own use any money or securities, proceedings may be commenced against him in the name of the town of which he is supervisor in the supreme court, by action or otherwise, by the justices of the peace and town-clerk of said town, to compel him to render such account, or to recover any money or property which he has not duly accounted for. The supervisor shall attend the annual meeting of the board of supervisors of the county, and every adjournment or special meeting of such board of which he shall have notice. He receives all accounts which may be presented to him against the town, and lays them before the board of supervisors at their next meeting. He also lays

before the board such copies of entries concerning moneys voted to be raised in his town as are delivered to him by the town-clerk. Whenever the supervisor of any town is required by the state engineer and surveyor to cause a survey to be made of the bounds of his town, it is his duty, within sixty days thereafter, to cause such survey to be made, and to transmit, by mail or otherwise, a map and description thereof to the state engineer and surveyor. The expense of this survey and map is defrayed by the several towns whose bounds, either wholly or in part, are described thereby, apportioned by the board of supervisors of the county.

If any

supervisor refuse or neglect to perform the duties enjoined as to survey, &c., he forfeits the sum of $50. Every supervisor executes and delivers, within thirty days after entering upon his office, to the townclerk of his town his bond, in such penalty and with such sureties as the board of town auditors prescribe, conditioned for the faithful discharge of his duties, &c. The supervisor of a town or of any city ward has power to administer oaths in relation to any

matter or thing coming before him or the board of supervisors, of which he is a member, in his or their official capacity.

The town-clerk of each town has the custody of all the records, books, and papers of the town, and duly files all certificates of oaths and other papers required by law to be filed in his office. He transcribes in the books of record of his town the minutes of the proceedings of every town meeting held therein, and enters in these books every order or direction, and all rules and regulations, made by any such town meeting. He delivers to the supervisor, before the annual meeting of the board of supervisors of the county in each year, certified copies of all entries of votes for raising money made since the last meeting of that board, and recorded in the town book. The town-clerks, immediately after the qualifying of any constables chosen or appointed in their respective towns, return to the clerks of their respective counties the names of these constables; and if any town-clerk wilfully omits to make such return, his omission is a misdemeanour, and on conviction thereof the offender is adjudged to pay a fine not exceeding $10. Copies of all papers duly filed in the office of the town-clerk, including those filed with him as clerk of the commissioners of common schools, and transcripts from the book of records certified by him, are evidence in all courts, in like manner as if the originals were produced.

It seems unnecessary to refer specially to the provisions regarding strays.

If dispute arises between the owners of adjoining lands concerning the proportion or particular part of fence to be maintained or made by either of them, it is settled by any two of the fence-viewers. When any question or matter regarding fences is sub

mitted to fence-viewers, each party chooses one; and if either neglect, after eight days' notice, to make such choice, the other party may select both. The fence-viewers examine the premises and hear the allegations of the parties. In case of their disagreement they select another fenceviewer to act with them, and the decision of any two is final upon the parties to such dispute, and upon all parties holding under them. The de

cision of the fence-viewers is reduced to writing, contains a description of the fence and of the proportion to be maintained by each, and is forthwith filed in the office of the town-clerk. If any person who is liable to contribute to the erection or reparation of a division fence neglects or refuses to make and maintain his portion of such fence, or permits the same to be out of repair, he is liable to pay to the party injured all such damages as accrue thereby, ascertained and appraised by any two fence-viewers of the town, and to be recovered with costs of suit. The appraisement is reduced to writing, and signed by the fence-viewers making it. If such neglect or refusal is continued for the period of one month, after request in writing to make or repair such fence, the party injured may make or repair the same at the expense of the party so neglecting or refusing, to be recovered from him with costs of suit. Witnesses may be examined by the fence-viewers on all questions submitted to them; and either of such fence-viewers has power to issue subpœnas for, and to administer oath to, said witnesses, and each fence-viewer and witness thus employed is entitled to $1.50 per diem; such fence-viewers, or a majority of them, determine what proportion thereof shall be paid by each of the parties interested in the division fence, and reduce their determination to writing, and subscribe it, and file it in the office of

the clerk of the town where such fence-viewers reside the party refusing or neglecting to pay the fenceviewers, or either of them, is liable to be sued for the same with costs of suit. Whenever the electors of any town have made any rule or regulation prescribing what shall be deemed a sufficient fence in such town, any person who thereafter neglects to keep a fence according to such rule or regulation is precluded from recovering compensation in any manner for damages done by any beast lawfully going at large on the highways that may enter on any lands of such person not fenced in conformity to the said rule or regulation, or for entering through any defective fence. When the sufficiency of a fence comes in question in any suit, it is presumed to have been sufficient until the contrary be established.

In each town the supervisor and town-clerk, together with the justices of the town, or any two justices, constitute a board of auditors to examine the accounts of the overseers of the poor, the commissioners of common schools, and the commissioners of highways of such town, for moneys received and disbursed by them. This board meets for the purpose of examining these accounts annually in each town on the Tuesday preceding the annual town meeting. The accounts so audited are delivered, with the certificate of the auditors, to the town-clerk, to be kept by him on file for the inspection of any of the inhabitants of the town; and they are produced by the town-clerk at the next annual town meeting, and there read by him if so required to do.

The justices of the town, or a majority of them, and the townclerk, on the Tuesday preceding the annual town meeting in each year, examine and audit the accounts of the supervisor for moneys received and disbursed by him; and the ac

counts so audited are likewise filed in the office of the town-clerk. The board meets for the purpose of auditing and allowing the accounts of all charges and claims payable by the town annually, at the place of holding the last town meeting, on the last Thursday preceding the annual meeting of the board of supervisors of the county; and make in duplicate a certificate, signed by a majority of the board, specifying the name of the person in whose name the account is drawn, the nature of the demand, and the amount allowed. One of these duplicates is delivered to the town-clerk, to be kept on file for the inspection of any of the inhabitants of the town, and the other is delivered to the supervisor, to be laid before the board of supervisors of his county at their annual meeting. The board of supervisors is authorised and directed to cause to be levied upon said town the amount specified in said certificate, in the same manner as other town charges are levied and raised. In 1860, an Act made it the duty of the board of town auditors to audit the accounts of the justices of the peace and constables for fees in criminal cases which are by law chargeable to any such town, and the amount thereof is included in their certificate, and assessed by the board of supervisors of the county upon such town, in the same manner as other town charges. The commissioners of highways in each town, and all town officers who receive or disburse any moneys belonging to their respective towns, on the Tuesday preceding the annual town meeting, account with the board of town officers for all such moneys; and the board of town auditors makes a statement of these accounts, and appends thereto a certificate, signed by a majority, showing the state of the highway commissioners' account, which is filed with the town - clerk, and by

him produced at the next annual town meeting and publicly read. There is an appeal by any taxpayer of the town to the board of supervisors of the county in every case where any account of a justice of the peace or town constable for fees in criminal cases is audited by the town board of auditors; and where any such account is disallowed, or the amount thereof reduced, the party presenting it has the same right of appeal. Such parts of town bills audited by the board of supervisors after such appeals as are allowed are assessed, levied, and collected by the board in the same manner as other town charges. In 1875, an Act was passed by which, in addition to the other town auditors, there are chosen at the annual town meetings three town auditors, holding office during one year, who form the board of town auditors for the town in which they are elected. All bills and claims must be presented on the first day of their session. These town auditors are voted for upon the same ballots as other town officers, but only two are voted for on each ballot, and the two persons having the highest number of votes are declared elected; and the person having the next highest number of votes is appointed by the presiding officers of such town meeting, or in case the election be held in election districts, by the supervisor and justices of peace of such town, or a majority of them, as the third such auditor. Only freeholders of the town can be elected, and no such auditor shall hold any other office in such town during his term as auditor. Each of the three auditors receives for his services $3 per day for each day (not exceeding three) actually employed in the performance of his duties. In towns having a population of over 6000, they may sit not exceeding six days. The supervisor of the particular town may fill vacan

cies occurring by appointing some suitable and competent person. By subsequent Acts, passed in different years, numerous towns have been specially exempted from the provisions and operation of the Act of 1875.

The following town officers receive pay as follows:

Pound-masters get these fees: (1) for taking into the pound and discharging therefrom every horse, ass, or mule, and all neat cattle, 12 cents each; (2) for every sheep or lamb, 3 cents; (3) for every hog, 6 cents. The supervisor (except when attending the board of supervisors), town-clerk, assessors, justices of the peace, overseers of the poor, inspectors of elections, and clerks of the polls, receive $2 per day for each day's service performed by each or either of them.

In legal proceedings the town sues or is sued by its name, except where town officers are authorised by law to sue in their name of office for the benefit of the town. In proceedings against towns by name, the service is on the supervisor of the town, and whenever suit is so commenced, it is the duty of the supervisor to attend to the defence thereof, and to lay before the electors of the town at the first town meeting a full statement of such suit or proceeding for their direction in regard to the defence thereof. On the trial of every action in which a town is a party or is interested, the electors and inhabitants of such town are competent witnesses and jurors, except that in suits and proceedings by and against towns, no inhabitant of either town shall be a juror. Any action in favour of a town may be prosecuted before a justice of the peace, if an individual could, in like circumstances, so prosecute; but no action to recover a penalty given to a town shall be brought before any

justice of the peace residing in the town for the benefit of which the same is prosecuted: it may be brought before any justice residing in any other town of the same county. In all suits or proceedings prosecuted by or against towns, or by or against town officers in their name of office, costs are recoverable as in the like cases between individuals. Judgments recovered against a town or against town officers in actions prosecuted by or against them in their name of office are a town charge, and, when levied and collected, are paid to the person to whom the same have been adjudged.

The following are deemed town charges: (1) the compensation of town officers; (2) contingent expenses necessarily incurred; (3) moneys authorised to be raised by the vote of a town meeting for any town purpose; and (4) every sum directed by law to be raised for any town purpose. Accounts for the compensa

tion of town officers and the contingent expenses of towns (except for moneys received and disbursed, which are settled by the board of town auditors) are presented to the board of supervisors of the county. The moneys for defraying the town charges of each town are levied on the taxable property in such town. If any person going out of office, or his executors or administrators, refuse or neglect, when thereunto lawfully required, to deliver the records, books, or papers belonging to the office, he forfeits to the town, for every such refusal or neglect, the sum of $250; and it is the duty of the officer or officers entitled to demand these records, books, and papers, to proceed to compel the delivery thereof. By an Act of 1840, the office of commissioner of deeds was abolished in the several towns of the state, and all their powers and duties are now executed by the jus

tices of the peace. By chap. 180 of the laws of 1845, the electors of each town were given the power to determine at their annual town meeting whether they would choose one or two overseers of the poor; also one or three highway commissioners. These commissioners have, before entering upon their duties, respectively to execute to the supervisor of his town a bond with two sureties, approved by the supervisor by an indorsement thereon, and filed with him, in the penal sum of $1000, conditioned that he will faithfully discharge his duties, pay over moneys in his hands to his successor within ten days, and render to such successor a true account of all moneys received and paid out by him as such commissioner. Three assessors are elected in each town, but so that one only is elected for the full term of three years in each year; and three commissioners of highways are elected in like manner.

Whenever any damages are to be assessed by law, when any road or highway is laid out, altered, or discontinued in whole or in part, they are assessed by not less than three commissioners, appointed by the county court of the county in which the road is, on the application of the commissioner or commissioners of highways of the town; or in case these commissioners of highways neglect or refuse to so apply for the space of thirty days after having been requested so to do, the county court can appoint the commissioners on the application of any owner of land through which the road has been laid out. assessment agreed to by a majority of them is valid, and it is delivered to one of the commissioners of highways, who, within ten days thereafter, files it in the office of the town-clerk in said town. By the amendatory Act of 1847, any person conceiving himself aggrieved, or the commissioner

The

or commissioners on the part of the town feeling dissatisfied, by any such assessment, may, within twenty days after such filing, serve a written notice on the town - clerk and on the opposite party-that is, the persons for whom the assessments were made, or the commissioner or commissioners of highways, as the case may be asking for a jury to reassess the damages, and specifying a time, not less than ten nor more than twenty days from the time of filing the assessment, when the jury will be drawn at the clerk's office of an adjoining town of the same county by the town-clerk thereof. The notice is served upon the opposite party within three days after service upon the town-clerk. At the time and place mentioned this town - clerk, having received three days' previous notice, draws the names of twelve persons from the town's list of qualified jurors, residents of his town, who are not interested in the said lands, nor of kin to either or any of the parties. The certificate of such names is delivered to the party asking for the reassessment, who, within twentyfour hours thereafter, delivers it to a justice of the peace of the town wherein the damages are to be assessed, and it is the duty of this justice forthwith to issue a summons to one of the constables of his town, directing him to summon these persons to meet at a specified time and place; but no meeting is had within twenty days from the time of filing said assessment. Upon the twelve

appearing at the time and place fixed, the justice who issued the summons draws by lot six of the persons attending to serve as a jury, and the first six drawn who are free from all legal exceptions are the jury. Being duly sworn, the jury take a view of the premises, hear the parties and witnesses sworn by the