answer fully, fully any of the foregoing questions, or any other question touching his qualifications as an elector at that election, the inspectors - L. 1857, ch. 85. shall reject his vote. ote to be ejected. SECTION 31. If the challenge be not withdrawn after the person offering to vote shall have answered the questions put to him as aforesaid, one of the inspectors shall tender to him the following oath : f he refuse oath, ote shall be reected. d. When vote is You do solemnly swear, [or affirm, as the case may be,] that you are twenty-one years of age; that you are a citizen of the United States, [or that you have declared your intention to become a citizen, conformably to the laws of the United States on the subjeet of naturalization;] that you have resided in this state one year next preceding this election; that you are now a resident of this town, [or ward, as the case may be ;] that you have not voted at this election; and that you have not made any bet or wager, or become directly or indirectly interested in any bet or wager, depending upon the result of this election. SECTION 32. If any person shall refuse to take the oath or affirmation so tendered, his vote shall be rejected. SECTION 33. Whenever any person's vote shall have been received after having taken the oath provided in the thirty-first section of this chapter, it shall be the duty of the clerks of the Merk shall write election to write on the poll book, at the end of such person's eceived, after ath taken, d. sworn," &c. f oath taken, rote received. d. Powers and du f town meeting. name, "sworn." SECTION 34. If any person so offering to vote shall take such oath, his vote shall be received. SECTION 35. The chairman of each town meeting shall reguies of chairman late its proceedings and decide all questions of orders arising at such meeting, and shall make public declaration of all votes passed; he shall possess authority to enforce obedience to his lawful requirements; and if any person, at such meeting, shall conduct himself in a disorderly manner, and after notice from the chairman shall persist therein, the chairman may order him to withdraw from the meeting; and, on his refusal, may order any constable or other person to take him into custody until the meeting shall be adjourned.' Powers of inpectors and -hairman to pre SECTION 36. In addition to the provisions of the preceding section, the inspectors or chairman shall have the same authority serve order, &c. to preserve order, to enforce obedience, and to commit for disorderly conduct, as is possessed by the board of inspectors at a general election. SECTION 37. All questions upon motions made at a town etermined by meeting shall be determined by a majority of the electors voting. Motions to be majority voting. Canvass, when CANVASS OF VOTES. SECTION 38. At the close of every election, the votes given nd how made. by ballot shall be publicly canvassed, by the inspectors, at the place where the meeting was held; which canvass, when commenced, shall be continued without adjournment or intermission, until the same shall be completed.2 1 The order of the chairman to take a person from the meeting, for disorderly conduct, need not be in writing, but may be given to the constable, or other person, verbally.-[ Parson v. Brainard, 17 Wen., 522. 2 When there is a doubt as to the individual meant to be voted for, on account of the mis SECTION counted and the poll list gether, and and from a number of er were giv the ballots s of names of which they draw out an to such exce on the poll then procee SECTION ascertained licly read to for each of each person elected, by reading shai any office a entered on t SECTION writing, setti Votes given such votes person; and persons elect shall be left determine cor Before the ballots are opened, they shall be Proceedings to red with the number of names of voters on rect number of f two or more ballots shall be found folded to- ballots. pectors shall be satisfied from their appearance, rison of the number of votes given with the on the poll list, that the ballots so folded togeththe same person, they shall be rejected; and if e found to exceed in number the whole number poll list, they shall be placed in the box from aken, and one of the inspectors shall publicly roy, unopened, as many ballots as shall be equal ne number of ballots and the number of names reeing, or being made to agree, the board shall anvass and estimate the votes. names of persons and names of The canvass being completed, and the result Clerk to read etermined by the inspectors, the clerk shall pub-voted for, the meeting the names of the persons for whom votes number of votes, ere given, and the number of votes so given to those elected. the names of the persons declared to be duly nspectors, to each office respectively; and such leemed sufficient notice to every person elected to deemed notice to h meeting, of his election, whose name has been those voting. oll list as a voter. Reading to be The inspectors shall also draw up a statement in Statement to be drawn up by inorth in words at full length, the whole number of spectors, &c. each office, the names of the persons for whom e given, and the number of votes given to each ify upon such statement their determination of the which statement and certificate of determination 1 the town clerk, and recorded in his office.' e, or the addition of different or erroneous Christian names, facts and lic notoriety, dehors the ballot, connected with the election and the re competent as evidence to ascertain for whom the ballots were inarpenter v. Ely, 4 Wis. R., 420. tement of inspectors, of result of election at town meeting. a statement setting forth the whole number of votes given names of the persons for whom such votes were given, and es given to each person, at an election at a town meeting in the town of Lemonwier, in the county of Juneau, on the sons receivgreatest aber of votes e elected. SECTION 42. The persons having received the greatest number of votes given for any office at such election, shall be deemed and declared duly elected; and if two or more shall have received the greatest and an equal number of votes for the same office, the al to be deter- inspectors of the election shall determine the choice by lot, (which lots shall be drawn by the persons receiving the equal number of votes, or in the absence of one or both of such persons, or their refusal to draw by lot, the inspectors shall appoint a competent person to draw the same for them,) and shall declare and certify the same accordingly. en votes ed by lot. -n clerk to SECTION 43. It shall be the duty of the town clerk of each smit to clerk town within this state, within ten days after the holding of the t of election. annual town meeting of his town, to transmit to the clerk of the 1851, ch. 67. board of supervisors of the county, a certified statement of all officers elected in his town.1 oard state O eligible to office. oath of office SECTION 44. OF TOWN OFFICERS. No person shall be eligible to any town office unless he shall be an elector of the town for which he shall be chosen. ain town offi- SECTION 45. Every person elected or appointed to the office to take and of supervisor, town clerk, assessor, treasurer, town superintendent in ten days. of schools, sealer of weights and measures, or constable, within ten days after he shall be notified of his election or appointment, shall take and subscribe before the town clerk, or some other person authorized to administer oaths, an oath to support the constitution of the United States, and the constitution of this state, and faithfully to discharge the duties of his office (naming the same) to the within statement, subscribed by us, do certify that we have determined that the 18-. A. D. SMITH, day of inspectors. NOTE. This certificate should be indorsed upon the statement. It will be observed that the number of votes in the statement is to be written out in words at full length : figures should not be used. 1 Form of statement of town officers elected, to be transmitted to clerk of board of supervisors. The following is a statement of all officers elected in the town of Mosiner and county of Marathon, at the annual town meeting in said town on the day of 18-. best of his and certifie date of taki the duties o within ten d SECTION at a town n elected, wh election, as chosen or a is required scribed by such office. SECTION an oath or office before fined in a su SECTION unable from such office, liable to a f have served election, sha have given ten days aft SECTION except justi until his suc ; such oath shall be administered without fee, he officer before whom it was taken, with the e same; and such person, before entering upon ffice, shall cause said oath so certified to be filed the office of the town clerk.1 Within five days after the election of any officers Clerk to notify , the town clerk shall transmit to each person if his name not person elected, me shall not be found on the poll list of said on poll list. er, a notice of his election; and if any person ted to any town office, of whom any oath or bond Neglect to file neglect to file the same within the time pre-refusal to serve. uch neglect shall be deemed a refusal to serve in bond deemed a tering upon If any person elected to a town office, of whom Penalty for enis required, shall enter upon the duties of such office before oath shall have filed such oath or bond, he shall be or bond filed. ot exceeding fifty dollars. fine. If any person elected to any town office, unless Persons refusing or neglecting to ease or other infirmity to discharge the duties of serve liable to 1 refuse or neglect to serve therein, he shall be f ten dollars; but no person so elected, who shall any town office for the term next preceding such e liable to such fine for refusing to serve, if he shall ce in writing of refusal, to the town clerk, within when not liable. aving been notified of his election.3 Every town officer elected at an annual meeting, Town officers except justices, to of the peace, shall hold his office for one year, and hold office one sor is elected and qualified. year. 8 elected vacancies, SECTION 50. Every town officer elected at a special meeting ong to hold. to fill a vacancy, shall hold his office during the unexpired portion of the regular term of such office, and until his successor is elected and qualified. ty for not SECTION 51. Every town officer who shall, after the expiraring mon- tion of his office, neglect or refuse to deliver on demand to his successor in office, after such successor shall have been duly qualified according to law, all moneys, records, books, and papers, or other property appertaining to such office, shall be liable to pay a fine not less than fifty, nor more than two hundred dollars, to be recovered before any court having jurisdiction thereof. visors may OF RESIGNATIONS AND VACANCIES. SECTION 52. The board of supervisors of any town, for suffiresigna- cient cause shown them, may accept the resignation of any town officer, addressed to them in writing; and whenever a resignation shall be accepted by the supervisors, they shall indorse thereon such acceptance, and cause the same to be filed in the office of the town clerk and when a justice of the peace resigns his office, the clerk shall immediately give notice of such resignation to the clerk of the circuit court of the county.' ever justice 8, clerk to otice. superviay make itment of SECTION 53: Whenever there shall be a vacancy, or when the incumbent shall from any cause be unable to perform the n officers. duties of any office to which he may have been elected, except that of justice of the peace and town treasurer, the town board of supervisors may make temporary appointments of suitable persons to discharge the duties of such offices respectively, and such persons so appointed shall take and file the oath of office required by law, and shall discharge the duties thereof until the same is filled by election or the disability is removed. appoint treasurer tain cases. SECTION 54. If the treasurer of any town shall refuse to serve, or if his office shall become vacant, or if he shall be unable from sickness or any other cause to perform the duties of his office, the board of town supervisors shall forthwith appoint a treasurer for the remainder of such term of office; and the person so appointed shall take and file the oath of office, and shall give the like security, the law being to enforce the performance of the duties, and if the town proceed to a new 1 Form of resignation of town officer. To George Miller, chairman, Henry Knapp, and E. B. Thrall, composing the Dated at Utica, this day of 18-. ad be subj same power e was app crmer treas aim or them SECTION be one or mo be deemed j to their res chosen as sh such town. SECTION of justices of writing to th ods not less than office to be s neglect to att for such justi and the numb ation of the te SECTION of such drawi shall be filed transmit to th supervisors. Town of Arlingt I hereby certif |