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Duties of

town clerk.

Neglect to make re


SECTION 1021. Duties of town clerk.

1022. Neglect to make return.

§ 1021. It is the duty of the town clerk:

1. To take charge of all the records, books and papers of the town, and file all papers required to be filed in his office;

2. To transcribe at length, in the records of the town, the minutes of every town meeting;

3. To deliver to the supervisor, before each annual meeting of the board of supervisors, certified copies of all entries in the town records of votes for raising money, made since the last meeting of the board;

4. Immediately after the qualifying of any constable, to return his name to the county clerk;

5. To perform such other duties as are imposed upon him by any provision of law.

1 R. S., 659, §§ 11, 14.

§ 1022. Any town clerk who willfully neglects to make any return required by subdivision 4 of the preceding section, is guilty of a misdemeanor, punishable by fine not exceeding ten dollars.

Ib., § 15.



In this article we have embraced only those provisions which relate to the duties and powers of fence viewers. The rules respecting the rights and liabilities of coterminous owners are reserved for that part of the CIVIL CODE which regulates real property.

SECTION 1023. Disputes to be settled by fence viewers.

1024. Fence viewers, how chosen.

1025. Proceedings.

1026. Decision to be filed.

1027. Subpoenas.

be settled by fence

§ 1023. If dispute arises between the owners of Disputes to adjoining lands, concerning the portion of fence viewers. to be maintained or made by either of them, or the amount which one who fences his open land shall pay to an adjoining owner who had previously fenced his land, such dispute shall be settled by any two of the fence viewers of the town. 1 R. S., 661, § 33.

ers, how


§ 1024. Each party to the dispute shall choose Fence view. one of the two fence viewers, and if either neglect to choose after eight days' notice, the other party may select both.

Ib., § 34.


§ 1025. The two fence viewers shall examine the Proceedpremises and hear the allegations of the parties. If they disagree they shall select a third to act

Decision to be filed.

with them. The decision of any two shall be final upon the parties, and all holding under them.

1 R. S., 661, § 35.

§ 1026. Their decision shall be in writing, describing the fence, and the proportion to be maintained by each, and be forthwith filed in the town clerk's office.

Ib., § 36.

Subpoenas. § 1027. Either of the fence viewers has power to issue subpoenas to compel the attendance of witnesses in any such proceedings.

Ib., § 43.



SECTION 1028. The board.

The board.

Time and place of meeting.

1029. Time and place of meeting.

1030. Form and verification of accounts.

1031. Certificates of allowance.

1032. Annual statement.

§ 1028. The supervisor, town clerk and justices of the peace, or any two of the justices of the peace, constitute a board of town auditors for the purpose of auditing and allowing the accounts of all charges and claims payable by their town.

1 R. S., 663, § 46.

§ 1029. They shall meet annually, at the place of holding the last town meeting, on the Thursday next preceding the annual meeting of the board of supervisors of the county.

Ib., § 47.

verification of account.

§1030. No accounts shall be audited, unless Form and made out and verified in the mode prescribed by section 898, for accounts presented to the board of supervisors.

1 R. S., 680, § 26.

of allow. ance.

§ 1031. The board of town auditors shall make Certificates duplicate certificates, to be signed by a majority of them, specifying the name of the claimant, the nature of the demand and the amount allowed; one of the certificates shall be filed in the town. clerk's office, for the inspection of any inhabitants of the town, and the other shall be delivered to the supervisor to be by him laid before the board of supervisors at their annual meeting.

Ib., § 48.


§ 1032. The board of town auditors shall annu- Annual ally deliver to the clerk of the board of supervisors a brief abstract of the names of all persons who have presented to them accounts to be audited, the amounts claimed by each and the amounts finally audited by them respectively.

Ib., 683, § 42.



SECTION 1033. Delivery of books and papers to successor.

1034. Demand of books and papers.

1035. Funds to be delivered.

1036. Posting notice.

§ 1033. Whenever the right of any town officer Delivery of

to his office expires, the books and papers belong

papers to successor.



Posting notice.

ing to the office shall, upon his oath, or, in case of his death, upon the oath of his executors or administrators, be delivered on demand to his successor. The oath may be administered by the successor. Any person violating this section is liable to the town in a penalty of two hundred and fifty dollars.

1 R. S., 667, §§ 9 to 11.

§ 1034. It is the duty of each officer to make such demand on his predecessor or his executors or administrators, and to enforce the same by proceedings under article VII of chapter VI of title I of part III of this Code, entitled "Proceedings to compel the delivery of books and papers by public officers."


§ 1035. It is the duty of every supervisor, commissioner of highways and overseer of the poor, going out of office, to pay over to his successor the balance of moneys remaining in his hands, as ascertained by the board of town auditors.


§ 1036. If in any town there is no town-house at a time when any notice is by law required to be posted on the town-house door, it shall be posted on the outer door of the building in which the town meetings then are usually held; or in which the last previous town meeting was held.

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