of Massachusetts and the state of Maine jointly, and of lands CHAP. 3. belonging to said states in severalty, approved March ninth, eighteen hundred and thirty two. 1831, 510, § 4. SECT. 33. The land agent may expend in opening, clearing, Provision for causewaying, and making the Aroostook road, laid out from the the Aroostook military road to the mouth of Fish river, safe and convenient for road. travellers, from time to time, such sums of money as may be necessary, not exceeding, however, ten per cent. of the sales of timber and lands, provided, that the commonwealth of Massachusetts shall authorize and empower her land agent to lay out and expend, for the above purpose, equal sums of money, or so much as the land agents of said state and said commonwealth shall agree to expend for the purpose, not exceeding the above per centage on sales. Work thereon SECT. 39. If satisfactory proposals can be obtained, the land agents shall make said road, including bridges and causeways, by to be done by contract, and, for that purpose, they shall give public notice, and contract, if suitable propodescribe in such notice the proposed sections of the road, and the sals can be had. manner of making and finishing the same in all respects; and 1831, 510, § 4. request proposals therefor; the contractor giving sufficient security to perform said contract; and if the land agents shall not deem it for the interest of the state to accept any proposals, which may be made, they shall cause the same to be constructed by such persons, as they may employ. be laid out over ty. SECT. 40. Whenever it shall be necessary, that any part of said Proceedings if road shall pass over lands of proprietors, other than said state and the road must commonwealth, the county commissioners in the county where such private properlands lie, shall lay out the road over such lands, and take legal 151, 510, § 4. measures for making and completing the same, and the whole road, when made and completed, shall be, to all intents and purposes, a county road. sers on lands, of Maine or Mas sachusetts. 1831, 510, § 7. 1839, 376. SECT. 41. If any person shall, without liberty, enter and tres- of the prosecupass upon any lands of this state, or of the commonwealth of Mas- tion of trespassachusetts, or upon the undivided lands belonging to the state and said commonwealth, and cut down, take and carry away, or cut down for the purpose of carrying away the same, and converting it to his own use, any trees or grass, standing and growing on said lands, such person, and all those furnishing teams, oxen, horses, sleds, chains, or other implements, or the supplies of provisions, or other articles, which shall be used in committing and carrying on the trespasses aforesaid, shall be, and are declared to be, trespassers, and to be jointly and severally liable in damages, and they may be sued in any county in the state. Certain articles used, forfeited. 1831, 510, § 7. SECT. 42. The measure of such damages shall be the highest Rule of estimatprice, which such timber, logs, or other lumber, or hay, shall bring ing damages. at the usual place of sale of such articles; and all such teams, horses, oxen, sleds, chains and other implements, supplies of provision, or other articles, employed or used as aforesaid, shall be forfeited to the use of the said state, or commonwealth, or both, according to the title to land where the trespasses shall be committed. SECT. 43. Nothing contained in the two preceding sections Timber, logs or shall affect the right of the said state, or commonwealth, or both, hay cut may be of seizing and selling any of such timber, logs or hay, cut as above standing. mentioned. seized notwith 1831, 510, § 7. CHAP. 3. No person concerned in such ed to purchase trespass allow the forfeited articles. 1831, 510, § 7. Lands reserved in townships for public uses to remain under the agents'care. 1831, 510, § 9. Of the agents' reports, ac counts and set tlements. The form and particulars of his report. 1828, 393, § 9. 1835, 192, § 15. Money from be paid on war and return to SECT. 44. In the sales of the timber, logs and hay, so seized, no person, who was in any way concerned in committing such trespass, or in supplying those, who committed the same, shall be allowed, directly or indirectly, to purchase any part thereof. SECT. 45. The land agent shall take care of the public lots, which have been, or hereafter shall be, reserved for public uses, in the several townships in the state, until the fee of such land shall vest in the town, or otherwise, by force and effect of the grant thereof, and preserve the same from pillage and trespass. SECT. 46. The land agent shall report to the governor and council, once in three months, and oftener, if required, a particular account of all his doings in his office, and the names of his agents; and they are hereby authorized to audit and settle his accounts, at the close of each year, prior to the annual session of the legislature, and at such other times as may be designated. SECT. 47. He shall, in his reports, particularly describe all the lands, which have been surveyed for sale and settlement, and exhibit plans of the same, together with the field notes of the surveyor; and when any land has been sold, he shall describe the same, and report the sum received therefor, the names of the purchasers, and their sureties; the names of the trespassers, the amount of the timber cut, and the place where, whether on settling or timber land, and the sum received per thousand feet, where he shall have settled with trespassers; and the sums he receives, from time to time, on the demands now due, or which may become due: distinguishing the sums paid for principal and interest, and the names of the persons, from whom received, and all other particulars required by the governor and council, and also an abstract of all notes, bonds, obligations and other securities, with the names of the debtors and sureties, together with such collateral security, as may have been taken to insure payment. SECT. 48. The money to be paid out of the treasury, by virtue the treasury to of this chapter, shall be paid by a warrant from the governor, as in rant. Agent to other cases; and all notes taken by the land agent, on account of keep the notes the state, shall be safely kept by him, and he shall make out a schedule of said notes, annually, and also quarterly trial balances, and balance sheets of the land office leger, and shall return the same to the state treasurer, who shall enter the same in a book kept for that purpose. the treasurer schedules thereof and balance sheets. 1835, 192, § 14. SECT. 49. It shall be his duty to collect all notes taken, other than for settling lands, as soon as they may become due, and collect interest, at least annually, and pay, at the expiration of every month, into the state treasury, all moneys collected or received by him, on account of sales of public lands, and for timber and grass cut by trespassers. SECT. 50. He shall make his annual report to the governor and council, and include therein a written statement of the number of suits instituted on notes given for lands sold, and for timber and grass cut by trespassers, or otherwise, and the amount of costs in each of said suits, for the year preceding. CHAPTER 4. OF THE STATE LIBRARY, SECT. 1. Certain rooms in the capitol reserv- SECT. 5. Register of books issued and re ed as a place of deposite for the 2. Secretary to be librarian. Provis- 3. Sums appropriated, how expended. turned. When books must be re- 6. Borrowers held responsible. 7. Copies of laws, documents and ju- in CHAP. 4. Certain rooms the capitol place of depos reserved as a ite for the books of the state. 1839, 402, § 1. librarian. Pro substitute. SECTION 1. The books now belonging to the state, and such as shall be hereafter purchased, or received by the state, shall be collected and deposited in the south wing of the capitol, in rooms numbered three and four, and shall compose the state library. SECT. 2. The secretary of state shall be librarian, and take charge of the library, under such regulations, as are hereinafter Secretary to be established, and cause a catalogue of books to be prepared and visions for a kept; and he may appoint an assistant during the session of the Catalogue. legislature, whose compensation shall not exceed that of an engross- Recovery of ing clerk: provided however, that the governor, with advice of the 1839, 12, § 2. council, may appoint the superintendent of the public buildings a librarian, with a compensation not exceeding one hundred dollars a year. Actions for the breach of said regulations may be brought by the secretary of state for the time being, in his own name, for the use of the state, and in case of the death or removal from office of such secretary, the action shall survive, and be prosecuted in like manner by his successor. damages. pended. SECT. 3. All sums of money appropriated and unexpended, or Sums appropriwhich may be hereafter appropriated by the legislature for the pur- ated, how exchase of books, shall be expended by the secretary, under the direction of the governor. SECT. 4. Books may be taken from the library by the governor, members of the council, of the senate and house of representatives, judges of the judicial courts, secretary of state, treasurer of the state, adjutant general, attorney general and land agent. 1839, 402, § 3. Who may take books from the library. 1839, 402, § 4. and returned. SECT. 5. The librarian shall cause to be kept a register of all Register of books issued and returned, at the times they shall be so issued and books issued returned, and none so issued shall be retained more than three When books weeks, and all shall be returned on or before the first day of January annually. must be returned. 1839, 402, § 4. SECT. 6. Every person shall be answerable for all damage done Borrowers held by him to any book, and in case of the loss of a volume belonging responsible. to a set, the person answerable therefor shall procure a new volume, or pay in money the value of the set. 1839, 402, § 4. SECT. 7. The governor may transmit to the governors of the Copies of laws, several states, three copies of all the laws and resolves, published documents and judicial decisby order of the legislature, one copy of all public documents, ions to be transprinted and bound by the like order; and one copy of the printed mitted to other decisions of the judicial courts. states. 1839, 102, § 5. CHAP. 5. Town meetings to be called by 1821, 114, 65. the selectmen. 10 Mass. 105. 13 Maine, 466. First meeting tion and when a town is desti tute of officers. 1826, 338. CHAPTER 5. OF TOWN MEETINGS AND TOWN OFFICERS AND BOUNDARIES. SECT. 1. Town meetings to be called by the, SECT. 15. Certificates and record of oaths selectmen. 2. First meeting after incorporation, 3. If selectmen unreasonably refuse, 4. Form, and articles specified in the warrant. 5. Directed to a constable. 6. Mode of notice. 7. Of the return. 8. Who are qualified voters. 9. Annual meetings and choice of 10. Certain officers to be chosen by 11. Clerk, or other officer, to preside 13. Mode of summoning officers elect 14. Penalty for neglecting to be sworn. administered. 16. Vacancies may be filled at special meetings. 17. Choice of moderator and his du ties. 18, 19. Powers of the moderator. 21. Folded votes not to be received. 22. Powers of towns to raise money and make by laws. Penalties. Costs to be defrayed by the towns. 23. Towns declared to be corporations. 24. Town boundaries to be preserved. 25. Of perambulations. How notice shall be given, and a record made. 26. When towns erect stone monuments, lines may be perambulated once in ten years only. 27. Commissioners appointed by the supreme judicial court to settle lines. Their proceedings. 23. Their compensation. SECTION 1. Every town meeting, except in the cases mentioned in the two following sections, shall be called by a warrant, signed by the selectmen of such town. SECT. 2. The first town meeting held in any town shall be called and notified in the manner prescribed in the act incorporating such after incorpora- town; and if no mode is therein prescribed, by any justice of the peace in the same county, or when a town, though it has been organized, is destitute of officers, a meeting may be called on application to him for his warrant for the purpose, made in writing by any three of the inhabitants thereof; but when, by reason of death, removal or resignation of selectmen, a major part shall not remain in office, a major part of those remaining in office shall have the same power to call a town meeting, as a majority of those chosen. SECT. 3. In case the selectmen shall unreasonably refuse to call a town meeting, on any public occasion, any ten or more legal voters in said town may apply to a justice of the peace in the same county, may apply to a who is hereby authorized to issue his warrant, under his hand, for justice. calling such meeting. And when ten or more of the qualified voters in town shall request in writing, that the selectmen should insert a particular matter or thing in a warrant for calling a town meeting, they shall insert the same in the next warrant they shall issue for a meeting, or call a meeting for the express purpose of the consideration thereof. If selectmen unreasonably refuse, ten or more voters The same number may require an article to be inserted in the warrant. 1821, 114, § 5. Form, and arti SECT. 4. In either case the warrant shall specify the time and cles specified in place, at which the meeting is to be held; and in distinct articles, the warrant. shall state the business to be acted upon at such meeting; and no other business, matter or thing shall be there acted upon, so as to have any binding effect, or legal operation. CHAP. 5. 1821, 114, § 5. 9 Pick. 97. 21 Pick. 64. Directed to a SECT. 5. The warrant may be directed to any constable of the town, or any individual by name, directing him to warn and notify constable. all persons, by law qualified to vote at such meeting, to assemble at the time and place appointed. 1821, 114, § 5. SECT. 6. Such meeting shall be notified by the person, to whom Mode of notice. the warrant is directed, by his posting up an attested copy of such 1821, 114, § 5. warrant, in some public and conspicuous place in said town, seven days before the meeting; unless the town has appointed, or shall appoint, by vote, in legal meeting, a different mode; which any town is hereby empowered to do. SECT. 7. In either case, the person, who notifies the meeting, Of the return. shall make his return on the warrant, stating the manner of notice, 12 Pick. 206. and the time it was given. SECT. 8. Every person, who is qualified, by the constitution of this state, to vote for governor, senators and representatives, in the town or plantation, in which he resides, shall be entitled to vote in the election of all town or plantation officers, and in all the business affairs of the same. 13 Pick. 305. Who are qualified voters. 1833, 49, § 1. 1835, 348, § 2. of officers. 1821, 114, § 1. 1824. 260, § 3. 10 Mass. 105. SECT. 9. The annual town meetings in the state shall be held Annual meetin the month of March or April, and the qualified voters in each ings and choice town shall then choose, by a major vote, a clerk, three, five or seven persons, inhabitants of the town, to be selectmen, and overseers of the poor, when other persons shall not be chosen to that office, three or more assessors, two or more fence viewers, treasurer, surveyors of highways, surveyors of lumber, tythingmen, sealers of leather, measurers of wood and bark, constables, and collectors of taxes, and other usual town officers, who shall be duly sworn. SECT. 10. The election of moderator, town clerk, selectmen, Certain officers to be chosen by assessors, treasurer, school committee and town agent, shall be by ballot. ballot; and all other of said officers may be by ballot, or other 1821, 114, § 1. method agreed on by a vote of the town. officer, to pre- side at the clerk pro tem. SECT. 11. During the election of moderator of any town meet- Clerk, or other ing, the clerk shall preside; but whenever he shall be absent from any such meeting, either of the selectmen or of the assessors; and, if neither of those be present, any constable may lawfully do all the duties of clerk, in receiving and counting the votes for moderator: and the moderator, when chosen, may call on the voters to give in their ballots for a clerk pro tempore, who shall be sworn by the moderator, or a justice of the peace. 9 Mass. 262. town clerk. SECT. 12. The town clerk, before entering on the duties of his Oath of the office, shall be sworn before the moderator or a justice of the peace, 1821, 114, § 1. truly to record all votes passed in such, and other town meetings 13 Pick. 229. during the ensuing year, and until another clerk shall be chosen and sworn in his stead; and also faithfully to discharge all the other duties of said office. moning officers SECT. 13. The town clerk, or two of the selectmen shall forth- Mode of sumwith make out a list of the names of all those, who shall have been elect to take chosen into office, of whom an oath is required by law, and deliver the oaths. the same to a constable, with a warrant to him directed; and he 1821, 114, § 1. |