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the peace, that may happen during such meeting; and that until the moderator of such town-meeting is chosen, the town-clerk, ex officio, shall be the presiding officer.
Sec. 4. And be it further enacted, That the moderator of Moderator every town-meeting, when legally chosen, shall, on a mo-com
0 questions tion being made and seconded, relative to any business to vote. regularly before such meeting, (after having heard such of the freemen as shall be desirous of speaking thereto, cause the votes of the freemen present to be taken thereon, upon the penalty of being suspended from the office of Penalty moderator, and shall forfeit and pay to such town twenty for refusal. dollars, to be recovered by an action of debt before any two justices or wardens of such town; and another moderator shall be chosen in the room of the moderator so suspended ; and the vote to suspend such moderator shall be put by the town-clerk, who in case of refusal to put the same shall be liable to the penalty aforesaid, to be recovered in manner aforesaid.
Sec. 5. And be it further enacted, That seven freemen seven at least shall be necessary to constitute a legal town-constitute meeting, and all things relating to town affairs shall be a meeting. decided by a majority of the votes of the freemen present; Majority except that in the town of Providence, twenty-one free-to men, at least, shall be necessary to constitute a meeting as aforesaid, and no special meeting shall be there called unless the application to the town-clerk therefor shall be signed by the number aforesaid.
Sec. 6. And be it further enacted, That each and every Towns town in this State shall have power and authority, when m legally convened, to make such acts and laws in their taxes. town, for the raising such sums of money as shall by them be thought needful for the defraying the incidental charges thereof, or paying the town debts, by a tax on real and personal estate, or both; but no poll-tax shall be levied or collected for any purpose whatever; and any town may include the said town's proportion of any State tax which has then been or may be assessed, in the assessment of such town-tax, and pay the same out of the town treasury, provided the same shall be voted at a legal meeting of the freemen of such town.
Sec. 7. And be it further enacted, That no vote shall be No tax to passed in any town-meeting concerning the disposing of unless the town's land, or making a tax, unless mention be made mentioned and notice given thereof in the warrant given out for the warning of such meeting; and that the town-clerk of each
Which town shall grant such warrant, unless in cases where the shall be law otherwise directs, which warrant shall be directed to granted by The clerk. the town-sergeant, or to either of the constables of the
town. Or eldest Sec. 8. And be it further enacted, That when any townjustice in case.
clerk shall be removed by death or otherwise, that then and in such case the eldest justice or warden of such town shall issue his warrant, to warn the freemen to assemble in town-meeting to choose a town-clerk in the room of him so removed, which warrant shall be directed
as aforesaid. Each town Sec. 9. And be it further enacted, That in each and to choose a council." every town there shall be annually appointed and con
stituted a town-council, to consist of five or seven good Who shall and substantial freeholders : that the persons elected be sworn. members of said council shall, previous to their entering
on the duties of their appointment, be sworn or affirmed
to the faithful discharge of their trust: that a major part Their of said town-council shall be a quorum : that the said power, &c.
town-council shall have full power to manage the affairs and interest of such town, to transact and determine all such matters and things as shall by law come within their jurisdiction, and to administer all necessary oaths and affirmations; and that the town-clerk shall also be clerk
of the council. Town
Sec. 10. And be it further enacted, That it shall be the cause free- duty of each town-clerk to cause the freemen of their men to be respective towns to be notified of any town-meeting which notified of
me shall be prescribed by law, and also of all other town-meetmeeting. ings which shall be legally called : that whenever seven
of freemen in any town (except Providence, where the numcalling ber shall be twenty-one, as aforesaid shall make in writing town
a request for the calling of a town-meeting, to transact meeting.
any business relating to such town, and direct the same to the town-clerk, it shall be the duty of such town-clerk to cause the freemen to be notified of the time and place when and where the same is to be holden, and of the business proposed to be transacted therein : that the notice to the freemen to meet in town-meeting, when prescribed by law, shall be given by the said town-clerk issuing his warrant directed to the town-sergeant, or one of the constables of such town, requiring him to post up written notifications, in three or more public places in such town, of the day for said meeting to be holden, and of the business required by law in such meeting to be transacted :
other mode lawful for any fotovided always, That bir
that the notice of meetings when called by request as aforesaid, shall be given by the town-clerk, issuing his warrant, directed to the town-sergeant or constable, requiring them to give personal notice to the individual freemen of such town, of the time when, and the place where said meeting is to be holden, and of the business therein to be transacted: Provided always, That it shall Proviso. and may be lawful for any town to prescribe by law any other mode for warning the freemen of their respective towns to convene in town-meeting, any thing herein to the contrary notwithstanding.
mydog 23!. Sec. 11. And be it further enacted, That any town-clerk Penalty on who shall neglect or refuse to issue a warrant as directed clerk, &c..
for neglect by this act, and each town-sergeant or constable who of duty. shall neglect or refuse to serve the same, as herein required, shall severally forfeit, for each neglect, fifty dollars, to be recovered by an action of debt, one half to the use of the town, and the other half to the use of the person who shall sue for the same. *7*,5mg of misbe
Séc. 12. And be it further enacted, That all persons who Debts due shall have any money due to him or them from any town from
"towns how in this State, pr any demand against such town for any recovered. matter, cause or thing whatever, shall take the following method to obtain the same, to wit: such person or Claimant persons shall present to the freemen of said town, when to present legally assembled in town-meeting, a particular account mand to of his or their debt or demand, and how contracted; the freewhich being done, in case just and due satisfaction is not open, made him or them by the town-treasurer of such town, meeting. within one month after the presentment of such debt or demand as aforesaid, that then it shall be lawful for such person or persons to commence his or their action against If not paid such town-treasurer, for the recovery of the same; and treasurer upon judgment obtained for such debt or demand, in case therefor. the town-treasurer shall not have sufficient of the town's money in his hands to satisfy and pay the judgment obtained against him, and the charges expended in defending such suit, that then, upon application made by such town-treasurer to any justice of the peace or warden of such town, such justice or warden shall grant a warrant to the town-sergeant of such town, requiring him to warn the freemen of such town to hold a town-meeting at such time and place as shall be appointed, for the speedy or- How treadering and making a tax to be collected for the reim-gurer shali bursement of such town-treasurer; and in case such bursed.
town, upon due war ven them, shall not take due and effectual case to reimburse, pay or satisfy such town, treasurer, such monies, costs and charges, by him expended or recovered against him, that then, upon information or complaint thereof by him made to the next general assembly to be holden within the State, such order shall be given therein for the said treasurer's reimbursement, with allowance for all incidental costs, charges and trouble occasioned thereby; and such town shall be fined at the
discretion of the general assembly. Council Sec. 13. And be it further enacted, That the town-coun
fa- cils of the several towns be and they are hereby authori
zed to assess, levy and collect a tax, not exceeding two hundred dollars, nor less than twenty-five dollars per annum, on any person or persons who shall own or keep a
billiard table in such town.. May tax Sec. 14. And be it further enacted, That the said townthe owners councils shall assess said tax annually, either on the ownor keepers thereof, ers of such billiard tables, on the keepers of the same, or
on the persons in whose houses or buildings the same shall be kept, which said tax shall be collected in the manner prescribed by law, for the collection of town-taxes, and appropriated to the use of the town.
1666, 80, 1747, '53, 954 156, 65 An act establishing the Election of Town Officers in each Town '98, 1808,
within this State. '17, 22. What offi- Section 1. Be it enacted by the General Assembly, and cers to be by the authority thereof it is enacted, That the freemen in each chosen.
town shall annually, on their town-election days, choose and elect so many town officers as by the laws of this State are or shall be required; that is to say: a townclerk, five or seven good and sufficient freeholders for a town-council, a town-sergeant, a town-treasurer, a townsealer of weights and measures, one or more auctioneers, such a number of assessors of rates and taxes as may be deemed necessary, (provided that the number be not less than three, nor more than thirteen,) one or more collector or collectors of taxes, one or more packer or packers of beef, pork and fish, a pound-keeper, a sealer of leather, three persons to appraise and value estates when disputed in voting, and so many constables, overseers of the poor, surveyors of highways, viewers of fences, guagers of casks, and all such other officers, as
each or any town in this State shall have occasion for ; provided however, that in case of the death, resignation or removal of any collector of taxes, the collector or collectors who have been or shall be appointed by any town to complete the collection of said taxes, whether town or State, shall have the same power and right to collect all such taxes as were by law given to the said collector first appointed: and shall also elect one or more person or persons to superintend the buildings of chimnies and placing of stoves and stove-pipes, who may by the said towns be fully authorized and empowered to take and use such measures as the said towns respectively shall deem effectual, and direct for the removing if erected or placed, or to prevent the erection of any chimney or the placing of any stove or stove-pipe so as to endanger any building or buildings being set on fire by means thereof.
Sec. 2. And be it further enacted, That whosoever shall Const · be legally chosen to the office of a constable or col-mes lector of taxes, and shall refuse to serve therein, shall serve, to forfeit and pay the sum of five dollars, to and for the use" of the town, to be levied and collected upon conviction, by a warrant of distress from any justice of the peace or warden of such town, directed to the sheriff of the county, or to his deputy; and that no person shall be obliged to serve in either of said offices oftener than once in seven years.
Sec. 3. And be it further enacted, That whosoever shall also townbe chosen and elected to the office of town-sergeant, over-se seer of the poor, or assessor of taxes, in any town within this State, and shall refuse to serve therein, shall forfeit and pay seven dollars to and for the use of such town, to be levied and collected upon conviction as aforesaid; and that no person shall be obliged to serve in either of said offices oftener than once in seven years.
Sec. 4. And be it further enacted, That each town-ser-Towngeant in this State shall be obliged, at the time of his sergeants
to give being sworn into his office, to give bond, with sufficient bonds. surety or sureties, to the town-treasurer of the town, to which he belongs, in the sum of seven hundred dollars ; and each and every constable, at the time of his being Also con
stables. sworn into office, shall in like manner be obliged to give bond, with sufficient surety or sureties, in the sum of three hundred dollars, both of which bonds shall be conditioned for the faithful performance of their respective offices; and each and every collector of taxes, previous to his