the inadequency of the statute just cited, declares that though the "surveighs be just yet the surveighors being for the most part careless of seeing the trees marked, or the owners never renewing them, in a small time the chopps being growne up, or the trees fallen, the bounds become as uncertain as at first, and upon a new surveigh the least variation of a compasse alters the scituation of a whole neighborhood and deprives many persons of houses, orchards, and all to their infinite losse and trouble." Therefore, for a remedy, it was enacted that within twelve months thereafter "all the inhabitants of every neck and tract of land adjoining shall goe in procession and see the marked trees of every mans land . . . renewed, and the same course to be taken once every fower years." In case of any difference which the people themselves cannot adjust, "two honest and able surveyors shall in the presence of the neighbour-hood lay out the land in controversie."1 preserving the bounds when thus established a different plan of processioning was instituted, which, with slight variations from time to time, was maintained to the present century. The procedure was as follows: For when Every fourth year, sometime between the first day of June and the first day of September, it was the duty of the county court to direct each vestry to divide their parish into so many "precincts as they should find convenient "for processioning every particular person's land," and to designate the time the processioning should occur in each. For every precinct the vestry was required to appoint "two or more intelligent honest freeholders" to see such processioning performed, and to render a report to the vestry of every man's estate processioned, together with the names of such persons as should be present at the time. The reports of the various precinct processioners were registered by the vestry clerk. Notice of the persons and times designated for processioning Hening, Statutes, II, 101–2, the respective precincts was given by the churchwardens at least three Sundays in advance.1 After the Revolution the duty of dividing the parish into precincts and of appointing processioners devolved upon the county court.2 In Virginia no officer for the viewing of fences existed; but in case of settlement of damage for trespass of animals, special viewers might be nominated by any justice of the peace; and the same practice prevailed in South Carolina.' (e).—The Western Fence Viewer. The statutes of the group of states under discussion are very similar in their provisions relating to fences and fence viewers. In no instance is a separate officer for this branch of local administration chosen, the functions of overseer devolving ex officio upon the town board or some other authority." The principal duty of the modern viewer is the settlement of controversies concerning division or line fences. In such cases, as provided by the Nebraska statute, each party may Hening, Statutes, V, 426-7 (1748). See other acts in Ib., III, 325-9 (1705), 529–534 (1710). Compare Slaughter, Bristol Parish, pp. XVIII, 18; Channing, Town and County Govt., 51. 2 Acts of the General Assembly (1792), p. 158. 3 Hening, Statutes, I, 458; VI, 38-9. *South Carolina Statutes at Large, II, 81–2 (1694). 5 The duties of fence viewers are performed by the township auditors in Pennsylvania: Brightly's Purdon's Digest, I, 803-4; by the trustees in Ohio, Indiana, and Iowa: Williams, Revised Statutes of Ohio, 1886, 1, 884-7; Revised Statutes of Indiana, 1881, p. 1287; McLains, Annotated Statutes of Iowa, I, 90, 414-18; in Michigan and Wisconsin, by the overseer of highways: Howell's Annotated Statutes, I, 265; Revised Statutes of Wis., 1878, pp. 429–33; in New York and Illinois, by the assessor and commissioners of highways: Revised Statutes, I, 808, 829–33; Revised Statutes of Ill., 1885, pp. 719–22; in Kansas, by the trustee, clerk, and treasurer: Compiled Laws, 1885, p. 446; in Minnesota, by the town supervisors: Statutes, 1878, pp. 169, 291-4; in Nebraska, by the justices of the peace in each precinct or township: Compiled Statutes, 1887, p. 48. select a fence viewer, or if either refuses, then both may be chosen by the other. In case of disagreement the two are to select a third. They are empowered to subpoena and examine witnesses; and, when required, it is their duty to determine the share of the division fence which each interested party should build, and to assess damages due either party for neglect of the other to repair or construct his share of the fence, or for throwing open his field by removal of the division fences, except during the proper season and after legal notice.1 In the West the perambulation and the processioning are unknown. In place thereof may be seen only the land surveyor with his tripod and his unromantic retinue of chain-men and stake-drivers. X. THE TOWNSHIP IN THE EAST AND SOUTH. (a).— The Present Constitution of the New England Town. Township organization as it exists in the West has been treated in this chapter as the latest phase of institutional evolution, following immediately upon the forms developed during the colonial period. And this limitation of the subject appears to be justified by the facts. In the South some progress has been made, but it consists largely as we shall presently see, in the introduction of the rudiments of the western townshipCounty system. Likewise in New England, local government has not remained absolutely stationary for a century. Changes have occurred; but they are rather changes in spirit than in form: alterations in the sphere of its operation-as through the rise of cities and new administrative methods-rather than in constitutional structure. Outwardly the New England township is much what it was in the eighteenth century. It is still the constitutional and political unit. The town-meeting is called under authority Compiled Statutes of Neb., 1887, pp. 47-49. of the selectmen's warrant as in early days,' but a newspaper advertisement may take the place of the personal "warning from house to house." When assembled, the freemen elect their moderator and proceed to deliberate and enact by-laws for the regulation of their prudential affairs, in the ancient manner, though the democratic spirit may be less pronounced 1 Public Statutes of Mass., 1882, p. 232. 2 The following notice, clipped from a Connecticut newspaper, will reveal the character and procedure of a modern New England town-meeting, but for a township including a "city" within its limits: "The legal voters in town-meeting in the Town of Norwich are hereby warned to meet in their several voting districts as by law provided, to wit: First District, at the Town Hall in the City of Norwich. Second, at Neptune Engine House, No. 5, West Side;" and, similarly, the three remaining districts are to meet at various places, “on Monday, Oct, 4th, 1886, at 7 o'clock in the forenoon, to elect the town officers for the ensuing year, which are by vote of the town elected by ballot. Also to choose by ballot two electors to be Registrars of Voters for the ensuing year. Also to elect three members of the Board of School Visitors for three years. Also, to ballot to determine whether any person shall be licensed to sell spirituous and intoxicating liquors in this town. And at the Town Hall, at 3 o'clock in the afternoon, to elect all other officers not chosen by ballot; to hear and act upon the report of the Selectmen, and the recommendations therein concerning the purchase of Gravel Banks for repairs to highways, Burial Place at the Alms House, and the appropriation for re-writing the General Indexes of the Land Records of the Town. Also to hear and act upon the reports of the Treasurer of the Town, the Treasurer of the Town Deposit Fund, and the School Visitors; to grant salaries; to lay a tax to meet the expenses of the Town, and for the payment of State Taxes, and for the support of Common Schools." Also to act upon the question of discontinuing, changing, and laying out of certain highways, to establish the present alms house as a work house, and "to designate places for the erection and maintenance of Public Sign Posts, within the limits of the Town. JOHN T. BROWN. THURSTON B. LILLIBRIDGE. Selectmen." 3 Public Statutes of Mass., 1882, p. 228. But by-laws, before taking effect, must be approved by the superior court, or, in vacation, by a justice of that court, and the approval must be recorded: Ib. 229. ▲ Compare Hosmer, Samuel Adams, The Man of the Town-Meeting, 16, 55; and his Samuel Adams, 418 ff., in the American Statesmen Series. and the statutes may attempt a more precise enumeration of their powers, than in early times.1 The selectmen, as the town representative, continue to discharge a great variety of important functions. In Massachusetts, for example, in addition to a vast number of executive duties, they still exercise the right of appointment to various posts. By them are filled vacancies in the office of town treasurer, constable, field driver, fence viewer, and surveyor of highways; they may nominate policemen with constables' powers; appoint firewards, inspectors of hay, milk, petroleum, or vinegar; and act as assessors and overseers of the poor in towns where no such officers are chosen.3 The list of town officers is still formidable; and even among those whose appointment is specifically authorized by law will be recognized some of the most primitive functionaries. In Rhode Island, for instance, each town at its annual meeting, is permitted to elect a moderator, a clerk, a treasurer, a sergeant, and a sealer of weights and measures; also a town council consisting of from three to seven members; one or more auctioneers, one or more collectors of taxes, corders of wood, packers of fish, and pound-keepers, respectively; not less than three nor more than seven assessors; "and as many constables, overseers of the poor, viewers of fences, gaugers of casks, and all such other officers as by law are required and as each or any town shall have occasion for, including persons to superintend the building of chimneys and placing of stoves and stove pipes." See Public Statutes of Mass., 1882, p. 227, for an enumeration of the purposes for which each town may levy taxes. 'Except as to certain civil matters. Public Statutes of Mass., 1882, pp. 236-7, 264, 372-6, 381, 385. In Massachusetts 3, 5, 7, or 9 selectmen are chosen in each town: Ib., 235. General Statutes of Rhode Island, 1872, pp. 93–95; Public Statutes, 1882, p. 109. The following town officers are authorized by statute in Connecticut: a clerk, treasurer, collector, surveyor of highways, and register of births, |