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and thereafter one commissioner shall be elected annually, who shall hold his office for three years. A commissioner elected to fill a vacancy shall hold office only for the unexpired term; and if two vacancies are to be filled, the canvassers shall determine their respective terms as above provided. When a town resolves to reduce the number of commissioners, those then in office shall, notwithstanding, continue till the expiration of their respective terms, but no new election or appointment shall be made until after the number has been reduced to the required number by the expiration of terms of office or the happening of vacancies. 1 R. S., 650, § 5.

CHAPTER III.

TOWN OFFICERS.

ARTICLE I. Qualifications, terms of office and compensation.

II. Vacancies.

III. The supervisor.

IV. The town clerk.

V. The fence viewers.

VI. The board of auditors.

VII. Provisions relating to several town officers.

ARTICLE I.

QUALIFICATIONS, TERMS OF OFFICE AND COMPENSATION.

SECTION 996. Collector to give bond.

997. Commissioner of highways to give bond.

998. Overseer of poor to give bond.

999. Constable to give undertaking.

1000. Oath of office.

1001. Notice of acceptance.

1002. Filing bonds.

SECTION 1003. Proof of execution of constable's undertaking.
1004. Filing and effect of the collector's bond.
1005. What neglect is deemed a refusal to serve.
1006, 1007. Penalties for refusal to serve.

1008. Quakers excused from swearing as assessors.
1009. No fee for taking oath of office.

1010. Penalty for serving without having taken oath.
1011. Terms of office.

1012. Certain officers paid by the day.

1013. Commissioner of highways.

1014. Pound-masters' fees.

give bond.

§ 996. Within ten days after any collector Collector to receives notice of the amount of the taxes to be collected by him, and before entering on the duties of office, he shall execute to the town a bond, with one or more sureties, in double that amount, conditioned for the faithful execution of his duties as collector.

1 R. S., 654, § 41.

sioner of highways to

give bond.

§ 997. Every commissioner of highways shall Commis. execute to the town a bond, with two sureties, in the penalty of one thousand dollars, conditioned 'that he will faithfully discharge his duties as such commissioner, and, within ten days after the expiration of his term of office, render to his successor a true account of all moneys received and paid out by him as such commissioner, and pay the amount justly due to such successor.

Ib., § 47.

of poor to

give bond.

§ 998. Every overseer of the poor shall execute Overseers to the town a bond, with one or more sureties, conditioned that he will faithfully discharge the

Constableto give undertaking.

Oath of office.

Notice of acceptance.

Filing bonds.

duties of his office, and will pay, according to law, all moneys that come into his hands as overseer.

Laws of 1855, ch. 269.

§ 999. Every constable shall execute to the town an undertaking, with one or more sureties, jointly and severally agreeing to pay to every person who may be entitled thereto, any sums the may become liable to pay on account of any execution which may be delivered to him. 1 R. S., 654, § 43.

constable

§ 1000. Every supervisor, town clerk, assessor, overseer of the poor, commissioner of highways, constable, town sealer and collector, shall take the oath of office as required by section 210 of this Code, before a justice of the peace, commissioner of deeds or the town clerk.

§ 1001. Every overseer of highways, or poundmaster, shall give written notice to the town clerk of his acceptance of the office.

Ib., § 39.

§ 1002. The sureties in any such bond or undertaking of any town officer shall be approved by the supervisor or town clerk by indorsement upon the instrument. Every such instrument, with the approval thereof, except the collector's bond, and every oath and notice required by the foregoing provisions, shall be filed in the office of the town clerk within ten days after the officer giving it has

notice of his being chosen, and before he enters on the duties of his office.

From 1 R. S., §§ 34, 37, 39, 41, 43, 47, 48.

ecution of constable's

ing.

§ 1003. The constable's undertaking shall be Proof of exexecuted by the several obligors in the presence undertak of the officer to whom it is presented for approval; and a copy, certified by the town clerk, is presumptive evidence of its execution by them. Ib., § 44.

§ 1004. The collector's bond shall, within the time required for its execution, be delivered to the supervisor, who shall, within six days thereafter, file such bond, with his approbation indorsed thereon, in the office of the county clerk, who shall make an entry thereof, in a book to be provided for the purpose, in the same manner in which judgments are entered of record; and every such bond shall be a lien on all the real property held jointly or severally by the collector or his sureties within the county, at the time of the filing, and shall continue to be such lien till its condition, together with all costs and charges which may accrue by the prosecution thereof, are fully satisfied.

Ib., § 42.

§ 1005. The neglect to take and file the oath, or give the notice, bond or undertaking required from any person by the provisions of this article, within the specified time, shall be deemed a refusal

to serve.

Filing and

effect of the collector's

bond.

What neg

lect is deemed a

refusal to

serve.

Penalties for refusal to serve.

Penalties

for refusal to serve.

Quakers excused from serving as

assessors.

No fee for
taking oath
of office,
&c.

1 R. S., 654, §§ 38, 40, 46. By making this provision general, it becomes applicable to the offices of commissioners of highways and overseers of the poor.

§ 1006. If any person elected or appointed supervisor, town clerk, assessor, commissioner of highways, or overseer of the poor, refuses to serve, he is liable to the town in a penalty of fifty dollars. 1 R. S., 654, § 48.

§ 1007. If any person elected or appointed to the office of overseer of highways, pound-master or town sealer, refuses to serve, he is liable to the town in the penalty of ten dollars.

Ib., § 49.

§ 1008. No Quaker or reputed Quaker shall be liable to a penalty for refusing to serve as assessor, if he makes affirmation before a justice of the peace, within three days after notice of his being chosen, that he has conscientious scruples about executing the duties of the office; and within eight days after making it files it with the town clerk.

Ib., §§ 50, 51.

§ 1009. The officer before whom any oath or affirmation is by this article required to be taken, shall take and certify the same, specifying the date thereof, and without any fee.

Ib., §§ 35, 36, 51.

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