the city, with such recommendations as he may think proper. office of mayor. § 957. Whenever there shall be a vacancy in Vacancy in the office of mayor, the presiding officer of the board of aldermen shall perform the duties of the office until the commencement of the year next after the first city election which shall take place subsequent to the vacancy. cities not affected. § 958. Nothing contained in the preceding pro- Existing visions of this title shall affect any city heretofore incorporated. CHAPTER III. ACTIONS AGAINST CITIES. restrain § 959. An action to restrain the common council Actions to or any executive officer of the city from a viola- ities. tion of official duty to the injury of the property or finances of the city or the increase of pecuniary burdens upon the citizens, to call such body or officer to account for misbehavior in office to the prejudice of the city property or finances or the increase of pecuniary burdens upon the citizens, may be maintained by any citizen who during the year preceding the commencement of the action shall have paid taxes to the amount of one hundred dollars into the city treasury, or upon eal or personal property in the city. TITLE IV. GOVERNMENT OF TOWNS. CHAPTER I. The town as a corporate body. II. Town meetings. III. Town officers. IV. Strays. V. Legal proceedings by and against towns. VII. Division and alterations of bounds of towns. Every town is a body corporate. Enumera. tion of pow. ers. CHAPTER I. THE TOWN AS A CORPORATE BODY. SECTION 960. Every town is a body corporate. 962. Conveyances. From 1 R. S., 643. § 960. Every town is a body politic and corporate, and as such has the powers specified or necessarily implied in this title or in special statutes, and no others. § 961. It has power: 1. To sue and be sued in the town name; 2. To purchase and hold lands within its limits and for the use of its inhabitants, subject to the power of the legislature; 3. To make such contracts, and purchase and hold such personal property as necessary to the exercise of its powers; 4. To make such orders for the disposition or use of its property as the interests of its inhabitants require. § 962. All acts or proceedings by or against a town, in its corporate capacity, shall be in the name of the town; but a conveyance, authorized by subdivision two of the preceding section, made in any manner, for the use of its inhabitants, shall have the same effect as if made to the town by name. ances. CHAPTER II. TOWN MEETINGS. ARTICLE I. Annual and special town meetings. III. Elections. ARTICLE I. ANNUAL AND SPECIAL TOWN MEETINGS. SECTION 963. Time and place of annual town meeting. 964. General powers of town meeting. 965. Erection of a town house. 966. Conveyance of site and erection and control of town-house. 967. First meeting in new towns. 968. Special town meetings. 969. Notice of meetings. 970. Directions and regulations to remain in force till repealed. 971. Service of process. § 963. The board of supervisors of each county shall fix a day, after the thirty-first day of Janu ary and before the second day of May, for the annual town meetings of all the towns in the General powers of town meet ing. county, and shall not change the day oftener than once in three years; and the board shall advertise notice of such day and of any such change. The meetings shall be held at a place, within each town, to be fixed from time to time by the electors at such meetings. 1 R. S., 644, §§ 1, 2; Laws of 1859, 290, ch. 107. § 964. The electors of each town have power at their annual town meeting: 1. To direct any action or special proceeding in any controversy in which the town has an interest, and to raise money therefor; 2. To raise money to establish a town-house, under the restrictions prescribed by section 965, and for keeping it in repair and insured; 3. To establish or discontinue pounds; 4. To determine whether there shall be one or two overseers of the poor, one or three commissioners of highways, and how many constables there shall be, not exceeding five, and whether there shall be any pound-masters, and if so, how many; and in the towns in the counties of Suffolk, Kings, Queens and Richmond, how many overseers of highways there shall be ; 5. To take measures and give directions for the exercise of their corporate powers; 6. To make such provisions and allow such rewards for the destruction of noxious weeds as they deem necessary, and to raise money therefor; 7. To establish the compensation of the fence viewers; 8. To make, from time to time, such regulations as they may think proper for the better improving of all lands owned by the town in its corporate capacity, whether commons or otherwise; for maintaining and amending partition or other fences around the same, or any part thereof, and fences for their lands, gardens, orchards, and meadows; for protecting such lands from any trespass, and for directing the time and manner of using the same; 9. To make the like regulations for ascertaining the sufficiency of all fences in the town; for determining the times and manner in which animals shall be permitted to go at large on highways; and for impounding animals ; 10. To impose such penalties on persons offending against any regulation established by such town, excepting such as relate to the keeping and maintaining of fences, as they may think proper, not exceeding twelve dollars and fifty cents for each offense; 11. To apply such penalties, when recovered, in such manner as they may think most conducive to the interests of such town; |