major vote, overseers of the poor, a treasurer, firewards, and a constable or constables, who shall be freeholders residing in the town; and also collectors of taxes, surveyors of highways, tythingmen, fence viewers, clerk of the market, sealers of leather, sealers of weights and measures, hogreeves, corders of wood, surveyors of lumber, culler of staves, haywards or field drivers, and every other officer which may be directed by the law of this state, and such other officers as they may judge necessary for managing their affairs. And all the said officers shall faithfully do, perform and execute all matters and things in the laws appointed by them to be done and performed. And the before named, and all other tow officers, known in law as such, shall have an oath administered to them agreeably to the form prescribed, for the faithful discharge of the duties of their respective offices, by the town clerk, one of the selectmen, or a justice of the peace, who are hereby authorized to administer the same. And the town clerk shall make a record of the names of such persons as shall be sworn into any town office. And such officers shall continue in office the space of one year, or until the next annual meeting for the choice of town officers, and until others be chosen and sworn in their stead, except in cases where the law shall otherwise direct And the powers of all collectors of taxes and surveyors of highways shall continue until they shall have collected all the monies in their list contained, of the persons therein named; or have caused the labour required to be done in such surveyor's warrants to be done and performed. And the town clerk, or any two of the selectmen, shall forthwith, after the choice of such town officers, by writing under his or their hands, direct a constable of the town to notify the persons so chosen and named in such writing, to appear within six days from the day of such notice given, before the town clerk, or one of the selectmen, or a justice of the peace in the same county, and take the oath by law prescribed and the constable shall, within four days after the receipt of such writing or precept, notify the persons therein named, agreeably to the tenor of said precept, which notice shall be personal, or left at the usual place of abode of the person so chosen; or such persons may be notified to take the oath of office in open town meeting, by the

moderator, any selectman, or the town clerk; and such persons, if present, shall immediately, in open meeting, declare their acceptance or refusal. And every person not by law exempt from serving in such office, who shall, after due notice given to him in open town meeting as aforesaid, neglect for the space of one hour to take the oath of office; and every person who shall neglect for the space of six days after he shall have received such other personal notice as aforesaid, or for the same space of time after the notice shall have been left at his place of abode as aforesaid, or for the space of six days after he shall have returned to his dwelling house, in case he shall be absent when the said notice may be left, to appear and take such oath, and in case the same is taken before any person, other than the town clerk, to file a certificate of his having so taken it with the town clerk, shall forfeit the sum of four dollars, one half to the use of the town, and the other half to the use of the person who may sue for the same. Provided, this clause shall not be construed as applying to such officers for whose neglect in this respect a different penalty is by law provided. And every constable shall, within ten days after the receipt of such writing or precept, return the same with his doings therein to the town clerk for the time being; and every constable neglecting his duty in any of the particulars aforesaid, shall forfeit and pay the sum of five dollars, one half to the use of the town, and the other half to the use of him who may sue for the same. Provided, always, that no person shall be obliged to serve in any office in any town two years successively, nor shall any person in any case be compelled to serve as a collector of taxes."

"That when there shall be a vacancy in any town of fice, by reason of the death of any town officer, or by reason of the non-acceptance of any person chosen into any office, or by reason of any person becoming non compos mentis, in the judgment of the town, or where there shall be a vacancy in any other way, or when there shall be a want of any town officer, or officers, the said inhabitants of such town, at any legal meeting, duly warned and holden in such town, or at the adjournment of the annual meeting, may proceed to fill up such vacancies,

and choose such officer, or officers, as may be wanting; and the officer, or officers, so chosen and sworn, shall have the same power and authority as though chosen at the annual meeting for the choice of town officers. And in every such case, the person filling such vacancy is authorized to take up the business appertaining to his office, where his immediate predecessor in office left it, and to proceed to the full execution and discharge of the same, as fully, to all intents and purposes, as the officer first chosen into said office that year, might or could have done. And all officers, chosen at said meetings, 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 in their respective offices, as though such officers were, or had been, chosen at the annual meeting for the choice of town officers."

"That in case any collector of taxes in any town in this state shall die, abscond, or become non compos mentis, before he shall have completed the collection of the several sums in his list contained, the inhabitants of any such town may, at any public meeting duly holden in such town, choose a collector in his room, who shall have power and authority to finish the collection of the sums in such list contained, in as ample manner as the collector, to whom such list was originally committed, could have done, and shall be liable for the taxes outstanding at the time he received the list, in the same manner as other collectors are by law answerable for the lists committed to them to collect."

"That if any town or place shall neglect or refuse to choose a collector, or collectors, or shall refuse to fill up a vacancy, in case the office be vacant, in either of the ways before mentioned, in every such case the selectmen of such town, or place, shall and may make such choice, or fill up such vacancy, and the person so appointed by the selectmen, shall have all the power and authority to collect any state, county, or town taxes, and shall be liable to the same pains and penalties and liabilities, in case of neglect of duty, as collectors chosen by the inhabitants of any town, or place, by law are, or may be, liable. And the selectmen may allow such collector, by them so appointed in the case aforesaid, a reasonable

sum for his trouble, and may charge the same to the town."

"That the inhabitants of any town may, at their annual meeting, duly holden for the choice of town officers, by vote, authorize the selectmen of such town to appoint a collector, or collectors of taxes for such towns, and the collectors, so appointed by the selectmen, shall have the same powers, and be subject to the same liabilities, as they would have and be liable to, had they been chosen by the inhabitants of such town."

"That the selectmen, whenever they appoint a collector, shall take bonds to their respective towns, with sufficient sureties for the faithful performance of his duties, and shall also agree, in behalf of their towns, with such collector, on the rate, or amount of compensation to which he shall be entitled for his services, which agreement shall be in writing, and signed by the selectmen and collector."

"That all places unincorporated, which shall from time to time be ordered to pay any part of the public taxes, shall be, and they hereby are, invested with all the powers which towns in this state, by law have, so far as relates to the choice of assessors, selectmen, and collectors, and the persons chosen into said offices respectively, shall be liable to the same penalties, forfeitures and process, for not taking the oath of office, and for the neglect of duty, in any thing pertaining to their respective offices, as such officers in towns by law are; and the inhabitants of such unincorporated places who may neglect or refuse to choose assessors, selectmen, and collectors, shall be liable to the same process as the inhabitants of towns so refusing or neglecting; and any justice of the peace, upon the application of any five inhabitants, of any such place, shall warn a meeting for the choice of such officers, in the manner he is authorized and required by law to do, on the application of the inhabitants of any town, on the neglect or refusal of selectmen; and the assessors of such places shall have the same powersin this respect, and it shall be their duty to warn meetings in such places for the choice of the officers aforesaid."

"That where any town or place, by law liable to pay public taxes, have refused or neglected, or shall refuse

or neglect to choose proper officers for assessing and collecting taxes, according to law, the treasurer of the state, and the county treasurers respectively, are empowered and authorized to issue their executions against the inhabitants of such towns or places, and the persons from whom such sums shall be levied, shall have contribution against the other inhabitants of such town or place, for such sums so levied from them as aforesaid, and all costs and damages by them sustained, and shall recover double costs of suit."

FORM NO. I.

Form of the oath to be administered to town officers as prescribed by statute.

You do solemnly swear, that you will faithfully and impartially discharge and perform all the duties incumbent on you as a according to the best of your abilities, agreeably to the rules and regulations of the constitution and laws of the state of New-Hampshire.

So help you God.

FORM NO. II.

Form of a warrant to be directed to a constable to notify town officers to take the oath by law prescribed.

STATE OF NEW-HAMPSHIRE.

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

GREETING.

THE following is a list of those persons, who were this day chosen into office at a meeting of the inhabitants of said town, and of whom an oath is by law required, viz. G. H. &c.

And you are hereby required in the name of the State of New-Hampshire, within four days from the