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Of the annual

SECTION

6. Other town meetings, how called
and notified.

7. Town meetings to consider sub-
jects which have been acted on
within six months previous, how
called.

8. Notice of town meetings prescribed
by law, how given and served.
9. Notice of called town meetings, how
given and served.

SECTION

10. Who to issue warrant for town
meeting, in case of removal or
death of town clerk.
11. Penalty for neglect to issue and
serve warrant for town meeting.
12. Of special notice in warrant, for
town meeting to tax or dispose
of town land.

SECTION 1. A town meeting shall be annually held in each town, town meeting. for the election of as many town officers as are or may be by law re

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quired.

SEC. 2. Such meetings shall be held at such time as is, or may be by by-law or vote provided, unless otherwise directed by law.

SEC. 3. If, on the day of annual election of town officers, any town shall fail to make an election of town clerk, town council, justices of the peace, or town treasurer, the meeting may be adjourned for the purpose of completing the election of those officers, but of no others, from day to day, not exceeding three days beyond the first day of meeting.

SEC. 4. Town meetings, other than said annual meetings, shall be held at such times as are, or may be, by constitution or law required, or may be called in the manner hereinafter provided.

SEC. 5. Town clerks shall cause the electors of their respective towns to be notified of every town meeting which shall be prescribed by law, and also of all other town meetings which shall be legally called.

SEC. 6. Whenever seven of the electors of any town consisting of less than three thousand inhabitants, or whenever fifteen of the electors of any town consisting of more than that number, shall make a request in writing for the calling of a town meeting, to transact any business relating to such town, in respect to which they shall have a right to vote, and direct the same to the town clerk, such town clerk shall cause the electors to be notified of the time when, and place where, the same is to be holden, and of the business proposed to be transacted therein.

SEC. 7. No special town meeting shall be called without the consent of the town council, if the subject, or any of the subjects proposed to be considered at such special town meeting, shall have been acted upon by the town at any time within six months previous to the time of such proposed call.

SEC. 8. The notice to the electors to meet in a town meeting, prescribed by law, shall be given by the town clerk issuing his warrant, directed to the town sergeant or one of the constables of such town, requiring him to post, at least seven days before the day appointed for such meeting, written notifications in three or more public places in the town, of the day and place for said meeting to be holden, and of the business required by law to be transacted therein.

SEC. 9. 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 him to give personal notice to the individual electors of such town, entitled to vote on the business to be then transacted, of the time when, and the place where,

said meeting is to be holden, and of the business to be transacted therein: Provided, that it shall and may be lawful for any town to prescribe by by-law any other mode for warning the electors of their respective towns, to convene in town meeting, anything herein to the contrary notwithstanding.

SEC. 10. Whenever any town clerk shall be removed by death or otherwise, the town treasurer of the town shall issue his warrant to warn the electors to assemble in town meeting, to choose a town clerk in the room of him so removed, which warrant shall be directed as aforesaid.

SEC. 11. Every town clerk or town treasurer who shall neglect or refuse to issue a warrant as above directed, and each town sergeant or constable who shall neglect or refuse to serve the same, as above required, shall severally forfeit for each neglect fifty dollars; to be recovered, one half to the use of the town, and the other half to the use of the person who shall sue for the same.

SEC. 12. No vote shall be passed in any town meeting concerning the disposing of the town's land or making a tax, unless special mention be made, and notice thereof given in the warrant issued for the warning of such meeting; and the town clerk of each town shall grant such warrant, unless in cases where the law otherwise directs; which warrant shall be directed to the town sergeant, or to either of the constables of the town.

Who to issue warrant, town clerk being dead or removed.

Penalty for neglect to issue rant for town meeting.

and serve war

of special notice of town meeting to tax or dispose of town land.

CHAPTER 33.

OF THE QUORUM, GOVERNMENT, AND CONDUCT OF TOWN
MEETINGS, AND OF ORGANIZATION AND GOVERNMENT
OF WARD MEETINGS.

SECTION

1. How many electors constitute a
town meeting.

2. Moderator of, when chosen.
3 and 4. Wardens and ward clerks
of cities, and moderators and
clerks of voting districts, when
and how chosen.

5. Votes for, how counted, and elec-
tion of, how declared and no-
tified.

6. Term of office of, when to commence, and how long to continue.

7. Who to preside over town, ward, and district meetings.

SECTION

8. Of election of moderator, warden,
and clerk pro tempore.

9. Of new election of, in case of death,
resignation, or inability.
10. Of power of moderator and war-
den.

11. Power of, over disorderly persons.
12. Moderator, how to conduct in case
of a motion made.

13. Vote how to be taken in town
elections, and where vote is by
ballot.

14. Majority required in voting in
town affairs.

SECTION 1. Whenever the inhabitants of any town do not exceed three thousand by the last preceding census, seven electors at least shall be necessary to constitute a legal town meeting; and whenever the inhabitants of any town shall exceed that number, fifteen electors at least shall be necessary to constitute such meeting: Provided, that whenever both the warden and clerk of any ward meeting held

How many electors constimeeting.

tute a town

Moderator of, when chosen.

Wardens and

ward clerks of cities, and modclerks of voting districts, when

erators and

chosen.

How voted for.

Votes for, how counted, and election of, how declared and notified.

Term of office of, when to

commence, and how long to continue.

Who to preside over town,

in any city are present, they shall constitute a quorum for the opening of the polls for voting for all civil officers, except for warden and clerk.

SEC. 2. At the annual town meeting of each town, there shall be chosen a moderator, to preside in all the town meetings, for the year, and until his successor is elected, and qualified by oath.

SEC. 3. Wardens and ward clerks, in cities, and moderators and clerks of voting districts, shall be elected on the first Wednesday in April, in each year, and the voting for them shall continue during the whole time limited by law for voting on that day: Provided, that wardens and ward clerks in the city of Providence shall be elected on the second Wednesday in May of every year, and shall enter upon their duties on the first Monday of June following.

SEC. 4. The names of the candidates for warden or moderator, and clerk, as aforesaid, shall be written or printed upon one piece of paper; and the ballots shall be handed openly by the voter, to the warden or moderator.

SEC. 5. The votes for warden or moderator, and clerk, shall be counted by the then warden or moderator, and clerk, and the election declared by the then warden or moderator, in open ward or district meeting; and notice of the new warden or moderator, and clerk elected, be given by the then ward or district clerk, to the city or town clerk.

SEC. 6. The term of office of the warden or moderator, and clerk, as aforesaid, then elected, shall commence at the first regular ward or district meeting held thereafter for the election of officers, and shall continue until others are elected and sworn in their places.

SEC. 7. In all meetings of the electors or voters in a town or disward, and district, the moderator, and of a ward, the warden, shall preside, if trict meetings. present.

Of election of moderator, warden, and

clerk, pro pore.

tem

Of new elec

tion of, in case of death, resignation, or disability.

Of power of

SEC. 8. In case of his absence, or of the absence of the ward or district clerk, the town, ward, or district may elect a moderator or warden, or clerk, pro tempore; the town, ward, or district clerk, and in case of the absence of the town clerk, the town treasurer, presiding in such election of the moderator or warden, and the warden or moderator at such election of a ward or district clerk.

SEC. 9. In case of the death, resignation, or permanent inability of the moderator, warden, or ward or district clerk, the town, ward, or district may proceed to a new election: the meeting for such purpose being presided over in like manner as for the election of such officer pro tempore.

SEC. 10. Every moderator or warden shall have power to manage moderator and and regulate the business of each meeting, conforming to law, and to maintain peace and good order therein.

warden.

Power of, over

sons.

SEC. 11. If any person shall conduct himself in a disorderly mandisorderly per- ner in any town, district, or ward meeting, the moderator or warden may order him to withdraw from the meeting; and, on his refusal, may order the town sergeant, or any constable present, or any other persons, to take him from the meeting and to confine him in some convenient place until the meeting shall be adjourned; and the person so refusing to withdraw shall, for each offence, forfeit a sum not exceeding twenty dollars, to the use of the town.

Moderator,

in case of a motion made.

SEC. 12. The moderator of every town meeting shall, on a motion how to conduct being made and seconded, relative to any business regularly before such meeting, after having heard all the electors entitled to vote thereon who shall be desirous of being heard, cause the votes of the electors present to be taken thereon.

SEC. 13. In all town elections, and on all questions to be decided by ballot, the elector voting shall present his ballot to the moderator or warden without his name being written on the back or face of his ballot, and the votes shall be received by, and the ballot-boxes shall be in charge of, the moderators or wardens, only; and like proceedings shall be had in such cases and in all town meetings, as far as may be, as are prescribed in the first, second, twelfth, thirteenth, and fourteenth sections of chapter eight.

SEC. 14. All questions relating to town affairs, shall be decided by a majority of the votes of the electors present, entitled to vote on the question.

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CHAPTER 34.

OF THE ELECTION AND QUALIFICATION OF TOWN OFFICERS.

SECTION

1. What town officers, and when to be chosen.

2. Surveyors or commissioners of highways, how many and when to be chosen.

3. Justices of peace, when elected, and term of office.

4. Of return of justices chosen. 5. Of ballot for moderator and town clerk.

6. Number of town council and justices of peace to be chosen, when to be determined.

7. Order of election of members of town council.

8. Order of election of justices of peace.

9. Number of justices of peace to be chosen in cities, and towns divided into voting districts, how determined, and election of, how conducted.

10. Of ballots for members of council and justices of peace.

11 and 12. Of conduct of election of

SECTION

surveyors and commissioners of highways.

13. When, and what town officers, shall and may be elected by town council.

14. When town council shall appoint surveyor of highways. 15. Mayors of cities, how and by whom elected.

16. Of ballots for mayor, aldermen, and city councilmen.

17. Envelopes prohibited in city elections.

18. Oath of town and city officers. 19. Certificate of oath.

20. Collectors of taxes to give bond. 21. Who to collect taxes in case of death, &c., of collector. 22. Town officers to serve until successors qualified.

23. Power of town council to fill vacancies in town offices.

24. Prosecuting officer not required to give surety on complaints.

SECTION 1. The electors in each town shall annually, on their town election days, choose and elect as many town officers as by the laws of this state are or shall be required; that is to say, a moderator to preside in all the meetings of the town, and a town clerk, a town council, to consist of not less than three nor more than seven members, a town treasurer, a town sergeant, a town sealer 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 seven; one or more collectors of taxes, one or more corders of wood, one or more packers of fish, one or more pound keepers, a sealer of leather, and as many

What town officers, and when

to be chosen.

Surveyors or commissioners

of highways,

when to be

constables, overseers of the poor, viewers of fences, gaugers of casks, and all such other officers, as by law are required in such town, and as each or any town shall have occasion for, including persons to superintend the building of chimneys and placing of stoves and stovepipes.

SEC. 2. They shall, either on said town election day, or at the town meeting held on the first Wednesday of April for the election how many and of general officers, annually elect as many surveyors of highways, or commissioners of highways, with the powers of surveyors, throughout the town, and such other powers in relation to highways and bridges as the town by by-law or ordinance may choose to confer upon them, as the town may have occasion for.

chosen.

Justices of the peace, when chosen, and

term of office. Of return thereof.

Of ballot for moderator and town clerk. Number of town council

and justices, to be first determined.

Order of election of town

council, and

of justices of the peace.

Of election of justices in

cities, and

SEC. 3. Justices of the peace chosen by any town, shall be chosen at the time of electing town officers, and shall hold their offices for one year.

SEC. 4. The town clerk shall forthwith make a return of the justices so chosen, to the secretary of state..

SEC. 5. If a vote by ballot be demanded in the election of a moderator or town clerk, a separate vote shall be taken in each case. SEC. 6. Before the election of members of the town council or justices of the peace is begun at the annual town meeting, the electors shall first determine the number of such officers to be elected.

SEC. 7. The members of the council shall be chosen next in order after the election of town clerk; and in choosing them, the vote, whether by ballot or otherwise, shall be taken for the whole number at the same time; and if by ballot, the names of all the persons voted for by any one elector shall be placed upon one ballot.

SEC. 8. The justices of the peace shall be next chosen, and in the same manner; but the ballots for the members of the town council, justices of the peace, and for any other officers, may be delivered to the moderator at the same time, if so ordered by the town.

SEC. 9. In cities, the number of justices of the peace to be elected shall be fixed by the city councils, and in towns divided into districts for the purpose of voting, by the town councils, and the voting shall into voting dis- be conducted, in all respects, as is prescribed by law for the voting for senators and representatives in said cities and towns.

towns divided

tricts.

Of ballots for members of council and justices.

Of election of surveyors of highways, and

commissioners

of highways.

When, and what town officers, shall and may be elected

cil.

SEC. 10. In case of a ballot for members of council or justices of the peace, the names shall be numbered upon the ballots, and in counting them, the places numbered shall be considered as separate places.

SEC. 11. In the election of surveyors of highways, the districts shall be called over by the moderator in the order of their number, and the surveyors for those districts be first elected, in regard to whom no ballot is demanded.

SEC. 12. Commissioners of highways, whether chosen by ballot or otherwise, shall be chosen in the same manner as members of the council.

SEC. 13. In case any town shall, on the day of any such annual election, or in the case of surveyors of highways, on the first Wednesday of April, fail to elect any of the officers which they may lawby town coun- fully choose, except town clerk, council, justices of the peace, and treasurer, the said officers shall be elected by the town council of the town at their next meeting: Provided, however, that town councils may postpone the election of any of said officers to some future meeting; and the several towns shall have full power to delegate to their respective councils the election of any of the officers which such

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