 376, § 2; Laws of 1819, 190, § 9; 5 N. Y., 23; 21 W., 181. $4. The assessors and commissioners of highways elected Fence in every town shall, by virtue of their offices, be fence viewers viewers. of their town. $5. The electors of each town shall have power at their Powers of annual town-meeting, annual town 1. To determine what number of assessors, constables and meetings. pound-masters, shall be chosen in such town for the then ensuing year: 2. To elect such town officers as may be required to be chosen : 3. To direct such sum to be raised in such town, for the support of common schools for the then ensuing year, as they may deem necessary, but not exceeding a sum equal to the amount required by law to be raised therein for that purpose: 4. To direct the institution or defence of suits at law or in equity, in all controversies between such town and corporations, individuals, or other towns: 5. To direct such sum to be raised in such town for prosecuting or defending such suits, as they may deem necessary: 6. To take measures and give directions for the exercise of their corporate powers: 7. To make such provisions and allow such rewards for the destruction of noxious weeds, as they may deem necessary, and to raise money therefor: 8. To establish and maintain pounds at such places within such town as may be convenient: 9. To establish the compensation of the fence viewers, commissioners and inspectors of schools and collector of such town; but the compensation of such collector shall in no case be more than five, nor less than three per cent : 10. To make, from time to time, such prudential rules and regulations, as they may think proper, for the better improving of all lands owned by such town in its corporate capacity, [341] TITLE 2. Additional power. Special town meetings. Notices whether commons, or otherwise; for maintaining and amending partition or other fences around the same, or any part thereof, and circular fences for their lands, gardens, orchards and meadows; for protecting such lands from any trespass, and for directing the time and manner of using the same: 11. To make the like rules and regulations for ascertaining the sufficiency of all fences in such town; for determining the times and manner in which cattle, horses, or sheep, shall be permitted to go at large on highways; and for impounding animals: 12. To impose such penalties on persons offending against any rule or regulation established by such town, excepting such as relate to the keeping and maintaining of fences, as they may think proper; not exceeding twelve dollars and fifty cents for each offence: And, 13. To apply such penalties, when recovered, in such manner as they may think most conducive to the interests of such town. 2 R. L., 125, § 1; 132, § 15; 131, § 12; 135, § 24; 1 R. L., 287, § 23; Laws of 1819, 190; 1820, 175; 1823, 400, 207; 8 B., 645, B., 299; 4 B., 56; 5 D., 255; 1 D., 510; 19 J. R., 191; 12 J. R., 433; 2 J. C. R., 320. $ 6. In addition to the powers above specified, the electors of each town, bound to support its own poor, shall have power, at their annual town-meeting, to direct such sum to be raised in such town for the support of the poor for the ensuing year, as they may deem necessary. And every town may raise any money that may be necessary, to defray any charges that may exist against the overseers of the poor of such town. 1 R. L., 287, § 23; Laws of 1824, 382. $ 7. Special town-meetings shall be held to supply vacancies in the several cases hereinafter provided. They shall also be held whenever twelve or more persons eligible to the office of supervisor of the town shall, by application in writing, signed by them, and addressed to the town clerk, require a special town-meeting to be called, for the purpose of raising monies for the support of common schools, or of the poor, when a proposition to that effect shall not have been acted upon at the annual town-meeting; or for the purpose of deliberating in regard to the institution or defence of suits, or the raising of monies therefor: and no special town-meeting shall have power to act on any subjects, other than such as are specified in this section. 2 R. L., 126, § 1 & 16; 7 W., 488. S 8. No previous notice need be given of the annual townmeetings; but the town clerk shall, at least eight days before the holding of any special town-meeting, cause notices thereof, under his hand, to be posted at four or more of the most public places in the town; which notices shall specify the time, place and purposes of such meeting. ART. 2. [342] $9. Every order or direction, and all rules and regulations, made by any town-meeting, shall remain in force, until the orders, &c. same shall be altered or repealed at some subsequent townmeeting. 2 R. L., 131, §12. cess. $10. Whenever a town-meeting shall be held in any town, Civil prono civil process shall be served in such town on any elector entitled to vote therein, on any day during which such townmeeting shall be held. See Laws of 1839, ch. 389; 1845, ch. 180; 1847, chaps. 455, 480; 1851, ARTICLE SECOND. OF THE MODE OF CONDUCTING TOWN-MEETINGS. SEC. 11. Justices of the peace to preside at town-meetings. 12. They have power to preserve order. 13. If justice be absent, presiding officer to be chosen. 14. Town clerk to be clerk of the meeting; his duties. 15. If town clerk be absent, person to be chosen to act as clerk. 16. Town-meetings to be kept open in day time only; may be held for two days. 17. All questions to be decided by majority. 18. Proceedings in case any person shall be challenged. 19. Minutes of proceedings to be filed with town clerk. preside. S 11. It shall be the duty of the justices of the peace of Justices to each town, to attend every town-meeting held therein; and such of them as shall be present, shall preside at such meeting, and shall see that the same is orderly and regularly conducted. 2 R. L., 131, § 2. preserve S 12. The officers so presiding shall have the like authority Power to to preserve order, to enforce obedience, and to commit for order. disorderly conduct, as is possessed by the board of inspectors at a general election. 17 W., 523. officer if S 13. If there be no justice of the peace present at such Presiding meeting, then such person as shall be chosen for that purpose justice abby the electors present, shall preside, and shall possess the like sent. powers as the justices. meetinig $ 14. The town clerk last before elected or appointed, shall Clerk of be the clerk of the town-meeting, and shall keep faithful minutes of its proceedings; in which he shall enter, at length, every order or direction, and all rules and regulations, made by such meeting. $15. If the town clerk be absent, then such person as shall г. be chosen for that purpose by the electors present, shall act as clerk of the meeting. how long S16. Town-meetings shall be kept open in the day-time Meeting only, between the rising and setting of the sun; and if neces- kept open. sary, may be held two days successively, but no longer. 2 R. L., 131, § 4; 5 N. Y., 23; 8 Cow., 289. $17. All questions, upon motions made, at town-meetings, Majority to shall be determined by the majority of the electors voting; decide, &c. TITLE 2. Additional power. Special town meetings. Notices whether commons, or otherwise; for maintaining and amending partition or other fences around the same, or any part thereof, and circular fences for their lands, gardens, orchards and meadows; for protecting such lands from any trespass, and for directing the time and manner of using the same: 11. To make the like rules and regulations for ascertaining the sufficiency of all fences in such town; for determining the times and manner in which cattle, horses, or sheep, shall be permitted to go at large on highways; and for impounding animals : 12. To impose such penalties on persons offending against any rule or regulation established by such town, excepting such as relate to the keeping and maintaining of fences, as they may think proper; not exceeding twelve dollars and fifty cents for each offence: And, 13. To apply such penalties, when recovered, in such manner as they may think most conducive to the interests of such town. 2 R. L., 125, § 1; 132, § 15; 131, § 12; 135, § 24; 1 R. L., 287, § 23; Laws of 1819, 190; 1820, 175; 1823, 400, 207; 8 B., 645, 7 B., 299; 4 B., 56; 5 D., 255; 1 D., 510; 19 J. R., 191; 12 J. R., 433; 2 J. C. R., 320. S6. In addition to the powers above specified, the electors of each town, bound to support its own poor, shall have power, at their annual town-meeting, to direct such sum to be raised in such town for the support of the poor for the ensuing year, as they may deem necessary. And every town may raise any money that may be necessary, to defray any charges that may exist against the overseers of the poor of such town. 1 R. L., 287, § 23; Laws of 1824, 382. $ 7. Special town-meetings shall be held to supply vacancies in the several cases hereinafter provided. They shall also be held whenever twelve or more persons eligible to the office of supervisor of the town shall, by application in writing, signed by them, and addressed to the town clerk, require a special town-meeting to be called, for the purpose of raising monies for the support of common schools, or of the poor, when a proposition to that effect shall not have been acted upon at the annual town-meeting; or for the purpose of deliberating in regard to the institution or defence of suits, or the raising of monies therefor: and no special town-meeting shall have power to act on any subjects, other than such as are specified in this section. 2 R. L., 126, § 1 & 16; 7 W., 488. S8. No previous notice need be given of the annual townmeetings; but the town clerk shall, at least eight days before the holding of any special town-meeting, cause notices thereof, under his hand, to be posted at four or more of the most public places in the town; which notices shall specify the time, place and purposes of such meeting. |