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THE TOWN OFFICER.

CHAPTER I.

OF TOWN MEETINGS.

SECTION 1.-OF THE MANNER OF CALLING TOWN

MEETINGS.

"act regu

The statute of June 28, 1827, entitled an lating towns and the choice of town officers," sections 2, 4 and 8, enacts, "That when there shall be occasion for a town meeting, the selectmen shall make a warrant under their hands and seal,directed to some constable in the same town, requiring him to notify the inhabitants of the town qualified by law to vote in town affairs, to meet at a place in said town, and at a certain hour therein mentioned; and the said selectmen shall in such warrant insert the intent and design of such meeting, and the subject matter of all business, matters and things to be considered and done at said meeting; and nothing done at said meetings, holden by virtue of said warrant, shall be considered as good and valid in law, unless the subject matter thereof shall have been inserted as aforesaid. And the constable shall post up an attested copy of such warrant at the meeting house, or some public place in said town, fifteen days before the day of holding such meeting, or give personal notice to the said inhabitants the like number of days before such meeting, except in cases where other and different notice may be by law prescribed and directed, or otherwise notify and summon the said inhabitants in such way and manner as they at a legal meeting shall direct; and the constable shall return

such warrant at the place and at the time for holding such meeting, with his doings therein, to the town clerk, or in his absence, to one of the selectmen. Provided, nevertheless, That the selectmen of each town and place be, and they hereby are, authorized and empowered to warn meetings in their respective towns, by posting up a copy of the warrant therein, in the same way and manner, and the same term of time before the meeting, as is herein before directed to be done by constables, and to make return of their doings, and of the warrant at the time and place of meeting. And all matters and business done and transacted at a meeting thus warned, shall be good and valid as though the same had been warned by a constable. And in case ten or more of the freeholders in any town shall signify their desire in writing to the selectmen, to have any matter or thing inserted in a warrant for calling a meeting, the selectmen are hereby required to insert the same in the next warrant they shall issue for a meeting, or call a meeting for the express purpose of considering thereof, if the same shall be requested. And in case the selectmen shall unreasonably neglect to call a meeting, or to insert such article, the sixth part of the legal voters in any such town may apply to any justice of the peace within the same county, who is hereby authorized and empowered to issue his warrant, under his hand and seal, to any constable of the town, if any such there be, otherwise to any of the freeholders applying, directing and requiring him to warn the inhabitants of such town, qualified to vote in town affairs, to assemble and meet at such time and place in said town as the said justice shall order, and for the purposes in said warrant expressed, and the same notice shall be given, and return thereof made, as in other cases. And when, by reason of death or removal of selectmen, a major part of the number originally chosen shall not remain in office, in such case a major part of those who remain in office shall have power to call a meeting for the purpose of filling up vacancies in the board of selectmen, and for all other lawful purposes. And if any constable shall, in any of the particulars aforesaid, neglect his duty, he shall, for each offence, forfeit and pay the sum of torty dollars, one half to the use of the town, and the other half to the

use of

same."

any inhabitant.of the town who shall sue for the

"That if any selectmen shall neglect to issue a warrant for the holding of meetings in due course of law, for the choice of governor, counsellors, senators, representatives of towns, county register and county treasurer, town officers, electors of president and vice-president of the United States, and representatives in the congress of the United States, they shall for each neglect forfeit the sum of fifty dollars, to the use of any persons who will sue for the same."

"That whenever it shall happen that the annual meetting of any town has not been duly holden, or in case any town shall never have had a legal meeting, then on the application of any ten freeholders of such town, made in writing to any justice of the peace, such justice shall call a meeting of the inhabitants of such town, by warrant under his hand and seal, directed to any of the freeholders of such town, in which warrant shall be expressed the design of such meeting, and the articles to be acted upon; and the same notice shall be given as in other cases of warning town meetings, and the said justice shall preside in said meeting until a moderator be chosen."

Under these provisions in the statute, town meetings may be called in two ways. The selectmen may issue a warrant directed to a constable and requiring him to warn the meeting; or they may themselves post up a warrant for calling a meeting.

FORM NO. I.

Form of a warrant for calling a Town Meeting, when directed to a Constable.

STATE OF NEW-HAMPSHIRE.

To A. P. one of the Constables of the town of Concord, in the county of Merrimack,

SEAL

GREETING.

You are hereby required,in the name of the state of New Hampshire,to notify and warn the inhabitants of

said town of Concord qualified by law to vote in town affairs, to meet and assemble at the meeting house in said town on Tuesday, the eighth day of March next, at nine of the clock in the forenoon, to act upon the following subjects:

1. To choose a moderator to preside in said meeting.

2. To choose all necessary town officers for the year ensuing.

3. To bring in their votes for governor, counsellor, senator, county treasurer, and register of deeds.

4. To determine the number of representatives said town will choose the present year.

5. To choose one or more representatives to represent said town in the general court, to be holden at Concord on the first Tuesday of June next.

6. To raise such sums of money as may be necessary to defray town charges the ensuing year, and make appropriations of the same.

Hereof fail not, and make return of this warrant, with your doings thereon, to the town clerk, at the time and place above mentioned. Given under our hands and seal this twenty-first day of February, A. D. 1825. Selectmen

C. D.

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FORM NO. II.

Form of the Constable's Return.

Concord, March 8, 1825. Pursuant to the within warrant, I have notified the inhabitants of the town of Concord qualified to vote in town affairs, to meet at the time and place within mentioned, by posting up an attested copy of such warrant at the meeting house in

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