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$1. Resignations, how made. Resignations shall be made

First. By all incumbents of elective offices, to the officer authorized by law to fill a vacancy in such office by appointment, or to order a special election to fill such vacancy.

Second. By all officers holding their offices by appointment, to the body, board or officer that appointed them, unless otherwise specially provided.

§ 2. Office becomes vacant, when. Every office shall become vacant on the happening of either of the following events before the expiration of the term of such office:

First. The death of the incumbent.

Second. His resignation.

Third. His removal.

Fourth. His ceasing to be an inhabitant of the state, or if the office is local, his ceasing to be an inhabitant of the district, county, city or village, for which he was elected or appointed, or within which the duties of his office are required to be discharged.

Fifth. His conviction of any infamous crime, or of any offence involving a violation of his official oath.

Sirth. His refusal or neglect to take his oath of office, or to give or renew his official bond, or to deposit or file such oath or bond, within the time prescribed by law.

Seventh. The decision of a competent tribunal declaring void his election or appointment.

Eighth. The death of the person elected or appointed to fill a vacancy, or for a full term, before he qualifies, or his death before the time when by law he should enter upon the duties of his office to which he was elected or appointed, in which case the vacancy shall be deemed to take place at the time when the term of office of the predecessor of such deceased person would have expired, if such death had not happened. (As amended 1869, c. 81, § 1.)

§3. Governor may remove certain officers, when. The governor may remove from office any clerk of the supreme or district court, judge of probate, court commissioner, sheriff, coroner, auditor, register of deeds, county attorney, or county commissioner, any collector or receiver of public moneys, appointed by the legislature, or by the governor by and with the advice and consent of the senate, or of both branches of the legislature, whenever it appears to him by competent evidence that either of such officers have been guilty of malfeasance or nonfeasance in the performance of his official duties, first giving to such officer a copy of the charges against him, and an opportunity to be heard in his defence. (As amended 1868, c. 45, § 1.)

*§ 4. Charges against officers-commissioners to be appointed. Whenever charges are duly made against any officer, under chapter nine of the general statutes, and acts amendatory thereto, relating to resignations, vacancies and removals, the governor shall appoint special commissioners to take and report testimony for and against such officer, to be used in determining his guilt or innocence. (1872, c. 37, § 1.)

* 5. Commissioners to be sworn. Each commissioner, before he enters upon his duties in taking such testimony, shall be sworn to truly and faithfully take and record the testimony of each witness, and report the same fully and impartially to the governor within the time required by the commission of his appointment. (1872, c. 37, § 2.)

* 6. Witnesses to be sworn. The commissioners shall administer to each witness the oath required to be administered to witnesses testifying in courts of record of this state, and each witness shall subscribe his name to his testimony when reduced to writing by the commissioners. (Id. § 3.)

*§ 7. Fees of commissioners. The fees of commissioners for such services shall be the same as now allowed by law to referees in actions brought in the district courts of this state, and shall be paid out of moneys not otherwise appropriated, on the order of the governor; and on presentation of such order to the auditor of the state, he shall draw his warrants on the state treasurer in favor of the person entitled to the same: provided, that when testimony is taken for and against a county officer, like fees of the commissioner shall be paid by the county wherein such officer was elected, and be allowed in the same manner as other claims against the county. (Id. § 4.)

*§ 8. Fees of commissioners, counsel and witnesses. Commissioners heretofore appointed by the governor to take and report testimony for and against an officer charged with malfeasance or nonfeasance in office, under chapter nine of the general statutes, shall be paid like fees and in same manner as is required by section four of this act; and in all cases where testimony has been or shall be taken by the commissioners appointed by the governor in such cases, the county commissioners of the proper county may, if they think it advisable, allow and pay reasonable compensation to counsel, for attending to the prosecution of such cases, not exceeding ten dollars per day for the time actually engaged before the commissioners, and may allow witnesses fees for the prosecution, the same as is allowed to witnesses in cases in the district court of the state. (Id. § 5.)

§ 9. (SEC. 4.) Vacancy happening during recess of legislature, how filled. Whenever a vacancy occurs during the recess of the legislature, in any office which the legislature, or the governor, by and with the advice and consent of the senate, or of both branches of the legislature, are authorized to fill by appointment, the governor, unless it is otherwise specially provided, may appoint some suitable person to perform the duties of such office for the time being.

$10. (SEC. 5.) Appointees to qualify, how. E ch of the persons appointed in pursuance of the preceding section, shall, before proceeding to execute the duties assigned him, quality in the same manner as required by law of the officer in whose place he is appointed; and he shall continue to exercise and perform the powers and duties of the office to which he is so appointed, until such vacancy is regularly supplied, as provided by law.

$11. (SEC. 6.) Appointment, how long to continue. In all offices not otherwise provided for, when a vacancy is authorized to be filled by appointment, such appointment shall continue until the next general election occurring after there is sufficient time to give the notice prescribed by law, and until a successor is elected and qualified.

*§ 12. Appointment when state officer is impeached. Whenever any state officer, excepting the lieutenant governor, shall be temporarily suspended from the performance of the duties of his office by reason of his having been impeached, it shall be the duty of the governor to appoint some suitable and proper person to exercise the duties of such office during the time of such suspension; which said person, before entering upon the duties of the same, shall comply with the requirements of the laws relating to the same, and during the incumbency of the said office shall be governed in the administration of the same by all laws

that have been enacted for that purpose, and shall receive such compensation as is provided by law for such office. (1873, c. 30, § 1.)

13. Removal for habitual drunkenness. The habitual drunkenness of any person holding office under the constitution or laws of this state, shall be good cause for the removal from office by the authority and in the manner provided by law. (1878, c. 74, § 1.)

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First town meeting-boundaries-organiza- 149, 150. The police. tion-name.

151, 152. The street commissioner and assessor. 153-156. The city justices

158. The city printing-publication of ordinances. 159. Delivery of officer's books to his successor. 160. Other duties of officers-compensation-contracts.

8-10. Corporate powers and property.
11.12. Legal proceedings-conveyances-by-laws. 157. The city surveyor.
13-16. Annual town meeting-officers to be elected.
What powers may be exercised.
17-19. Special town meetings.
20-35. Procedure at town meeting-elections-vote
by ballot-canvass-notice to officer elect-
eligibility.

36-45. Qualification, oath and bond of different
town officers-refusals to serve.

46. Town officers not to be interested in contracts.

47-50 Vacancies in offices, how filled. 51. Refusal of town to elect officers.

52-54. Supervisors, their general powers, may ac-
cept resignations, may improve streets in vil-
lages.

55-64. Board of health, its powers and duties.
65, 66. Supervisors to prosecute suits-quorum.
67-73. Town clerk, his powers and duties.
74-80. Town board of audit-meetings-treasurer's
accounts-report of board-payment of claims
-clerk of board.

81-85. Town treasurer.

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161. Preserving the peace.

162-164. The common couucil, constitution, meetings and powers.

165.

166.

167.

168.

Ordinances, how passed, published, etc.
Prosecution of nuisances, etc.
Council to audit accounts, etc.
Issue of bonds.

169-176. Levy and collection of taxes.
177. Council to have charge of streets, etc.

178

Opening streets, etc.-taking private property-assessment and payment of damagesappeals.

179. Surveys and profiles to be filed.
180, 181. Vacating streets, etc.
182. Record of proceedings by clerk.
183-187. Fire limits-prevention of fires-fire de-
partment-summary arrests at fires.
188-192. Grades of streets, etc.-construction of
sidewalks-assessments of cost on adjoining

property.

193-195. Lighting streets-water supply.
196, 197. Rescission of vote of council-remission
of fines.

198, 199. Procedure to enforce ordinances and pay-
ment of fines.

200. Citizens may be jurors, etc. where city is a party.

201.

202.

City may hold and convey real estate.
Repeal or amendment of this act.
203. Duties of street commissioners.

VILLAGES.

113. Designation of public places.

114-116. Town bonds.

204. Organization and powers.

117-123 Boards of health, their powers and 205, 206. Elective offices--terms--oaths--boud and

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§ 1. Town, how organized. Whenever a majority of the legal voters of any congressional township in this state containing twenty-five legal voters petition the board of county commissioners to be organized as a town under this chapter, said board shall forthwith proceed to fix and determine the boundaries of such new town, and to name the same; and said board shall make a full report of all their proceedings in relation to laying off said town, and file the same with the county auditor.

§ 2. Fraction of township, how organized. A fraction of a township may be attached by said commisioners to an adjoining town, or be divided between two or more towns, or organized separately, according to the wishes of a majority of the legal voters to be affected thereby; and when rivers or lakes or creeks so divide a township as to make it inconvenient to do town business, the said commissioners may dispose of any fraction so formed by annexing the same to an adjoining township in the same county, if it shall seem to them proper, whenever petitioned to do so by not less than two-thirds of the legal voters residing in such fraction; and the fact that any such petition is so signed by two-thirds of such voters may be proved by the affidavit of any legal voter residing in such fraction, having knowledge of the fact; and any township having two or more villages or cities, each containing two hundred or more inhabitants, may petition the county commissioners for a division; and whenever the county commissioners are so petitioned, they may, if they think the interest of such town will be subserved thereby, proceed to divide such townships in such manner as will best suit the convenience of the state; provided, however, that at least twenty days' notice shall first be given by the county commissioners to the chairman of the board of supervisors of each township affected by the change, before action is taken thereon; provided, further, that nothing herein contained shall be construed to release any property in or belonging to that part of any township so detached, from any tax levied or assessed prior to such division being made; provided, that the part or portion of any town annexed to any other town, and any village or city separated from any town under the provisions of this act, shall not be released from, or in any way discharged from, the payment of any bonded or other indebtedness that may exist against the town from which separation has been made. (As amended 1875, c. 36, § 1.)

14 M. 437.

§ 3. Town, how named. Towns thus formed shall be named in accordance with the expressed wish of a majority of the legal voters resident therein; but if they fail to so designate the name, the county commissioners may select a name.

§4. County commissioners to make and post notices. The county commissioners shall thereupon make out notices designating a suitable place for holding the first town meeting in each town, which shall be holden within twenty days after such town is organized; and the auditor shall deliver such notice to the sheriff of the county, who shall cause the same to be posted in each township, not less than ten days before the day set for such town meeting.

§ 5. County auditor to send abstract of report to state auditor. Each county auditor shall, within thirty days after such town is organized, transmit by mail to the auditor of state an abstract of such report, giving the bounds of each town, and the name designated; and said county auditor shall record, in a book for that purpose, a full description of each town.

§ 6. Proceedings when two towns have same name. If the auditor of state, on comparing the abstract of the reports from the several counties, finds that any two or more townships have the same name, he shall transmit to the auditor of the proper county the name of the town to be altered; and the board of commissioners shall, at their next meeting thereafter, adopt for such town some name different from those heretofore named, so that no two towns organized under this chapter shall have the same name; and when such name is adopted, the auditor of the county shall inform the state auditor as before directed.

§ 7. Boundaries of towns to remain as now. The limits and boundary lines of every organized township shall remain as now established, until otherwise provided by the board of county commissioners under the authority of law.

$8. Powers. Each town is a body corporate, and has capacityFirst. To sue and be sued.

Second. To purchase and hold lands within its own limits, and for the use of its inhabitants, subject to the powers of the legislature.

Third. To make such contracts, purchase and hold such personal property, as may be necessary for the exercise of its corporate or administrative powers.

Fourth. To make such orders for the disposition, regulation or use of its corporate property as may be deemed conducive to the interests of its own inhabitants.

*$9. Relating to the title of burial lots. The title to every lot or piece of land which shall have been used by the inhabitants of any town or village in this state as a cemetery or public burying-ground for the space of ten years, shall be deemed vested in such town or village, and shall be subject, in the same manner as other corporate property of towns or villages, to the government and direction. of the same: provided, nothing herein contained be construed to apply to any lot or piece of ground used as a burying-ground, the title to which is vested, by deed or otherwise, in any cemetery association: provided also, that the provisions of this act shall not apply to or in any way affect the title to any tract or parcel of land now or hereafter [heretofore] occupied for a burying-ground, situated or lying within the corporate limits of the city of Stillwater. (1872, c. 32, § 1.)

§ 10. (SEC. 9.) Limitation of powers. No town shall posses or exercise any corporate powers except such as are enumerated in this chapter, or are especially given by law, or necessary to the exercise of the powers so enumerated or granted.

§ 11. (SEC. 10.) Proceedings to be in name of town. All acts or proceedings by or against a town in its corporate capacity, shall be in the name of such town; but every conveyance of land within the limits of such town, made in any manner for the use or benefit of its inhabitants, has the same effect as if made to the town by name.

§ 12. (SEC. 11.) By-laws, when to take effect. No by-law made by any town shall take effect before the same is published by posting up copies thereof in three of the most public places in the town; and such by-laws duly made and so published are binding upon all persons coming within the limits of the town, as well as upon the inhabitants thereof, and shall remain in force until altered or repealed at some subsequent town meeting.

§13. (SEC. 12.) When annual town meeting to be held. The citizens of the several towns of this state, qualified to vote at general elections, shall annually assemble and hold town meetings in their respective towns on the second Tuesday of March, at such place in each town as the electors thereof, at their annual town meetings, from time to time appoint; and notice of the time and place of holding such meetings shall be given by the town clerk, by posting up written or printed notices in three of the most public places in said town, at least ten days prior to said meeting. (As amended 1870, c. 99, § 1.)

§14. (SEC. 13.) Three supervisors to be elected in each town. There shall be elected at the annual town meeting in each town, three supervisors-one of whom shall be designated on the ballots as chairman-one town clerk, one treasurer, one assessor, two justices of the peace, two constables, and one overseer of highways for each road district in said town; but justices of the peace and constables shall be elected only once in two years, except to fill vacancies.

§15. (SEC. 14.) Supervisors to be fence viewers. The supervisors elected in every town are, by virtue of their office, fence viewers of such town.

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