Determina tion of re sult. Justices in new and altered towns Classification of jus. tices. 992. The presiding officers shall determine who has been elected for the regular term of four years, under the two preceding sections, which determination shall be made, entered on the minutes, and announced as a part of the result of the canvass. 1 R. S., 651, § 28. § 993. If by the erection or alteration of boundaries of a town there be more than four justices therein, they shall, notwithstanding, hold their offices in such town according to their classes respectively. But on the expiration of the term of office of two or more in the same class, only one shall be elected to fill the vacancy in such class. If by such a change the number of justices in a town is reduced, the vacancy shall be supplied by election. Ib., 323, §§ 81, 82. 994. Whenever two or more justices are elected at the same time, and the assignment of their respective terms of office is not fixed pursuant to the foregoing provisions, it shall be ascertained as follows: The supervisor shall, within six days after the election, give notice, in writing, to the justices elected and to the town clerk, of the time and place where he will meet them, to determine, by lot, their classes; which notice shall be served at least six days, and not more than twelve, before the time. The determination shall be in the fol lowing manner: The supervisor and town clerk shall deposit in a box ballots numbered respectively one, two, three and four, or otherwise, according to the number of years in the respective classes of the offices to be filled. Each justice elected shall draw a ballot, and shall hold his office for the term designated thereon. If any justice is absent, the supervisor shall draw for him. In case of inability of the supervisor or a vacancy in his office, the town clerk shall give the notice and conduct the drawing. Duplicate certificates of the drawing and its result shall be made by the officers conducting the same, one of which shall be filed with the town clerk and the other with the county clerk, who shall record them in the books in which the canvasses of votes are recorded; and the same shall be conclusive evidence of the respective classes to which the justices belong. 1 R. S., 323, §§ 77 to 80. sioners of § 995. When only one commissioner of high- Commis ways is chosen, he possesses all the powers and highways. shall discharge all the duties of commissioners of highways as prescribed by law, and shall hold his office for one year. Whenever three commissioners are chosen they shall be divided by lot by the canvassers, upon the result of the canvass, into three classes, to be numbered one, two and three: the term of office of the first class shall be one year; of the second, two, and of the third, three; and thereafter one commissioner shall be elected annually, who shall hold his office for three years. A commissioner elected to fill a vacancy shall hold office only for the unexpired term; and if two vacancies are to be filled, the canvassers shall determine their respective terms as above provided. When a town resolves to reduce the number of commissioners, those then in office shall, notwithstanding, continue till the expiration of their respective terms, but no new election or appointment shall be made until after the number has been reduced to the required number by the expiration of terms of office or the happening of vacancies. 1 R. S., 650, § 5. CHAPTER III. TOWN OFFICERS. ARTICLE I. Qualifications, terms of office and compensation. II. Vacancies. III. The supervisor. IV. The town clerk. V. The fence viewers. VI. The board of auditors. VII. Provisions relating to several town officers. ARTICLE I. QUALIFICATIONS, TERMS OF OFFICE AND COMPENSATION. SECTION 996. Collector to give bond. 997. Commissioner of highways to give bond. 998. Overseer of poor to give bond. 999. Constable to give undertaking. 1000. Oath of office. 1001. Notice of acceptance. 1002. Filing bonds. SECTION 1003. Proof of execution of constable's undertaking. 1004. Filing and effect of the collector's bond. 1005. What neglect is deemed a refusal to serve. 1006, 1007. Penalties for refusal to serve. 1008. Quakers excused from swearing as assessors. 1009. No fee for taking oath of office. 1010. Penalty for serving without having taken oath. 1011. Terms of office. 1012. Certain officers paid by the day. 1013. Commissioner of highways. 1014. Pound-masters' fees. give bond. § 996. Within ten days after any collector Collector to receives notice of the amount of the taxes to be collected by him, and before entering on the duties of office, he shall execute to the town a bond, with one or more sureties, in double that amount, conditioned for the faithful execution of his duties as collector. 1 R. S., 654, § 41. sioner of highways to give bond. § 997. Every commissioner of highways shall Commis execute to the town a bond, with two sureties, in the penalty of one thousand dollars, conditioned that he will faithfully discharge his duties as such commissioner, and, within ten days after the expiration of his term of office, render to his successor a true account of all moneys received and paid out by him as such commissioner, and pay the amount justly due to such successor. Ib., § 47. of poor to give bond. § 998. Every overseer of the poor shall execute Overseers to the town a bond, with one or more sureties, conditioned that he will faithfully discharge the Constableto give undertaking. Oath of office. Notice of acceptance. Filing bonds. duties of his office, and will pay, according to law, all moneys that come into his hands as overseer. Laws of 1855, ch. 269. § 999. Every constable shall execute to the town an undertaking, with one or more sureties, jointly and severally agreeing to pay to every person who may be entitled thereto, any sums the constable may become liable to pay on account of any execution which may be delivered to him. 1 R. S., 654, § 43. § 1000. Every supervisor, town clerk, assessor, overseer of the poor, commissioner of highways, constable, town sealer and collector, shall take the oath of office as required by section 210 of this Code, before a justice of the peace, commissioner of deeds or the town clerk. § 1001. Every overseer of highways, or poundmaster, shall give written notice to the town clerk of his acceptance of the office. Ib, § 39. § 1002. The sureties in any such bond or undertaking of any town officer shall be approved by the supervisor or town clerk by indorsement upon the instrument. Every such instrument, with the approval thereof, except the collector's bond, and every oath and notice required by the foregoing provisions, shall be filed in the office of the town clerk within ten days after the officer giving it has |