Chapter XV
Towns and Town Officers. Powers and Duties of Town Officers.
§1. The districts of territory into which counties are divided, are, in some states, called _towns_. In others they are called, and perhaps more properly, _townships_; and the name of _town_ is given to an incorporated village, or a city. We shall, however, in this work, apply to these territorial divisions the shorter name of _towns_, as they are called in most of the old states.
§2. The electors of the several towns meet once a year for the election of town officers, and for certain other business purposes. The electors of a town have power, at their annual town meetings, to order money to be raised for the support of the poor, for the building and repairing of bridges, and for other town purposes; to make regulations concerning fences; to fix the compensation of town officers in certain cases; and to perform such other duties as come within the usual powers of towns. The powers of towns, however, are not precisely the same in all the states.
§3. Among the town officers elected at town meetings, are the following; not all of them, however, are elected in any one state: One or more persons who have the general oversight and direction of town affairs, called by some name corresponding to the nature of their duties; a town clerk; one or more assessors; justices of the peace; overseers of highways; overseers of the poor; school officers; constables; a collector of taxes; a treasurer; fence-viewers; pound-keepers, &c. In some states there are also sealers of weights and measures; persons to measure and inspect wood, lumber, bark, and other commodities.
§4. The officers first mentioned in the preceding section, are, in the New England states, called _selectmen_, of whom there are at least three, and may in no state be more than nine, in each town. In a few states they are called _trustees of townships_, and are three in number. In a few other states, there is in each town one such officer, called _supervisor_. The powers and duties of these officers are more numerous in some states than in others. They have power to lay out roads, and lay out and alter road districts; to do certain acts relating to roads, bridges, taxes, common schools, the support of the poor, &c.; and to examine and settle all demands against the town. In some of the states, some of these duties are performed by other officers.
§5. The _town-clerk_ keeps the records, books, and papers of the town. He records in a book the proceedings of town meetings, the names of the persons elected, and such other papers as are required by law to be recorded. In some states, deeds and other conveyances are required to be recorded by the clerks of towns.
[For a description of the duties of _assessors_ and _justices of the peace_, see Assessment and Collection of Taxes, and Justices' Courts.]
§6. For the repairing of _highways_, a town is divided by the proper officers into as many road districts as may be judged convenient; and a person residing in each district is chosen, called _overseer_ or _supervisor_, or _surveyor_ of _highways_, whose duty it is to see that the roads are repaired and kept in order in his district. In some states a tax is laid and collected for this purpose; and each person assessed may perform labor or furnish materials to the amount of his tax. In other states, road taxes are assessed upon the citizens in days' labor, according to the value of their property; every man, however, being first assessed one day for his head, which is called a _poll-tax_. Persons not wishing to labor, may pay an equivalent in money, which is called _commuting_.
§7. _Overseers of the poor_ provide for the support of the poor belonging to the town who need relief, and have no near relations who are able to support them. In some states there is in each county a poor-house, to which the poor of the several towns are sent to be provided for; the expense to be charged to the towns to which such poor persons belonged.
§8. The principal duties of a _constable_ are, to serve all processes issued by justices of the peace in suits at law for collecting debts, and for arresting persons charged with crimes. The business of a constable in executing the orders of a justice of the peace, is similar to that of a sheriff in relation to the county courts.
§9. The town _treasurer_ receives all moneys belonging to the town, and pays them out as they may be wanted for town-purposes; and accounts yearly to the proper officers. The office of town treasurer does not exist in all the states.
§10. The duties of _fence-viewers_ relate chiefly to the settling of disputes between the owners of adjoining lands concerning division fences, the examining or viewing of fences when damage has been done by trespassing animals; and the estimating of damages in such cases.
§11. The town _sealer_ keeps correct copies of the standard of weights and measures established by the state. Standard copies are furnished by the state sealer to each county sealer, at the expense of the county, and the county sealer furnishes each town sealer a copy at the expense of the town. The town sealer compares the weights and measures brought to him with the copy in his possession, and sees that they are made to agree with it, and seals and marks them. A person selling by a weight or measure that does not agree with the standard, is liable to the purchaser for damages--generally to several times the amount of the injury.
For a particular description of the duties of town officers, reference must be had to the laws of the several states.