pletion thereof, as the officer first chosen into the same office at the next preceding annual meeting might have done, and shall be liable to the same penalties and forfeitures for not accepting or not taking the oath of office, and for every neglect of duty, as if chosen at the annual meeting for the election of officers. (Sec. 22 of R. S.)

SECT. 25. The inhabitants of any town, at their annual meeting, may provide such compensation for any town officer as they shall judge just and reasonable. (Sec. 23 of R. S.)

SECT. 26. The annual meeting may be adjourned to any other time, when the business of the meeting may be completed. (Sec. 24 of R. S.)

SECT. 27. The several constables of towns, before they enter upon the duties of their respective offices, shall give bonds to such towns, for the faithful performance of such duties, in such sums and with such sureties as the selectmen may require; and the towns may also require similar bonds of their treasurers and clerks. (Sec. 25 of R. S.)

SECT. 28. If any person, chosen to either of the offices mentioned in the preceding section, shall refuse to give bonds, as therein provided, his office shall be considered vacant. (Sec. 26 of R. S.) SECT. 29. The several towns shall be liable to make good all damages, which shall accrue to any person, by reason of the neglect or default of any town clerk or constable of such town, to be recovered by action on the case. (Sec. 27 of R. S.)

TOWN CLERK.

SECT. 30. The town clerk shall record all votes, resolutions and by-laws, passed at any town meeting, during his continuance in office, and shall keep a record of the names of all persons elected to any town office. (Sec. 28 of R. S.)

SECT. 31. He shall record, at length, in suitable books, to be furnished by the town, all deeds and other instruments and evidences respecting real estate, and all writs of execution, and all other writs, or the substance thereof and the returns thereon, as required by law, which shall be delivered to him for record. (Sec. 29 of R. S.)

SECT. 32. He shall also furnish, and keep in his office, contained in, or annexed to, the books of record for deeds and other evidences concerning real estate, a suitable index of reference to every instrument on record in such books. (Sec. 30 of R. S.)

SECT. 33. He shall keep a record of the births and deaths of all persons within his town, coming to his knowledge, and shall specify, in such record, the day of each birth and death, and the names of the parents of such persons, if known, on being furnished with the evidence thereof, as provided in the next section; he shall also record all certificates of marriage, which occur in his town, on being furnished with such certificates. (Sec. 31 of R. S.)

SECT. 34. Parents shall give notice to the clerk of their town, of all the births and deaths of their children, and every householder shall give the like notice of every birth and death happening in his house, and the eldest person, next of kin, shall give such notice of the death of his kindred ;-and every person, neglecting to give such

notice, shall forfeit and pay not exceeding one dollar for each month's neglect, to be prosecuted by the town grand juror, for the town, and the town clerk shall inform a grand juror of his town, of all such neglects. (Sec. 32 of R. S.)

SECT. 35. The town clerk shall furnish certified copies of any instrument on record in his office, on the tender of legal fees for such service, and his attestation shall be a sufficient authentication of such copies. (Sec. 33 of R. S.)

SECT. 36. If any town clerk shall neglect or refuse to record any deed, conveyance or other instrument, delivered to him for record, or shall refuse to give any copy of any record in his possession, or shall, on proper request, refuse to show any record or any files in his office, he shall forfeit and pay, for each such neglect or refusal, a sum not exceeding twenty dollars, to the town treasurer, with costs of suit, and shall be further liable to the party injured by such neglect or refusal, in damages, to be recovered by an action on the case. (Sec. 34 of R. S.)

SECT. 37. Each town clerk shall transmit to the state treasurer, by the twentieth day of October, annually, a certificate of the name of the first constable of his town; and, on neglect to make such return, shall forfeit a sum not exceeding fifty dollars, to be recovered to the use of the state treasury, by information filed by the state's attorney. (Sec. 35 of R. S.)

SECT. 38. When any town shall choose a new town clerk, he shall, as soon as may be, demand of the former town clerk, at his office, all the records, files and papers belonging to the town clerk's office, and if such former town clerk shall neglect or refuse to deliver such records, files and papers, on such demand, he shall forfeit and pay to the treasurer of the town, fifteen dollars for every week's neglect, after demand made, to be recovered on complaint of any informing officer, or of the town clerk for the time being. (Sec. 36 of R. S.)

SECT. 39. When, from any cause, a vacancy shall occur in the office of town clerk, in any town, the selectmen shall supply such vacancy, until a new election shall be made; and the town clerk, so appointed by the selectmen, shall be sworn, shall have all the powers, and be subject to all the duties, requirements and liabilities of a town clerk elected by the town. (Sec. 37 of R. S.)

SECT. 40. During the sickness, absence or other temporary disability of the town clerk, his official duties may be discharged by an assistant clerk, for whose official acts such town clerk shall be responsible, as for his own,-which assistant clerk, the town clerk shall, immediately after his election, appoint, and a record of such appointment shall be made in the town clerk's office, and such assistant clerk shall hold his office, until another assistant clerk shall be appointed in his stead. (Sec. 38 of R. S.)

SECT. 41. Such assistant clerk shall be sworn, and all records and copies, made and certified by the assistant clerk, shall, to all intents and purposes, be as regular and valid as if made and certified by the town clerk. (Sec. 39 of R. S.)

SECT. 42. When a deed, or other instrument for record, shall be left in the office of the town clerk, he shall enter upon the record of

such deed or instrument the true day and time of day when the same was received into his office, and shall endorse and sign, upon such deed or instrument, a certificate of the same fact. (Sec. 40 of R. S.)

SELECTMEN.

SECT. 43. The selectmen shall have the general supervision of the concerns of the town, and shall cause all duties required by law of towns, and not committed to the care of any particular officer, to be duly performed and executed. (Sec. 41 of R. S.)

SECT. 44. They shall, seasonably, make out and deliver to the proper collectors, all tax bills for the collection of state, county or town taxes, wherein they shall insert the name of each person taxed, with the amount of his tax, which they shall assess, uniformly and proportionably, on the grand list, and shall annex, to the town tax bill, a warrant for the collection of each town tax. (Sec. 42 of

R. S.)

SECT. 45. They shall, in like manner, make out highway tax bills, and deliver them seasonably, as required by law, with a warrant for their collection, to the surveyor of each highway district. (Sec. 43 of R. S.)

SECT. 46. Whenever a town shall neglect to appoint an overseer of the poor, or when the office of overseer of the poor shall be vacant, the selectmen shall be overseers of the poor, and perform all the duties required by law of the overseer. (Sec. 44 of R. S.)

SECT. 47. The selectmen, on application of seven freeholders of their town, shall appoint one or more surveyors of wood for such town; and, on application of any person interested, any such surveyor may measure wood or bark, and shall be entitled to receive from the person making application to him, therefor, four cents for each cord of wood or bark so measured. (Sec. 45 of R. S.)

SECT. 48. The selectmen are authorized to draw orders on the town treasurer, for the payment of any sum, which shall be assessed to any person, as damage for any land or property taken or improved for a highway or other public use, or for any sum, which may be settled by agreement or awarded to any person, for damage sustained by reason of the insufficiency of any highway or bridge.

of R. S.)

(Sec. 46

SECT. 49. The selectmen shall also audit, and, in their discretion, allow the claim of any person against the town for money paid or services performed for the town, and may draw orders on the treasurer for the sums so allowed. (Sec. 47 of R. S.)

SECT. 50. The selectmen shall keep a record of all accounts by them allowed, and all orders drawn on the treasury, and shall present, to the annual town meeting, a general statement of the property, finances and pecuniary situation of the town. (Sec. 48 of R. S.)

BOARD OF CIVIL AUTHORITY.

SECT. 51. The selectmen and justices, residing in any town, shall constitute the board of civil authority of such town; and shall

have power to abate the tax of any person in such town, who may have died insolvent, removed out of the state, or is otherwise unable to pay such tax; and may abate, in whole or part, any tax, which has been assessed on the list of any person, in which there is a manifest error, or in which there is a mistake of the listers or assessors, who made up such list;-and the said board shall have all the power, in abating taxes, that may be exercised by the inhabitants of a town, in town meeting assembled ;-provided that the sum, so abated, shall not exceed one-twentieth part of any tax bill. (Sec. 49 of R. S.)

SECT. 52. The board of civil authority shall take an account of all taxes so abated, and the constable or collector shall, in the presence of the board, endorse the taxes so abated, in whole or in part, and the person, from whom the sum, so abated, was payable, shall, thenceforth, be discharged, according to the abatement so made. (Sec. 50 of R. S.)

SECT. 53. Whenever it shall become necessary to have a meeting of the board of civil authority, of any town in this state, for abatement of taxes, or for any other purpose, the selectmen of said town, or either of them, shall, on application, appoint and notify such meeting; which notice shall be given personally to all the selectmen, and justices of the peace of such town, previous to such meeting, or be posted up, at three or more public places in such town, at least five days previous to said meeting; and the acts of a majority of the board of civil authority aforesaid, present at such meeting, shall be as good and valid as though executed by the whole of said board of civil authority. (No. 28 of 1847.)

TOWN TREASURER.

SECT. 54. The town treasurer shall keep a correct account of all moneys, bonds, notes and other instruments and evidences of debt, paid or delivered to him, to the use of the town. (Sec. 51 of R. S.)

SECT. 55. He shall keep fair books of entry, which shall, at all times, be open to the inspection of any person interested. (Sec. 52 of R. S.)

SECT. 56. He shall pay all orders drawn on him by the selectmen or overseer of the poor, out of any money in the treasury, and, on his neglect or refusal to pay any such order on demand, the holder of such order may maintain an action thereon against the town, and shall recover the amount thereof, with interest, from the time of such demand. (Sec. 53 of R. S.)

SECT. 57. A settlement with the treasurer shall be made by the auditors within fifteen days after each annual meeting. (Sec. 54 of R. S.)

SECT. 58. The treasurer, whose term of office shall have expired, shall pay over to his successor in office all such balance or sums of money as shall appear to be in his hands and due to such town; and the treasurer, who is reëlected, shall hold all moneys, so found due from him, subject to the order of the town, or its proper officers, authorized to draw orders on the treasurer. (Sec. 55 of R. S.)

SECT. 59. If, upon such settlement, it shall appear that there is a balance due to the treasurer, whose term of office shall have expired, the auditor shall draw an order for the balance on the treasurer for the time being, who shall pay the same out of the moneys, which may be collected to defray the incidental charges of said town, or, if such treasurer be reëlected, they shall give him a writing, authorizing him to credit himself such sum. (Sec. 56 of R. S.) SECT. 60. The treasurer, going out of office, shall deliver over to his successor in office, all moneys and all books of account, and other documents and papers belonging or relating to said office, within one month after the termination of his office, on pain of forfeiting to said town a sum not exceeding two hundred dollars, to be recovered by the town treasurer for the time being. (Sec. 57 of R. S.)

SECT. 61. Any town may recover, in an action for money had and received, of a person, who has held the office of town treasurer, such sum as shall be found in his hands on settlement, as provided in the fifty-fifth section, (§ 58 of this chap.) if such person shall neglect or refuse payment thereof, on demand made by his successor in the office of treasurer. (Sec. 58 of R. S.)

CONSTABLES.

SECT. 62. The first constable, elected in each town, shall be the collector of state taxes for such town. (Sec. 59 of R. S.)

SECT. 63. Each constable, within the town for which he is elected, may serve any writ or precept, issuing from any court or authority in this state, except writs to which he is a party, or to which a private corporation of which he is a member may be a party, or interested; and shall have the same powers, within such town, and be under the same liabilities, and subject to the same penalties, as sheriffs in their respective counties. (Sec. 60 of R. S.)

SECT. 64. The constable of any town adjoining the waters of lake Champlain, may serve any writ or other process, on any part of the waters of said lake, included in the county to which such town belongs. (Sec. 61 of R. S.)

SECT. 65. The jurisdiction of a constable, for the service of any writ or process returnable before a justice, shall include the county in which such constable resides, provided the town, by which he is elected, shall, at its annual meeting, by vote, consent to such extended jurisdiction: and every constable may serve any citation, issued by commissioners of jail delivery, in any place within such county, without such vote or consent of the town, by which he is elected. (Sec. 62 of R. S.)

SECT. 66. The inhabitants of any town shall have liberty to agree with some suitable person to fill the office of first constable, in such method as they shall judge most advantageous, and such person shall, afterwards, be chosen by the town. (Sec. 63 of R. S.)

SECT. 67. The first constable, chosen annually in each town, shall levy and collect all the state and other taxes required by law, and account therefor with the several treasurers, to whom the taxes,