assistant town clerk, who, having been duly sworn, may perform all the duties of said office, as provided by law for assistant town clerks, during such sickness, absence, or inability of said town clerk, or until the next annual meeting of said town. of lands. SECT. 61. The town clerks shall keep the books of their respective Books of records to be kept, and towns, and truly enter all the votes, grants and proceedings of the. clerk to give town, and shall give true copies of the same, as well as of all deeds copies. and conveyances of lands or tenements by them recorded, for the same fees as are allowed to the clerks of courts for copies, and all copies of the votes and proceedings of towns, attested by the town clerk, shall be admitted as evidence in all courts; and all attested copies of deeds with a certificate from the town clerk that they have been recorded, shall be conclusive evidence of such fact.* SECT. 62. There shall be kept, in every town, proper books, in Records of deeds which shall be registered and recorded at length, by the town clerk, all deeds, grants, leases, mortgages, and conveyances of houses, lands, and tenements, or of any interest in them, lying in said town, delivered to him to be recorded; and also, all executions levied on lands or tenements, returned to him by the officers levying the same to be recorded; and also, an index or alphabet to the same, containing the names of the grantees and grantors, in alphabetical order; and the town clerk, in every town, shall, on the receipt of any grant, deed, conveyance, or mortgage, of any houses, lands, and Day, month and tenements, write thereon the day, month, and year, when he received year to be enthe same, and the record shall bear the same date; and if any town clerk shall be guilty of a breach of this section, he shall, for every such breach, forfeit the sum of seventeen dollars to the treasury of the county to which he belongs. And when the town clerk of any town shall have received a grant or deed of lands to be recorded, he shall not deliver up the same to the parties, or either of them, until it has been recorded.f tered on deed. corded within SECT. 63. Town clerks shall record, at length, all deeds and other Deeds to be reinstruments left for record, within a reasonable time, not to exceed thirty days. thirty days from the time said deed is left for record; and if any town clerk shall violate the provisions of this section, he shall forfeit to the treasurer of the town where the offense is committed, a sum Penalty. 1859. SECT. 64. Whenever any town clerk shall have recorded any deed Town clerk to or instrument, known to him to be a release or discharge of note release of any mortgage. mortgage recorded on the records of said town, he shall make a memorandum on the page where said mortgage is recorded, stating the book and page where said release or discharge is recorded, and for such service he shall be entitled to the sum of five cents. SECT. 65. Whenever any real estate shall be attached, the town Names of parties derk, in whose office the certificate of attachment is left, shall record to be recorded. When a copy is not evidence, without accounting for the non-production of the original. Cunningham v. Tracy, 1 C. R. 252. Town clerk may, at any time while in office, correct his record. Boston Turnpike Co. v. Pomfret, 20 C. R. 590. Attested copy conclusively rebutted by original record corrected after the making of such copy. Same. Mere certificate of recorded fact, without certified copy of the record itself, inadmissible. New Milford v. Sherman, 31 C. R. 101. When an execution has been levied on real estate, the certificate of the justice appointing the appraisers, and the appraisers' certificate appended to the officer's return, need not be recorded. Isham v. Downer, 8 C. R. 282. A deed delivered for record cannot be returned without being recorded; and if it is, the title of the grantee is not thereby defeated. Wells v. Hutchinson, 2 Root, 85; Hine v. Robbins, 8 C. R. 342. 1854. 1858. in an attachment Fees. 1863. No instrument to be recorded un in a book kept for that purpose, the names of the party at whose suit said real estate is attached, and also of the party whose estate is attached, and the amount of damages claimed in the plaintiff's declaration, together with the description of said attached estate as set forth in said certificate of attachment, and for this service said clerk shall be entitled to receive at the rate of twenty-five cents for every legal page of two hundred and eighty words, which shall be paid to him by the party at whose suit the real estate is attached, and be included and taxed with the officer's fees in said suit. SECT. 66. No town clerk shall be required or compelled to record any deed, conveyance, instrument, or writing whatever, unless the less fees are pre-fees for recording the same shall be paid him in advance, by the person who shall present the same for record. paid. Duty of town treasurer 1855. Vacancy, how filled. 1845. Must give bonds. 1864. ers of town or them for payment. TOWN TREASURERS. SECT. 67. The treasurer of each town shall receive all the money belonging to the town for taxes, fines, forfeitures, debts, or otherwise; and shall pay out the same to the order of the town or selectmen; and he shall make an annual statement of the receipts of money into the treasury, and the expenditures, which shall be adjusted by the selectmen, and laid before the town at their annual meeting. And he shall call on the justices of the peace in the town, for an account of the fines, penalties, and forfeitures, which shall have been received on judgments by them rendered, at least within one year after judgment is given, and shall receive the same for the use of the town. SECT. 68. Whenever the office of treasurer shall become vacant in any town, by reason of death, resignation or other cause, the selectmen shall appoint some proper person to execute the duties of said office; and the person so appointed, upon taking the oath of office, and giving bonds, with surety, to the satisfaction of said. selectmen, may execute the duties of said office until the same shall be filled by such town. SECT. 69. The treasurer of each town shall give bonds, with surety, to the satisfaction of the selectmen of the town for the faithful discharge of the duties of his office. SECT. 70. The treasurer of any town may, at any time, give May notify hold-notice to all persons holding orders drawn by the selectmen of such ders to present town on the treasurer, to present such orders for payment, on or before a certain day to be fixed in said notice, which shall be at least thirty days after the date thereof. Such notice shall be advertised for three weeks successively, in a newspaper printed or having No interest to be circulation in said town, and posted on the sign-posts in said town. allowed on or- If ders held, after any person holding an order, which was outstanding at the time the day limited of such notice, shall fail to present the same for payment, on or by such notice. before the day fixed in said notice, no interest shall be allowed on said order after said day so fixed in said notice. 1852. 1854. REGISTRARS. SECT. 71. Every registrar shall make oath or affirmation that he Shall be sworn. will faithfully perform the duties of his office, and he shall hold his office for the period of one year from the first Monday in January next succeeding his appointment, and until another is appointed in his stead. 1852. Vacancy, how SECT. 72. If the registrar of any town shall die or resign, the selectmen of the town shall, without unnecessary delay, appoint filled. another person registrar in his place, who shall hold his office until the first Monday in January next succeeding his appointment, and until another is appointed in his stead. 1856. SECT. 73. The registrar shall ascertain, as accurately as he can, Duties of regis by actual inquiry, and in the manner prescribed by law, all the trar. births, marriages and deaths occurring in his town, and shall make record of the same in a book or books kept by him for that purpose, in such form and with such particulars relating to such births, marriages and deaths, as shall be prescribed by law. He shall also give licenses to marry, according to the provisions of the first section of the act concerning domestic relations. 1852. Record of births, SECT. 74. His record of births shall state, in separate columns, the date of each birth, the child's name, (if it have any,) its sex, the how made. names, ages, color and residence of its parents, and the occupation of its father. riages, how SECT. 75. His record of marriages shall state, in separate col- Record of marumns, the date of each marriage solemnized in his town, the name, made. age, color, occupation, and birth-place, of each of the parties; the residence of each prior to, and at the time of, marriage; the condition of each, (whether single or widowed,) immediately prior to the marriage; and the name and residence of the minister or magistrate by whom the parties were joined in marriage. how made. amended. SECT. 76. His record of deaths shall state, in separate columns, the Record of deaths date of each death, the disease or other cause producing such death; the name, age, color, sex, birth-place, last occupation, residence, and condition, (whether single, married, or widowed,) of the deceased. SECT. 77. Every registrar shall amend his records, from time to Record may be time, as he may discover omissions or mistakes therein; and annually, on or before the twenty-fifth day of January, after having made his records as perfect as by diligent inquiry he can do, he shall send the state librarian an abstract of said records for the year next Abstract to preceding the first day of said January; which abstract shall be rian. made in such form as shall be prescribed by said librarian, and shall be duly attested by said registrar; and he shall deposit with the A copy to be detown clerk a true copy of the abstract, by him sent to the state posited with the librarian. SECT. 78. The registrar of each town shall receive from its treasury, for ascertaining and recording in manner aforesaid, each birth, ten cents; each marriage, ten cents; each death, ten cents; and for making and sending to the state librarian the annual abstract, two dollars; and when said abstract is of a record that, in the aggregate, contains more than two hundred names, the registrar shall receive two cents for each name over said two hundred, in addition to the sum herein before given. be sent state libra town clerk. 1852. 1854. Fees of registrars midwife. SECT. 79. Every physician or midwife, who shall have profes- Certificate of sional charge of the mother, at the birth of any child, and every nurse, or other attendant, who may act as midwife at such a time, in a case where no physician or midwife is employed, shall, during the first week of the calendar month next succeeding such birth, furnish the registrar of the town wherein such birth may have taken place, 3 certificate, signed by such physician, midwife, nurse, or other attendant, stating, from the best information which the signer of said 1852. Sexton to make certificate. Physician to make certificate. certificate can obtain, the date of such birth, the child's name, (it any it have,) its sex, the names, ages, color and residence of its parents, and the occupation of its father. SECT. 80. Every sexton or person, having charge of any public or private burial place, shall, during the first week of each calendar month, deliver to the registrar of the town in which such burial place is situated, a list of the names and dates of burial of the persons buried in such burial place, during the month next preceding. SECT. 81. The physician who shall attend any deceased person shall, during the first week of the calendar month next succeeding such decease, leave with the registrar a certificate signed by him, and containing all the particulars relating to said deceased required by the seventy-sixth section of this act, and in case no physician Nearest of kin to attended such deceased person, the nearest of kin shall procure such certificate from some other physician or substantial inhabitant of the town, and shall leave it with the registrar within fifteen days thereafter. procure certiti cate. 1855. Compensation SECT. 82. Each physician, midwife, sexton, or other person, who for certificates. shall perform the duties required by the three preceding sections, shall receive as compensation for each certificate so given, the sum of twenty-five cents, to be paid from the treasury of the town in which such birth or death may occur. Form of certificates. Forms distribu SECT. 83. Every certificate given under the provisions of the eightieth and eighty-first sections of this act, shall be in the fol lowing form: I certify, from the best information which I can obtain, that day of A. D. 18 days. Condition, ; disease, or cause ; color, A. D. 18 ; residence at the time of death, years as the case may be. this day of Attending physician, or inhabitant of said town, SECT. 84. The registrar of each town shall distribute in such ted by registrar. town, to all persons who in his judgment are likely to need the same, blank forms for the certificates and returns required by this Body of deceased person not to be removed without certificate. Penalty. Duty of state librarian. act. SECT. 85. No person shall take the body of any deceased person out of the town, wherein such deceased person died, without having first left with the registrar of that town a certificate, similar in all particulars to the one prescribed in the eighty-first section; and the registrar shall give a permit for the removal of such body, when said certificate shall have been so left with him. SECT. 86. Every person who shall violate any of the foregoing provisions, relating to the registration of births, marriages, and deaths, shall pay for every such offense a fine of ten dollars, to the use of the town wherein such offense is committed. SECT. 87. The state librarian shall annually prepare, and furnish to the registrars of the several towns, a sufficient number of blank forms for all the certificates and returns of births, marriages, and deaths, required by the provisions of this act; he shall accompany the same with such instructions and explanations as he may think necessary; shall receive said returns, and prepare, or cause to be prepared therefrom, such tabular statements as will render them of practical utility, and exhibit their results in convenient form, and shall make report thereof annually to the general assembly, and do whatever may be necessary to carry said provisions into effect. Towns and cities fect registration. SECT. 88 Any town or city may enact municipal laws, more effec- 1860. tually to attain the objects contemplated by the foregoing provis- may make rules ions, relating to the registration of births, marriages, and deaths, if for a more perthe same do not conflict with the main and specific objects of said provisions, to wit: to procure the most perfect registration of the facts therein required; and the registrars of towns where such municipal laws may be enacted, shall comply with and execute them under the same oath and penalties, as are required by the previous provisions of this act. 1856. When no certifi SECT. 89. Whenever, in any town, any birth or death may happen, concerning which no certificate shall be returned to the regis- cate is returned, trar of said town, according to the previous provisions of this act, duty of registrar. the registrar shall obtain the information required by law respecting such birth or death, for which service he shall be entitled to the compensation herein given to physicians, midwives, and other persons, for similar services. Registrars to re parents died in States, &c. SECT. 90. The registrar of each town, on or before the first day. 1864. of March of each year, shall record the name of every boy and girl cord the names of made orphan, or half-orphan, before the first day of the preceding orphans, whose January, by the death of a parent enlisted from his precincts, in the military or naval military or naval service of the United States, since the outbreak of service of the U. the rebellion, tabulated in a book, with such items of patriotic devotion of the deceased, as the said registrar may deem of public interest; and on the first Tuesday in March of each year, he shall place the same with the town clerk, to be by him deposited among the public archives of the town. SECT. 91. The said registrar shall receive, for the recording of Fees for recordthe name of each child, twenty-five cents, to be paid from the treas- ing. ury of the state, on the certificate of such registrar. CONSTABLES. constables an SECT. 92. Every town shall, at its annual meeting, appoint such Towns to appoint number of constables as it may judge expedient, not exceeding seven, nually. who shall, on or before the first Monday of January, in each year, take the oath prescribed by the constitution for executive officers, and shall hold their offices until the next annual meeting of the town, or until others are chosen and sworn in their room.* SECT. 93. 1845. Whenever any person shall be chosen to the office of Constables to constable by any town, he shall, before he enters upon the duties of give bonds. his office, execute to the treasurer of the town, and his successor in office, a bond with surety to the acceptance of the selectmen, conditioned that he will faithfully discharge the duties of his office, and answer all damages which any person may sustain by his unfaithfulness or neglect in the discharge of said duties. 1865. bles, when ap SECT. 94. The selectmen of the several towns, on occasion of any public celebration or gathering, or during a period of any unusual Special consta excitement therein, may appoint such number of special constables pointed. as they may deem necessary to preserve the public peace within the limits of such town, and such special constables shall have the same powers that constables have, to serve criminal process and arrest· for crime, during the time for which they shall be appointed. • When constables are to be chosen. Beecher v. Hart, 1 Root, 135. When sworn. Stone e. Healy, 5 C. R. 278. Need not be sworn on a re-election. ́ Kelsey v. Wright, 1 Boot, 88. |