CHAPTER L.

RIGHTS AND QUALIFICATIONS OF VOTERS.

1. Every male citizen of the United States, of the age of twenty-one years and upwards, excepting paupers, persons under guardianship, and Indians not taxed, having his residence established in this State for the term of three months next preceding any election, shall be an elector for governor, senators, and representatives, in the town or plantation where his residence is so established; and the elections shall be by written ballot. But persons in the military, naval, or marine service of the United States, or this State, shall not be considered as having obtained such established residence by being stationed in any garrison, barrack, or military place, in any town or plantation; nor shall the residence of a student at any seminary of learning entitle him to the right of suffrage in the town or plantation where such seminary is established.1

2. No person, however, shall be deemed to have lost his residence by reason of his absence from the State in the military service of the United States, or of this State.2

(a) To be considered a pauper, one must be assisted by the town, directly or indirectly. If he has received aid from the town within three months next preceding election, he is not a legal voter at that election; but if he received the aid more than three months, but none within that time, he is a legal voter, whether he has reimbursed the town or not.3

(b) Free colored male persons, of African descent, of the age of twenty-one years and upwards, having a residence established in some town or plantation in this State three months next preceding any election, and who are not paupers, aliens, nor persons under guardianship, are electors for governor, senators, and representatives.*

(c) A person having his permanent home in one town, and being legally qualified to vote in such town, is not disqualified by a temporary absence in another town, and being there admitted to vote.5

1 Const. of Maine, Art. II, §1.-2 Amendments, Art. X.- Opinion of Judges, 7 Me. 499.- Opinion of Judges, 44 Me. 507, 516.-5 Lincoln v. Hapgood, 11 Mass. 850.

(d) A person having acquired a home in a place does not lose it by temporary absence, with the intention of returning.

(e) If a person supports his family in one town and resides, to transact business, in another, during the three months next preceding the annual election, he can vote in the former only.7

2. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at, going to, and returning therefrom.

3. No elector shall be arrested, except for treason, felony, or breach of the peace, on the days of election of United States, State, or town officers."

4. No elector shall be obliged to do duty in the militia on any day of election, except in time of war or public danger.10

FORMS FOR WARRANTS FOR ELECTIONS.

1. Warrant for annual election of town officers. To A. B., of [or constable of] —, in the county of —,

GREETING.

In the name of the State of Maine, you are hereby required to notify and warn the inhabitants of the town of qualified to vote in town affairs, to meet at the town-house in said town, on the day of —, A. D. —, - o'clock in the noon, to act on the following articles, to wit:

at

First. To choose a moderator to preside at said meeting. Second. To choose a town-clerk, and all other necessary town officers. [Here, in distinct articles, state the business to be acted upon].

The selectmen hereby give notice that they will be in session for the purpose of revising and correcting the list of voters at —, o'clock in the -noon, on the day of said meeting. Given under our hands at -, this day of, A. D. —.

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Selectmen of -.

(For warrant by a justice of the peace, see ante, p. 326, 327.)

2. Return.

[Name of town], [date of posting notices). Pursuant to the within warrant, I have notified and warned the inhabitants of the town of -, qualified as therein expressed, to meet at the time and place and for the purposes therein named, by posting

6 Williams v. Whiting, 11 Mass. 424.-7 Opinion of Judges, 7 Me. 501.* Const. of Me., Art. II, § 2.-9 R. S. c. 81, § 77-10 Const. of Me., Art. II, § 3.

the

up, this day, an attested copy of the within warrant, at —, same being a public and conspicuous place in said town. A. B. [or constable of —].

3. Warrant for general election. To A. B., constable of the town of —, in the county of —,

GREETING.

You are hereby required, in the name of the State of Maine, to notify and warn the inhabitants of the town of -, qualified according to the constitution, to assemble at the town-house in said town, on the day of September, A. D. —, at — o'clock in the noon, to give in their votes for governor, senators, and representatives to represent them in the legislature of this State. The selectmen will be in session, at - in said, on the day of - at o'clock in the -noon, for the purpose of correcting the list of voters.

Given under our hands, at

Return same as No. 2.

When other officers are to be chosen at the general election, in addition to those mentioned in the constitution, to wit, representatives to congress, register of deeds, judge of probate, &c., in the warrant, after words, "qualified according to the constitution," add, "and the laws of this State."

5. In all towns having one thousand or more registered voters, the municipal officers thereof shall receive applications of persons claiming a right to vote, on the three secular days next preceding the day of election, and no application shall be received after the hour of five of the clock, afternoon, on the secular day next preceding said day of election; and no name shall be added to the list of voters on the day of election by certificate or otherwise.11

6. In every town containing more than five hundred and less than one thousand voters, the selectmen shall be in open session on one or more secular days next preceding such election, for the purpose aforesaid, and on the day of election they shall be in session and proceed as is provided in § 9, c. 4, R. S. 12

7. In every town containing less than five hundred legal voters, the selectmen shall be in session on the day of any such election, to receive and decide on such applications, at some convenient place, for so long a time

11 R, S. c. 4 $ 7.-12 R. S. c. 4, § 8, and Public Laws of 1873, ». 136.

immediately preceding the opening of the polls as they think necessary, and shall hear and determine any such application at any time before the polls are closed.13

8. The selectmen shall order notice of the time and place of all their sessions, required or authorized in the three preceding sections, to be given in the warrant for calling the town meetings.14

Election returns to the secretary of State are made upon blanks seasonably furnished by that officer.

CHAPTER LI.

FORMS TO BE USED BY SHERIFFS IN PROCEEDINGS FOR INCREASE OF DAMAGES ON WAYS.

Return on a warrant for increase of damages on highways. [Name of county], ss. By virtue of this precept, I notified the petitioners, on the day of -, 18-, and on the day of said notified said county commissioners, by leaving a written notice with their clerk; and on the ― of said - notified the county attorney of said county that a hearing was appointed to take place at on the day of -, 18—. And I made application to the municipal officers of the town of -, in said county, to have them draw jurors from—, and from-, and they did so; and I notified the jurors so drawn of the time and place of hearing more than twenty-four hours before that time; I attended at that time and place, and caused the jurors to be sworn; to view the premises; to hear the testimony and arguments presented; and to render their verdict; all as herein required; and I herewith return their verdict, enclosed and indorsed as required, and have therewith certified the substance of all my decisions and instructions when requested so to do by either party. I have hereon stated my own, and the travel and attendance of each juror, and the names of any jurors returned as talesmen, with the causes of their return. H. P., Sheriff.

Fees of jurors.
A. B., miles travel,

C. D.,

66

66

E. F., &c.

13 R. S. c. 4, § 9.-14 R. S. c. 4, § 10.

Officer's fees.

Travel and notifying selectmen of L, to draw jurors,

66

66

66

66

jurors,

66

Attendance days with jurors,
Travel

Attest,

66

C.,

66

66

H. P., Sheriff.

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Application to the selectmen for jurors. To the selectmen of the town of -. You are hereby required to draw - jurors forthwith, from the town of to serve as jurors at a hearing to be had on on the petition of for an increase of damages awarded to said by the county commissioners for the county of C., on highway laid out over the land of said - by the aforesaid commissioners. H. P., Sheriff.

Notice to county commissioners of hearing.

To the county commissioners for the county of C.

You are hereby notified that there will be a hearing before a jury selected for that purpose, on-, at, on the petition of for increase of damages awarded by you for highway laid out over the land of said -, upon the application of — and others.

H. P., Sheriff. The notice to the county attorney will be similar.

Notification to jurors.

To A. B., &c.

You are hereby notified that you have been drawn to serve as a juror at a hearing to be had on —, at ; on the petition of for increase of damages awarded to by the county commissioners, on highway laid out over the land of said -, upon the application of and others.

Fail not of appearance at your peril.

Oath to jurors.

H. P.,

Sheriff.

You severally solemnly swear, that you will faithfully discharge the duties incumbent upon you as jurors, in the case in which you are summoned. So help you, God.

Direction of verdict.

To the honorable the supreme judicial court, next to be holden at P., for the county of C.

Enclosed is the verdict of the jury summoned on the petition of, for increase of damages for highway laid out over the land of -. H. P., Sheriff.

Return on warrant for increase of damages on town way. [Name of county], ss. By virtue of this precept, I notified the petitioners within named, on the - day of, A. D. —, and on the notified said that a hearing was appointed on the day of ——, A. D. ——, and I made appli