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select-men of the town wherein such collector is appointed, in the case of a state or town tax, and for the said society’s committee, in the case of a society tax, to depute some meet person to collect such rate-bill or bills, or the remaining sums that may be due on the same, as the case may be; and the person so deputed, in either of the cases aforesaid, shall have full power to enforce and complete the collection of such taxes. sect. 17. All collectors, duly appointed, shall have full power to collect the taxes, for which a lawful warrant shall be given them; and shall have the same power to command the assistance of any person or persons, in the execution of their office, if necessary, as is by law given to sheriffs and constables, in the execution of their offices. Andall persons are hereby required to yield due obedience, and afford their assistance immediately, on the same penalties as are by law provided to enforce obedience to the command of sheriffs and constables: provided, such collectors shew and read their warrants to the persons whose assistance is commanded. sEct. 18. All constables, chosen to collect the state tax, and all other collectors of taxes, shall have the same power in any other town, as in their own, to collect the taxes of any person, or persons, against whom they have taxes in their rate-bill or lists; and may, at any time, collect such taxes, after the expiration of the year for which they are appointed. secr. 19. The constables, apppointed to collect the state taxes, and the collectors o town and other taxes, shall appoint a time and place for receiving such taxes, and shall give to every person reasonable warning and opportunity to pay the same ; and on failure of payment, they shall make distress therefor; and in case a distress shall be made, such collectors shall distrain goods and chattels, if they can be had, and shall post and sell them. in the same manner as is provided by law in case of executions; but if no goods or chattels are tendered, or can be found, such collectors may levy their warrants on the real estate, or on the bodies of those against whom they have taxes, and them commit to gaol, there to remain till such taxes and the legal costs are paid, or they are delivered in due course of law ; and all collectors of taxes shall be entitled to the same fees for levying warrants, as sheriffs are by law for levying executions. sect. 20. When a collector levies a warrant on real estate, for the payment of taxes, he shall advertise the time and place of sale, three weeks, in some news-paper, printed in the county, or an adjoining county, at least six weeks, before the time of sale; and then shall sell, at
Power of collectors;
in other towns.
How collectors shall proceed, in col
Fees of col-
Mode of sel-
Taxes, a lien on lands, for one year.
Compensation to collectors of state taxes.
public auction, sufficient to pay the taxes and costs chargeable against the owners, and shall give to the purchaser a deed of warranty thereof, to be lodged in the office of the town-clerk, where the land lies, to remain unrecorded twelve months; and if the owner from whom the tax was due, or any purchaser, motgagee, creditor of such owner, or any person claiming any interest in the land, shall, within twelve months from the time of the sale, pay or tender to the purchaser from the collector, the purchase money, with twelve per cent interest, such deed shall be void, and shall be delivered up to the person paying or tendering the money; who shall hold such land or estate as a security, in nature of a mortgage for the money paid, and twelve per cent interest. But if the purchase money and interest, shall not be paid within such time, then the deed shall be recorded, and the title become confirmed in the purchaser, his heirs and assigns, forever.
sect. 21. The real estate, of which any person is seised and possessed, in his own right, in fee, shall stand charged with his lawful taxes, and may be sold for the same, within one year after the taxes become due, notwithstanding any transfer thereof, or attachment thereon: provided, that no real estate, which has been transferred or levied upon as aforesaid, shall be liable to be sold for the payment of any taxes arising upon a list made up af. ter such transfer or levy; nor shall any real estate be liable to be sold for taxes, which has been legally transferred, attached, or taken by execution, where other estate can be found sufficient to pay such taxes, and the legal costs.
sect. 22. There shall be allowed to each collector of state taxes, three cents and an half on the dollar, for all monies such collector shall collect and pay into the treasury, which shall be paid by the treasurer, besides seven cents per mile for travel : provided such collector shall make a full settlement with the treasurer. of all such taxes, as by his warrant, he was commanded to collect, within twenty days after the time limited in such warrant, for the collection: and in case any collector of state taxes shall neglect to make such settlement within said twenty days, there shall nothing be paid or allowed, by the treasurer, to such collector, for any monies by him collected. and paid into the treasury.
SECT. 1 Bo it enacted by the Senate and House of Rep- - - resentatives, in General Assembly convened, That all the male white inhabitants of the several towns in the state, of the age of twenty-one years, who have a freehold estate not subject to a mortgage, rated in the common list or assessment at nine dollars, or personal estate, rated in said list at one hundred and thirty-four dollars, exclusive of their polls, or who have been duly admitted as electors, and who have statedly resided in such towns one year at least, shall have the right and privilege to vote and act in town-meetings; and persons, not so qualified, shall not be allowed to vote or act in such meetings : and if any person, not so qualified, shall yote, act or intermeddle in any town-meeting, contrary to this act, he shall forfeit and pay the sum of seventeen dollars, to the treasury of the county, where the offence is committed; and it shall be the duty of attornies for the state in the several counties, and grand-jurors in the several towns, to make presentment of all breaches of this law. sect. 2. When town-meetings are to be holden, a notification in writing, specifying the objects for which they
Who are qualified to vote in town meetings.
Penalty on persons voting, not being qualified.
Duty of state's attornies and grand-jurors to prosecute.
Mode of warning town
are to be held, signed by the select-men, or a majority of meeting".
them, set upon the sign-post or sign-posts in the towns, at
Annual and special meetings, when to be holden.
Town officers to be appointed at annual meeting.
Penalty for refusing to accept;
and for neglect of performance of the trust.
Vacancies may be supplied.
Towns may make regulations;
may make bylaws to restrain cattle, &c.
Duty of selectInell.
and measures, pound-keepers, and other ordinary town officers, to serve for the year ensuing. * sect. 4. The select-men shall forthwith, after such choice, cause the officers of whom an oath is required by law, to be summoned, and sworn to a faithful discharge of their respective offices and trusts: and if any person shall refuse to serve in the office to which he shall have been duly chosen, or shall refuse to take the oath prescribed by law, when an oath is required, he shall forfeit the sum of five dollars, to the use of the town, to be recovered in any proper action, by the treasurer, unless such person can make it appear to the court before which the action is brought, that he is oppressed by such appointment, or that others are unduly exempted: and every person accepting the office to which he is appointed, or not declaring his refusal to accept, who shall neglect the performance of the trust committed to him, shall pay a fine not exceeding three dollars to the use of the town where the offence is committed. sect. 5. If any office in any town shall become vacant, by the refusal, death, or removal of the person appointed, such town, in a legal meeting, may appoint another to supply the place. sect. 6. The inhabitants of the respective towns, in legal meeting assembled, shall have power to make such orders. rules and regulations for the welfare of the towns, as they may deem expedient, and to enforce them, by suitable penalties: provided, that such regulations do not concern matters of a criminal nature, are not repugnant to the laws of the state, and the penalties do not exceed four dollars for one breach. sect. 7. Every town, at a lawful meeting, warned for that purpose, shall have power to make by-laws for restraining horses, cattle, asses, mules, swine, sheep, and geese from going at large, and for regulating such as shall go at large : provided, that no penalty for any breach of such by-law shall exceed three dollars ; and that such by-laws shall not be in force till published four weeks successively, in a newspaper printed in such town, or in the town nearest to such town, in which a newspaper is printed, or in some other newspaper generally circulated in the town, where such by-law is made, as the town shall direct. sect. 8. It shall be the duty of the select-men to superintend the concerns of the town, and to adjust and settle all accounts against the same, and to draw orders on the treasurer for their payment; to keep a true and regular account of all the expenditures of the town; and to exhibit the same at their annual meeting.
sect. 9. It shall be the duty of towns, and they are hereby empowered, to grant annual taxes on the assessment list, made out according to law, sufficient to defray all lawful and necessary expense incurred by them: and if any town shall neglect or refuse to do it, when they have information from the select-men of the want of such supply, the select-men are hereby authorised to assess the inhabitants, and make a rate-bill upon the list of the town, last completed. for so much as is wanted to defray the necessary expense of the town, and to cause the same to be collected, in the same manner, as taxes laid by the town are collected.
TITLE 102. Town-Clerks.
An Act prescribing the duty of Town-Clerks.
E it enacted by the Senate and House of Representatives, in General Assembly convened, That a town-clerk, when chosen and sworn, shall continue in office till another is chosen and sworn in his room; and may, when there is no justice of the peace present in a town meeting, administer the oath provided by law to the officers of such town, who ought to be sworn : and it shall be his duty to enter and record all the votes and proceedings of the town for which he is appointed, in their lawful meetings ; and in the absence of such clerk from a town meeting, the town may choose a clerk pro tempore. sect. 2. The town-clerk or register, in every town, shall record all marriages, births and deaths of persons in such town ; and parents and masters shall transmit to the clerk of the town where they belong, the names of persons that are born or die in their respective families, and the time of their birth and death ; and executors and administrators shall transmit to the town-clerk, the names of the persons they represent; within one month after such birth or death, on penalty of one dollar for every month after the first month for which it is neglected, to the treasury of the town: and the town-clerk, of every town, shall give an account of all such neglects, that come to his knowledge, to some grand-juror in the town, who shall make presentment thereof to any justice of the peace in the county. sect. 3. And there shall be kept, in every town, proper books, in which shall be registered and recorded at length, by the town-clerk, all deeds, grants, leases, mortgages and conveyances of houses, and lands and tene
Duty of towns
Duty and power of town-clerk.
Record of marriages, births and deaths.
Record of deeds of lands. &c.