serving without taken oath. 1010. If any town officer, required by law to Penalty for take the oath of office, enters upon the duties of having his office before having taken it, he is liable to the town in the penalty of fifty dollars. 1 R. S., 654, § 52. office. § 1011. Town officers (excepting justices of the Terms of peace, commissioners of highways, where there are more than one, and assessors) shall hold their offices for one year, and until their successors are chosen and have qualified. Assessors each hold office three years. Justices of the peace four years. Ib., § 53; Ib., 321, § 68. § 1012. The following officers are entitled to Certain offcompensation at the rate of one dollar and fifty cents a day for each day actually and necessarily devoted by them to the service of the town in the duties of their offices: The supervisor, except when attending the board of supervisors, town clerks, commissioners of highways, assessors, inspectors of elections, clerks of the polls and overseers of the poor. No town officer shall be allowed any per diem compensation for his services unless expressly provided by law. Laws of 1857, ch. 615; 1 R. S., 663, § 50. cers paid by the day. 1013. When a town has but one commissioner commis. of highways he is entitled to two dollars a day. Laws of 1857, ch. 615. sioner of highways. Pound-masters' fees. § 1014. The pound-masters shall be allowed the following fees for their services: For taking into the pound and discharging therefrom every horse, ass or mule, and all neat cattle, twelve and a half cents each; for every sheep or lamb, three cents; and for every hog, six cents. 1 R. S., 664, § 55. ARTICLE II. VACANCIES. Resignations. Vacancy in office of supervisor or overseer of poor. Vacancies in other of. fices. SECTION 1015. Resignations. 1016. Vacancy in office of supervisor and overseer of the poor. 1017. Vacancies in other offices. § 1015. Any three justices of the peace may, for sufficient cause shown to them, accept the resignation of any officer of their town. In such case they shall forthwith give notice thereof to the town clerk. 1 R. S., 657, § 56. § 1016. Whenever the office of supervisor or of overseer of the poor becomes vacant, the town clerk, shall, within eight days after the happening of such vacancy, call a special town meeting to supply it, unless the next annual meeting will occur within sixty days. Modified from Ib., § 57. § 1017. Vacancies in other offices shall be filled as follows, by warrant in writing filed in the office of the town clerk, who shall give notice to the person appointed: peace 1. A vacancy in the office of justice of the shall be filled by the supervisor, town clerk and remaining justices of the peace, or by a majority of them. Before the person appointed enters upon office, a certified copy of the warrant of his appointment must be filed in the office of the county clerk;' 2. Vacancies in the offices of commissioner of highways and of assessors shall be filled until the next annual meeting by any three justices of the peace, or any two justices and the supervisor;" 3. A vacancy in the office of overseer of highshall be filled by the commissioners of highways of the town ;' ways 4. Vacancies in the office of collector shall be filled in the mode prescribed in the "Fiscal Laws ;” 5. In case of a failure at any annual town meeting to elect any town officer, and in case of a failure to fill, pursuant to section 1016, any vacancy in an office mentioned in that section, within fifteen days after such vacancy happens, and in case of all other vacancies in town offices except those in this section provided for, such vacancy shall be filled by any three justices of the peace; and if there are less than three justices residing in the town, one or two justices from any adjoining town may be associated with the justice or justices of such town to make up the number. 1 From Laws of 1859, 1092. 1 R. S., 1032, §§ 14, 15. 1 R. S., 657, §§ 54, 58, 59, 60. ARTICLE III. Duties of supervisor. THE SUPERVISOR. SECTION 1018. Duties of the supervisor. 1019. Auditing supervisor's accounts. § 1018. It is the duty of the supervisor: 1. To receive and pay all moneys raised for defraying the town charges, except those raised for highways, common schools and the poor; 2. To prosecute for all penalties, not exceeding fifty dollars, given by law to the town or for its use, and for which no other officer is specially directed to prosecute ; 3. To keep a true account of the receipt and expenditure of all moneys which come into his hands by virtue of his office, in a book to be provided for that purpose at the expense of the town, and to be delivered to his successor; 4. On the Tuesday preceding the annual town meeting, to account, with the justices of the peace and the town clerk, for the disbursement of all moneys received by him; 5. To attend the annual meeting of the board of supervisors of the county, and every adjourned or special meeting thereof of which he has notice; 6. To lay before the board of supervisors, at their next meeting, all accounts against the town which are presented to him; 7. To lay before the board of supervisors such copies of entries, concerning moneys voted to be raised in his town, as are delivered to him by the town clerk; 8. Within sixty days after being required so to do by the state engineer and surveyor, to cause a survey to be made of the bounds of his town and to transmit to him by mail, or otherwise, a map and description thereof, under penalty of fifty dollars (to be recovered as provided in section 129) for a neglect so to do. 1 R. S., 658, §§ 1, 4, 6, 10. § 1019. At every accounting mentioned in subdivision 4 of the preceding section, the justices and town clerk shall enter a certificate in the supervisor's book of accounts, showing the state of his accounts at that date. 1b., 5. Auditing supervisor's accounts. survey. § 1020. The expense of the surveys and maps Expense of mentioned in subdivision 8 of section 1018, shall be apportioned by the board of supervisors upon, and defrayed by, the several towns whose bounds either wholly or in part are described thereby. Ib., 9. |