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ARTICLE III.

Duties of supervisor.

THE SUPERVISOR.

SECTION 1018. Duties of the supervisor.

1019. Auditing supervisor's accounts.
1020. Expense of surveys.

§ 1018. It is the duty of the supervisor:

1. To receive and pay all moneys raised for defraying the town charges, except those raised for highways, common schools and the poor;

2. To prosecute for all penalties, not exceeding fifty dollars, given by law to the town or for its use, and for which no other officer is specially directed to prosecute ;

3. To keep a true account of the receipt and expenditure of all moneys which come into his hands by virtue of his office, in a book to be provided for that purpose at the expense of the town, and to be delivered to his successor;

4. On the Tuesday preceding the annual town meeting, to account, with the justices of the peace and the town clerk, for the disbursement of all moneys received by him;

5. To attend the annual meeting of the board of supervisors of the county, and every adjourned or special meeting thereof of which he has notice;

6. To lay before the board of supervisors, at their next meeting, all accounts against the town which are presented to him;

7. To lay before the board of supervisors such copies of entries, concerning moneys voted to be raised in his town, as are delivered to him by the town clerk;

8. Within sixty days after being required so to do by the state engineer and surveyor, to cause a survey to be made of the bounds of his town and to transmit to him by mail, or otherwise, a map and description thereof, under penalty of fifty dollars (to be recovered as provided in section 129) for a neglect so to do.

1 R. S., 658, §§ 1, 4, 6, 10.

§ 1019. At every accounting mentioned in subdivision 4 of the preceding section, the justices and town clerk shall enter a certificate in the supervisor's book of accounts, showing the state of his accounts at that date.

1b., 5.

Auditing supervisor's accounts.

survey.

§ 1020. The expense of the surveys and maps Expense of mentioned in subdivision 8 of section 1018, shall be apportioned by the board of supervisors upon, and defrayed by, the several towns whose bounds either wholly or in part are described thereby.

Ib., § 9.

ARTICLE IV.

THE TOWN CLERK.

Duties of

town clerk.

Neglect to make return.

SECTION 1021. Duties of town clerk.

1022. Neglect to make return.

§ 1021. It is the duty of the town clerk:

1. To take charge of all the records, books and papers of the town, and file all papers required to be filed in his office;

2. To transcribe at length, in the records of the town, the minutes of every town meeting;

3. To deliver to the supervisor, before each annual meeting of the board of supervisors, certified copies of all entries in the town records of votes for raising money, made since the last meeting of the board;

4. Immediately after the qualifying of any constable, to return his name to the county clerk;

5. To perform such other duties as are imposed him by any provision of law.

upon

1 R. S., 659, §§ 11, 14.

§ 1022. Any town clerk who willfully neglects to make any return required by subdivision 4 of the preceding section, is guilty of a misdemeanor, punishable by fine not exceeding ten dollars.

Ib., § 15.

ARTICLE V.

THE FENCE VIEWERS.

In this article we have embraced only those provisions which relate to the duties and powers of fence viewers. The rules respecting the rights and liabilities of coterminous owners are reserved for that part of the CIVIL CODE which regulates real property.

SECTION 1023. Disputes to be settled by fence viewers.

1024. Fence viewers, how chosen.

1025. Proceedings.

1026. Decision to be filed.

1027. Subpoenas.

§ 1023. If dispute arises between the owners of

Disputes to

be settled by fence

adjoining lands, concerning the portion of fence viewers. to be maintained or made by either of them, or the amount which one who fences his open land shall pay to an adjoining owner who had previously fenced his land, such dispute shall be settled by any two of the fence viewers of the town. 1 R. S., 661, § 33.

ers, how

chosen.

§ 1024. Each party to the dispute shall choose Fence viewone of the two fence viewers, and if either neglect to choose after eight days' notice, the other party may select both.

Ib., § 34.

ings.

1025. The two fence viewers shall examine the Proceedpremises and hear the allegations of the parties. If they disagree they shall select a third to act

Decision to be filed.

with them. The decision of any two shall be final upon the parties, and all holding under them.

1 R. S., 661, § 35.

§ 1026. Their decision shall be in writing, describing the fence, and the proportion to be maintained by each, and be forthwith filed in the town clerk's office.

Ib., § 36.

Subpœnas. § 1027. Either of the fence viewers has power to issue subpoenas to compel the attendance of witnesses in any such proceedings.

Ib., § 43.

ARTICLE VI.

THE BOARD OF AUDITORS.

SECTION 1028. The board.

The board.

Time and place of meeting.

1029. Time and place of meeting.

1030. Form and verification of accounts.

1031. Certificates of allowance.

1032. Annual statement.

§ 1028. The supervisor, town clerk and justices of the peace, or any two of the justices of the peace, constitute a board of town auditors for the purpose of auditing and allowing the accounts of all charges and claims payable by their town. 1 R. S., 663, § 46.

§ 1029. They shall meet annually, at the place of holding the last town meeting, on the Thursday next preceding the annual meeting of the board of supervisors of the county.

Ib., § 47.

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