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ceeding the penuty of the bond, as said treasurer shall be in aireai
to the county.

6



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82



BB0I8TEB OF DEEDS.



[title



Sfio. 3. The treasarer shall coUect and reoeiTe all moneys due
to the county, and disburse the same according to law, and shall
keep a fair and correct account thereof in suitable books, to be
jnrocured at the expense of the county.

Sec. 4. The order of the superior court shall be a sufficient
voucher for the payment of the attendance of officers at any time,
and all the necessary expenses of said court

Sec. 5. The order of the court of common pleas shall be a
sufficient voucher for the payment of the fees of grand and petit
jurors, witnesses for the state, officers, criminal prosecutions, all
incidental expenses of the court, expenses of laying out, building
and repairing highways, pauper accounts, approjmations by the
oounty convention and all other sums for whidh the county may
be made chargeable.

Sec. 6. The treasurer shall render to the court of common
pleas annually, and oftener if required, a trae and minute state-
ment of all the sums by him received and paid since the last state-
ment made ; and said court shall audit, adjust and settle the same.

Sec. 7. The treasurer shall make out and deliver to the cleik of
said court, on or before the first day of June annually, a statement
of his account as treasurer for the year commencing with the last
annual settlement, in which shall be specified the sums and objects
of all receipts and payments.

Sec. 8. Said clerk shall deliver such statement or cause tibe
same to be delivered to the secretary of state prior to the second
Wednesday of June annually, and shall publish the same in such
newspaper as said court shall direct.



CHAPTER 23.

OF BEGI8TERS OF DEEDS.
IDENTICAL WITH

Chapter 22 of the Revised Statutes.



Sbction

1. Bond to be given, form, &c.

2. Bond, how put in suit

3. Begister to keep his office open.

4. Begister to keep papers safelj.
-5. Begister to record, certify, Ac.



Sbctiok

6. Begister to keep indexes.

7. Begister to record time when receiredi

names of parties, ftc.

8. Neglect of register, penalty.



Section 1. Before any register shall perform any duty of his
office, he shall give bond for the faithful performance of his dutieB,
ini9uch sum, not less than two thousand dollars nor Aiore than
fifty thousand dollars, and with such sureties, as shall be approved



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CHAP. 24.]



COUNTY BBYENUE.



83



by the court of oommon pleas. Sach bond shall be given to the
connty, shall be lodged with tiie clerk of said court, •and shall be
for the benefit of any person who may be injured by the neglect or
misconduct of said register.

Sbc. 2. Such bond shall be put in suit by order of said court
whenever any person may be aggiieved, and execution shall issue
fiom time to time for all sums for which judgment may be recov-
ered against such register, and for which a fall satisfaction shall
not have been otherwise obtained.

Sec. 3. The register shall keep his office open daily, (Sundays
excepted,) in the place, if any there be, provided therefor by the
county.

Sec 4. He shall keep all books, records, files and papers care-
fully, and shall permit no paper there deposited to be taken firom
his office before it shall be recorded.

Sec. 5. He shall receive, file and record, for the legal fees, all
deeds and instruments brought for that purpose, and shall examine
the records and give certificates or copies thereof, when required.

Sec 6. He shall keep a general index, containing two lists,
arranged alphabetically; one consisting of all the names of grant-
ors to grantees ; the other the names of all grantees firom gr^t-
ors; in which be shall enter, at the time of recording any deed,
Uie names of the grantors and grantees, as aforesaid.

Sec 7. Immediately upon the receipt of any deed fur record,
be shall enter in separate columns in a book kept by him and open
to inspection, the time when the deed is received, the name of the
grantor, the name' of the grantee and the name of the town in
which the land conveyed is situate.

Sec 8. K the register shall neglect any duty imposed by this
chapter, he shall forfeit twenty dollars to be recovered by an action
of debt in ihe name of the treasurer of the county, for the use of
the county, and shall also be liable to an action on the bond as
aforesaid.



CHAPTER 24.



OF THE C0T3NTT KBVENTXE.



COMPILED PROM

Chapter 23 of the Revised Statutes.
« 34, Laws of 1843.



Sscnox

1. Court of common pleas to recommend

tftxet.

2. Taxes, how to be cpranted.

3. Clerk of court of oommon pleat to

recefd dolBgt of ooorentinL



SXCTIOK

4. Conntj treasurer to issne warrant for

tax.

5. Bxecntion against oomity, bow paid.

6. Tnasnrer aathoriaed to bonow num^y.



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84 COUNTT RSYBNUB. [tITLK T.

Section 1. Each oonnty treasurer shall, in December asHiial-
Ijy make and deliver to the court of common pleas, at the next
stated term thereafter, a particular and certified statement of the
condition of the treasury, and said court shall determine hovr
much money, in their opinion, is necessary to be raised in and for
the county, for the year ensuing, statins in general the purposes
for which the same may be neraed, and the amount for each ob-
ject, and lodge such determination and statement with the clerk of
said court, who shall transmit the same to the secretary of states
prior to the second Wednesday of June next following.

Sec. 2. The representatives of the several towns compriuDg
each county, on the second Wednesday of the session in June, or
on some subsequent day of the same week, shall meet and form
themselves into a convention, of the time and place of which no-
tice shall be given by the speaker. The convention may choose a
chairman, a derk who shall be sworn by the chairman or some
justice, and who shall reeord all the proceedings thereof, and shall
deliver such record, or cause the same to be delivered, to the derk
of the court of common pleas for said county, within sixty days
thereafter, and said convention may grant and appropriate such tax-
es for the use of the county as may be necessary, and all taxes so
voted by the majority of the representatives present shall be valid.

Sec. 3. The clerk of the court of common pleas for each coun-
ty shall record in the record book of conventions for the county,
(which shall be kept in his office,) the doings of such convention,
and he shall certify to the treasurer of the coimty all taxes granted
by the same.

Sec. 4. The treasurer shall issue his warrant to the selectmen
of the several towns in his county liable to pay state taxes, requir-
ing them to assess, collect and pay in to the treasurer of said
county, within such time as shall be therein directed, their just
proportion of all taxes granted and certified as aforesaid, which
shall be according to their proportion of public taxes for the time
being, and may enforce the collection and payment thereof, in the
same manner as the treasurer of the state may enforce the collec-
tion and payment of outstanding state taxes.

Sec 5. K any execution shall issue against any county, the
treasurer, upon demand made, shall pay the same out of any
money in the treasury ; and if this is insufficient, he may issue his
warrant to the selectmen of the several towns in the county, in the
manner prescribed in the preceding section, requiring them to col-
lect and pay into the treasury, within forty days, a sum sufficient
to satisfy said execution, and may enforce payment thereof in
manner therein provided.

Sec. 6. Whenever the money in the treasury of any county
qhall be insuffident to meet the demands upon the same, the treas-
urer, upon an order of the court of common pleas, may borrow such
sum as they shall deem necessary for the purpose, and may bind
the county for the re*payment of the same. (Laws of 1843, ckap^
34, sec. 1.)



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CHAP. 25.]



VOTERS.



85



TITLE VL

OF ELECTIONS OTHER THAN OF COUNTY AND
TOWN OFFICERa



Cbaptsr 25. Of the rights and qualificationa of voters.

Chapter 26. Of the manoer of conducting elections.

Chapter 27. Of the election of governor, councillors and sena-
tors.

Chapter 28. Of the election of representatives in congress.

Chapter 29. Of the election of electors of president and vice-
president.

Chapter 30. Of the -election of representatives to the general
court

Chapter 31. General provisions concerning elections.



CHAPTER 25.

OF THE BIGHTS AND QUALIFICATIONS OF V0TBB8-

compiled from
Chapter 24 of the Revised Statutes.
« 492, Laws of 1847.



SSCTIOV


SSOTIOV


1. Wlio are legal voters.


5.


Aliens are not voten.




6.




9. Abatement of taxes not to deprfye of


7.


Besidence not lost by a temporary


right to Tote npon tender of pay-




absence.


ment thereof.


8.


Person electing place of residence,






when.


■pon tender of payment thereof.


9.


Stndents gain ao residenoe.



Section 1. Every male inhabitant of each town, beiflg a na-
tive or naturalized citizen of the United States, of the age of
twenty-one years and upwards, excepting paupers and persons ex-
cused from paying taxes at tiieir own request, shall have a right at
any meeting to vote in the town in which he dwells and has his
home.

Sec. 2. No person shall be considered a pauper vdthin the
meaning of the preceding section, unless he has been assisted as
such within ninety days prior to the meeting in which he claims
the right to vote.



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86 TOTER8. [TITLK TI.

Sec. 3. No legal voter in any town or place shall be deprived
of his right to vote at any town meeting by reason of requesting-
or having requested that his taxes might be abated or remitted, or
by reason of the abatement or remission of his taxes, provided he
shall, before he oiTers to vote, tender the payment of all taxes as-
sessed against hiih during the year prior to his offer to vote, to the
moderator, collector of taxes, or one of the selectmen, and at the
time he oifers to vote, present the evidence of such tender. {Latos^
of 1847, chap. 492, sec. 2.)

Sec 4. No person shall be deprived of the right to vote at any
town meeting by reason of having received assistance firom the
town for himself or his family, provided he shall tender payment
as aforesaid of all reasonable expenses which such town has in*
curred, within ninety days, by reason of such assistance ; but such
person upon making such tender shall have his name placed upon
the check list, and his vote shall be received. {Laws of 1847,
chap. 492, sec. 3.)

Sec. 5. No alien shall be entitled to vote at any town meet-
ing. {Sec. 3, chap. 24, R. S.)

Sec. 6. No person shall be considered as dwelling or having
his home in any town for the purpose of voting, or being voted for
at any meeting therein, unless he shall have resided within this
State six months, and within such town three months, next pre-
ceding the day of said meeting. {Sec. 4, chap. 24, JR. S.)

Sec. 7. When such a residence is acquired by any person in
any town, it shall not be inteirupted or lost by a temporary ab-
sence therefrom with the intention of returning thereto as hb
home. {Sec. 5, chap. 24, R. S.)

Sec. 8. Any person who shall exercise the privilege of voting
at any election in any town or place within this or any other State,
shall be deemed by that act to have elected such town or place to
be his legal residence for the purpose of voting, and shall thereaf-
ter be disqualified to vote in any other town or place in this State,
until he shall have gained a new residence as is herein before
provided. {Laws of 1849, chap. 850.)

Sec. 9. No person attending at any college, academy or other
literary institution in any town for the purpose of obtaining an
education, shall be entiUed to vote therein, nor lose his right at
his former residence. This shall not apply to any person who had
a previous legal residence in any such town, or who has removed
and taken up his permanent residence therein. (JR. £., chap^ 24,
sec. 6.)



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CHAP. 26.]



BLBOTIONS.



87



CHAPTER 26.

OF THE HANlirBB OF CONDUCTING ELECTIONS.
COMPILED FROM

Chapter 25 of the Beviaed Statutes.
« 492, Laws of 1847.



SscTioir


SXOTIOV


1.


List of Toftdrv to bo posted.


U.


H^rityv h«w detemined.


S.


SoBtioiiB for cbrrectiBg such lists to be


15.


Votes, how to be counted, dedaied




bolden.




and recorded.


3.


List, how to be coROCted.


16.


No ballot to be Moeived after the


4.






votes declared.


5.


Voters on taid list msy TOte, if acci-


17.






dentaUj omitted.


18.


Check list and list of polls to be filed


6.


List to be present at meeting.




with town clerk.


7.


Ballot boxes to be prorided.


19.


Penalty for treating at elections.


8.


What are deemed ballots.


20.


Penalty for attempt to influence


9.


Mode of balloting.




voters.


la


What officers to be voted for on one


21.


Penalty for voting illegally.




ticket


22.


Penalty for neglect or frand of se-


11.


No person need vote for every officer ;




lectmen.




when deemed a blank.


23.


Penalty for fraad of moderator or


12.


Selectmen and town derk to assist in




selectmen.




ooonting votes.


2i.


Penalty for any other neglect or


13.






fnmd.



Section 1. The seleetmeD shall lodge with the town clerk,
and shall also cause to be posted up in one or more public places
in the town, an alphabetical list of all the legal voters therein, fif-
teen days at least prior to any meeting for the choice of state or
county officers, representatives in congress or electors of president
and vice president

Sec 2. The selectmen shall be in session at some convenient
place for so long a time as shall be necessary, within three days
next preceding any such meeting, for the purpose of correcting
said Ufit, and one session shall be for two hours at least on the day
and before the opening of said meeting. Notice of the time and
plitfses of holding said sessions shall be given upon said lists at the
time of posting up the same.

Sec 3. The selectmen shall hear all applications for the inser-
tion of the name of any person upon said list, or the erasure of
any name therefrom, and may examine the party or any witnesses
thereto upon oath,^ which may be administered by any member of
the board. They shall insert the name of every legal voter omit-
ted, and erase the name of every person not a legal voter.

Sec 4 The list, as corrected by the selectmen, shall at all'



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88 BLBCTI0N8. [tITLB 71.

timesi before the opening of any meeting, be open for the exami-
nation of every citizen of the town.

Sec. 5. No person shall be allowed to vote at any meeting
aforesaid, unless his name is inserted upon said list before the
opening of such meeting, and the vote of no person whose name
is then upon said list, shall be rejected ; provided^ however, that
this section shall not be so construed as to prevent any parson
from voting at any election, whose residence has with the knowl-
edge of the selectmen, been, for and during the year next pre-
ceding the said election, in such town, but whose name has been
accidentally omitted from said list

Sbc. 6. The selectmen shall be present at the opening of such
meeting, and shall have then and there present the list of legal
voters corrected as aforesaid.

Sec. 7. A suitable box or boxes shall be provided by the se-
lectmen at the expense of the town, in which to receive the ballots
• of the voters.

Sec. 8. Each ballot shall contain the name of every person
voted for, and may be either written or printed. Blank pieces of
paper shall not be counted as ballots, votes or tickets.

Sec. 9. Each voter shall deliver his ballot to the moderator in
open meeting, and the moderator, on receiving the ballot, shall
direct the town clerk to check the name of the voter on said list,
and shall, without inspecting the name of any person voted for,
examine said ballot so far only as to determine whether the same
contains more than one ticket ; if it do not, he shall place the bal-
lot in the balloting box ; but if it do, he shall make it manifest to
the meeting, and reject the same.

Sec 10. In balloting for state and county officers, representa-
tives to congress, or electors of president and vice-president, the
moderator shall call for the ballots for so many of said officers as
it may be necessary to vote for at such meeting, to be given in on
the same ticket, as a majority of the voters present may request
or designate, with the respective offices designated against the
name of each person voted for.

Sec 11. If several officers are to be voted for upon one ticket, no
person shall be obliged to vote for each of said officers. And when
more than one description of officers are voted for on the same
ticket, any ticket which does not contain at least one vote for each
description of officers, shall be regarded as a blank as to the de-
scription of officers omitted. ,

Sec 12. The selectmen and town clerk shall assist in sorting
and counting said votes, but no other person shall in any manner
interfere therewith.

Sec 13. In determining the result of any election, the whde
number of persons voting for any officer shall firat be ascertained
by counting the whole number of separate tickets given in, and
no person shall be declared to be elected to any office who shall
hot have received a majority of the whole number of tickets given



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CHAP. 26L] ELECTIONS. 89

in for BQch office, except in cases otherwise specially proyided for.

Sec. 14. If a number of candidates greater than the requisite
number shall severally receive a majority, a number equal to the
requisite number having the greatest excess over such majority
shall be declared to be elected. But if the number to be elected
cannot be completed by reason of any two or more candidates
having received an equal majority, one or more being greater than
the requisite number, the candidates having such an equal majori-
ty shall be declared not to be elected.

Sec. 15. The moderator shall in said meeting, in presence of
the selectmen and town derk, sort and count the said votes and
make a public declaration of the whole number of the tickets
given in, with the name of every person voted for, and thje number
of votes for each person, and the town clerk shall make a fair
record thereof at large in the books of the town.

Sec 16. No bafiot shall be received and counted after the
dtate of the votes shall have been declared as aforesaid.

Sec. 17. The town clerk shall have present at the polls, at the
opening thereof, all the statute laws of this State in force relating
to the subject of elections.

Sbc. 18. Upon the back of the list of voters used at the annu-
al meeting, the selectmen shall enter the names of all the ratable
polls in the town not included in said list, and shall file the same
with the town cl^k within one week after the town meeting.

Sec. 19. If any person shall directly or indirectly give spiritu-

' ous liquor to any voter at any time with a view to influence any

election, or as a treat for his vote, or for the honors bestowed on

any candidate at such election, he shall be punished by fine not

exceeding twenty dollars for each offence.

Sec. 20. If any person shall directly or indirectly hire or pro-
cure or attempt to hire or procure, by payment, promises, threats,
or intimidations, any other person to stay away from any town
meeting, or to avoid voting at any town meeting, or to vote for or
against any particular ticket or candidate for office, or to procure
him to ask the abatement of his taxes, or to be excused from pay-
ing taxes, in order to prevent him from voting at any election,
such person shall be punished by a fine not exceeding fifty dollars,
or by imprisonment not exceemng thirty days. ^Laws of 1847,
chap. 492, sec. 1.)

Sec 21. If any person at any meeting for the choice of offi-
cers shall give in more than one vote for any officer voted for at
such meeting; or if any person under the age of twenty-one years,
or any alien not naturalized, or any person who is not a legal
voter, shall give in any vote for any officer at such meeting ; or if
any person being under examination as to his qualifications as a
voter before the board Of selectmen, shall give any false name or
answer ; he shall be punished by fine not exceeding thirty doUars
for each ofience, or may be imprisoned in the common jail not
exceeding three months.



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OOVERNOB, COUNCILLORS AND SENATORS. [tITLB VI.

J. 32. If any selectman at any session holden fcnr the oov-
iOn of the list of yoters, on leceiving satisfactory evidence that

.y person whose name is on said list is not a legal voter, shall
iCglect or lefhse to erase such name from snchlist; or shall ne-
glect or refose to insert on said list the name of any person who ia
a legal voter, having satisfactory evidence thereof; or shall neglect
or refdse to hear or examine any evidence oiTeied for snch purpose
in either of the cases aforesaid ; or shall at any time insert on said
list the name of any perspn not a legal voter, knowing such to be
the case ; or shall knowingly erase l£erefrom <»r omit to insert the
name of any legal voter; he shall be punished by fine not exceed*
ing fifty dollars for each offence.

Sec. 23. If any moderator or selectman at any snch meeting
shall fraudulently receive and count any illegal vote, or shall
fraudulently omit to receive and count any legal vote ; or shall
fraudulently embezzle any vote from the number of legal votes
cast, or add any vote thereto; or shall receive or count any vote
given at such meeting by proxy and without the personal delivery
of such vote by the person entitled to give the same ; he shall for
each offence be punished by fine not exceeding fifty dollars.

Sec 24. If any person shall be guilty of any offence against
any provision of this chapter, the penalty for which is not herein
specified, he shall be punished by nne not exceeding thirty dollars
for each offence.



CHAPTER 27.

OF THE ELECTION OF GOVEBNOB, COUNCILLOBS AND SENATOES.
IDENTICAL WITH

Chapter 26 of the Revised Statutes.



SSOTION

1. Meetiog, when to be holden.

2. Betnm of votes, tiow made.

3. Betnrn, when to be made.



SSOTION



9S0TI0N

4. Beceipt to be given therefor.

5. Penalty for neglect to make



retnm.



Section 1. The meetings of the severed towns for the election
of governor, councillors and senators shall be holden on the second
Tuesday of March annually, and at no other time.

Sec 2. The town clerk shall make out a fair and exact copy
of the record of all votes given in at any such meeting for govern*
or, for councillor and for senator, upon distinct and separate pieces
of paper, shall certify upon each copy that the same is a true copy
of said record, and shall seal up said copies separately and direct



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OHAP. 28.]



RBPRB8ENTATIVES IN CONGR£88.



91



the same to the secretary of state, with a superscription upon each
expressing the purport thereof.

Ssc. 3. He shall cause such attested copy to be delivered to
the sheriff of the county in which said town lies, thirty days at
least before the first Wednesday of June, or to the secretary of
state twenty days at least before the said first Wednesday of June,
and the sheriff or his deputy shall deliver all such certificates by
him received, into the secretary's office twenty days at least before
the first Wednesday of June.

Sec. 4. The sheriff or secretary upon the receipt of any such
copy, shall sive a receipt therefor, if requested.

Sec. 5. If any town clerk or sheriff shall nefflect to make any
return of votes in th6 manner aforesaid, he shaU be punished by
fine not exceeding one hundred dollars, nor less than twenty dollars.



CHAPTER 28.

OF THE ELECTION OF REPRESENTATIVES IN CONGRESS.
COMPILED FROM . *

Chapter 27 of the Revised Statutes.
" 342, Laws of 1846.
« 700, « « 1848.
" 1284, " « 1852.



SSCTION


Section


1. Sute diTided into districts.


6.


When new election to be ordered.


2. Of what counties each district shall


7.


Return of votes.


consist


8.


Votes to be laid before governor, &c.


3. Meeting, when holden.


9.


When new election ordered.


4. Meetings, how warned and goremed ;



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