Town Meetings and Election and Tenure of Town Officers. § 17 town board may by resolution require and approve. An over- Reprated 1901 C. 53 § 17. Inspectors for towns.-The presiding officer of each biennial town meeting shall, immediately after the votes are canvassed, appoint by writing, two additional inspectors of election for each election district, to be associated with the two inspectors who shall have been elected, and which inspectors, so to be appointed, shall be those two persons in each election district who shall have received the highest number of votes next to the two persons who shall have been elected inspectors, and which inspectors, so to be appointed, shall belong to and be of the same political faith and opinion on state and national issues as one or the other of the two political parties which, at the last preceding general election for state officers, shall have cast the greatest and next to the greatest number of votes in said town, but they shall not belong to the same political party nor be of the same political faith and opinion on state and national issues as the inspectors who shall have been elected. If the two inspectors elected belong to different political parties, the inspectors appointed shall be the two candidates for inspectors not elected and receiv ing the highest and next to the highest number of votes respectively, and belonging to different political parties. No ballot shall be counted upon which more than two names for inspector for any one election district shall appear. The various election inspectors elected, or elected and appointed, for towns, under the provision of existing laws, shall continue to serve as such inspectors until January first, eighteen hundred and ninety-five. On or before the second Tuesday in September next the several election inspectors in the various towns, appointed under the provisions of existing laws, shall each appoint one additional election inspector, who shall serve with the other three election inspectors during their term of office; such appointment shall be made in writing, and filed in the office of the town clerk. Such additional inspector shall belong to and be of the same political faith on state and national issues as the political party which, at the last preceding town meeting, shall have cast next to the highest number of votes, and when possible shall be one of the persons who, at the said town meeting, received next to the highest number of votes for election inspector. The additional inspector so appointed shall be subject to the provisions of existing laws, and of this act. (As amended by chap. 633 of 1893, § 1; chap. 348 of 1894, § 1; and chap. 481 of 1897, § 1.) § 18. Ballots for full term and vacancies.—When the electors of any town are entitled to vote for a justice of the peace, to fill a vacancy caused otherwise than by expiration of term, each elector may designate upon his ballot the person intended for a full term and for a vacancy, and if there are two vacancies, they may be designated as the longer and the shorter vacancy; and if three vacancies, the longer, shorter and shortest vacancy, and each person having the greatest number of votes with reference to each designation, shall be deemed duly elected for the term or vacancy designated. If ballots are voted without designation, the first name on the ballot shall be deemed as intended for the full term of the office voted for, the second name for the longer vacancy, the third name for the shorter vacancy and the fourth name for the shortest vacancy. The provisions of this section shall apply to new towns erected; and officers to be elected in such towns, except for a full term, shall be deemed elected to fill vacancies. (As amended by chap. 481 of 1897, § 9.) Town Meetings and Election and Tenure of Town Officers. §§ 19-22 8 19. Justices in new towns.—If there be one or more justices of the peace residing in a new town, when erected, they shall be deemed justices of the peace thereof, and shall hold their offices according to their respective classes; and only so many shall be elected as shall be necessary to complete the number of four for the town. (As amended by chap. 481 of 1897, § 10.) § 20. When more than four justices may hold office.-If by the erection of a new town, or the annexation of a part of one town to another, there shall at any time be more than four justices of the peace residing in any town, they shall hold and exercise their offices in the town in which they reside, according to their classes respectively; but on the expiration of the term of office of two or more justices, being in the same class, only one person shall be elected to fill the vacancy in that class. Whenever by the erection of a new town, or the annexation of a part of one town to another, any town shall be deprived of one or more justices of the peace, by their residence being within the part set off, the inhabitants of such town shall, at its next annual town meeting, supply the vacancy so produced in the classes to which such justices belong. (As amended by chap. 481 of 1897, § 10.) § 21. Fence viewers.-The assessors and commissioners of highways elected in every town shall, by virtue of their offices, be fence viewers of their town. (As amended by chap. 481 of 1897, § 10.) § 22. Powers of biennial town meetings.-The electors of each town may, at their biennial town meeting: I. Determine what number of constables, not exceeding five, and pound-masters shall be chosen in their town for the then ensuing two years; 2. Elect such town officers as may be required to be chosen; 3. Direct the prosecution or defense of all actions and proceedings in which their town is interested, and the raising of such sum therefor as they may deem necessary; 4. Take measures and give directions for the exercise of their corporate powers; 5. Make provisions and allow rewards for the destruction of noxious weeds and animals, as they may deem necessary, and raise money therefor; 6. Establish and maintain pounds at such places within their town as may be convenient; 7. Direct public nuisances in their town, affecting the security of life and health, to be changed, abated or removed and raise a sum of money sufficient to pay the expense thereof; 8. Make from time to time such prudential rules and regulations, as they may think proper, for the better improving of all lands owned by their town, in its corporate capacity, whether common or otherwise; for maintaining and amending partition or other fences around or within the same, and directing the time and manner of using such land; 9. Make like rules and regulations for ascertaining the sufficiency of all fences in such town and for impounding animals; impose such penalties on persons offending against any rule or regulation established by their town, excepting such as relate to the keeping and maintaining of fences, as they may think proper, not exceeding ten dollars for each offence, and apply the same, when recovered, in such manner as they may think most conducive to the interests of their town; 10. In towns bound to support their own poor, direct such sum to be raised, as they may deem necessary, for such purpose, and to defray any charges that may exist against the overseers of the poor in their town; 11. Determine any other question lawfully submitted to them. 12. Direct the sale and conveyance by the supervisor in the name of the town of property owned by it. Every order or direction, and all rules and regulations made by any town meeting, shall remain in force until the same shall be altered or repealed at some subsequent town meeting. (As amended by chap. 481 of 1897, § 11, and chap. 377 of 1900.) § 23. Special town meetings.-Special town meetings shall also be held whenever twenty-five taxpayers upon the last town assessment-roll shall, by written application addressed to the town clerk, require a special town meeting to be called, for the purpose of raising money for the support of the poor; or to vote upon the question of raising and appropriating money for the construction and maintenance of any bridges which the town may be authorized by law to erect or maintain; or for the purpose of determining in regard to the prosecution or defense of actions, or the raising of money therefor; or to vote upon any proposition which might have been determined by the electors of the town at the last annual town meeting, but was not acted upon thereat; or to vote upon or determine any question, proposition or resolution which may lawfully be voted upon or determined at a special town meeting. Special town meetings may also be Town Meetings and Election and Tenure of Town Officers. §§ 24-26 held upon the like application of the supervisor, commissioners of highways, or overseers of the poor, to determine questions pertaining to their respective duties as such officers, and which the electors of a town have a right to determine. An application and notice heretofore made and given for a special town meeting to be hereafter held for a purpose not heretofore authorized by law, but now authorized by law, shall be as valid and of the same force and effect as if such purpose had been authorized by law at the time of such application and notice. (As amended by chap. 280 of 1894, § 1, and chap. 481 of 1897, § 12.) § 24. Notices of town meetings. No previous notice need be given of the biennial town meetings; but the town clerk shall, at least ten days before the holding of any special town meeting cause notice thereof under his hand, to be posted conspicuously in at least four of the most public places in the town; which notices shall specify the time, place and purposes of the meeting. (As amended by chap. 481 of 1897, § 13.) § 25. Presiding officers of town meetings.--The justices of the peace of each town shall attend every town meeting held therein, except where such town meetings are held at the time of the general elections and such of them as shall be present, shall preside at such meeting, and see that the same is orderly and regularly conducted, and shall have the like authority to preserve order, to enforce obedience and to commit for disorderly conduct, as is possessed by the board of inspectors at a general election. If there be no justice of the peace at such meeting, then such person as shall be chosen for that purpose by the electors present, shall preside and shall possess the like powers as justices; such persons appointed shall take the constitutional oath of office, before entering upon his duties as such presiding officer. (As amended by chap. 481 of 1897, § 14, and chap. 363 of 1898, § 3.) § 26. Clerk of meeting.--The town clerk last before elected or appointed, or, if he be absent, such person as shall be chosen by the electors present, shall be the clerk of such town meeting, except when held at the time of a general election, 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; such person chosen by the electors present shall take the constitutional oath of office before entering upon his duties as such clerk. (As amended by chap. 481 of 1897, § 14, and chap. 363 of 1898, §. 3.) |