Cities. town, he is liable to the town in a penalty of double the sum so remaining in his hands, together with the amount of such sum. § 1048. This chapter applies to cities as well as to towns. Process to be served on supervi CHAPTER V. LEGAL PROCEEDINGS BY AND AGAINST TOWNS. SECTION 1019. Process to be served on supervisor; his duty. From 1 R. S., 665, §§ 3, 6, 7. § 1049. In all legal proceedings against towns sor; his du by name, the first process and all other proceed ty. Recoveries in actions for penal. ties for trespass. ings requiring to be served, shall be served on the supervisor of the town; and whenever any such proceeding is commenced it is the duty of the supervisor to attend to the defense thereof, and to lay before the first town meeting a full statement thereof, for their direction in regard to its defense. § 1050. If on the trial of any action for a penalty imposed for any trespass committed on the lands of a town it appears that the actual amount of injury to such lands exceeded the sum of twelve dollars and fifty cents, then the amount of the actual damage, with costs, shall be recovered, instead of the penalty for the same trespass imposed by the town meeting; and such recovery shall be a bar to every other suit for the same trespass. certain cases. § 1051. Whenever, by the judicial determina- Partition in tion of any controversy in relation to lands the common property of a town, or of any proceeding for the partition thereof, the rights of any town are settled, the court in which such proceedings are had may partition such lands according to the rights so settled. CHAPTER VI. TOWN CHARGES. SECTION 1052. Town charges enumerated. 1053. Auditing accounts. 1054. Collection of town charges. From 1 R. S., 666. § 1052. The following are town charges: 1. The compensation of town officers for services rendered for their respective towns; 2. The contingent expenses necessarily incurred for the use of the town; 3. Moneys duly authorized to be raised by the vote of the town meeting; 4. Moneys directed by law to be raised for any town purpose. Town charges enumerated accounts. § 1053. Accounts for the compensation of town Auditing officers and the contingent expenses of towns (except for moneys received and disbursed, which are to be settled by the board of town auditors) shall Collection of town charges. be presented to the board of supervisors of the county. § 1054. The moneys necessary to defray the town charges shall be levied on the taxable property in the town in the manner prescribed in the "Fiscal Laws." CHAPTER VII. Meeting of officers to dispose of real property. Meeting of officers to dispose of real property. DIVISION OR ALTERATION OF BOUNDS OF TOWNS. SECTION 1055, 1056. Meeting of officers to dispose of real property. From 1 R. S.. 643, §§ 4 to 10. § 1055. When a town owning real property is divided, or its boundaries altered, the supervisors and overseers of the poor of the several towns shall meet, as soon as may be after the first town meetings subsequently held in such towns, and make such agreement concerning the disposition of such property (excepting all cemeteries and all gospel and school lots) and the apportionment of the proceeds, as they think equitable, and take all measures and execute all conveyances which may be necessary to carry such agreement into effect. § 1056. If no such agreement is made within six months after the change, the supervisor and overseers of the poor of each town in which any portion of the real property lies after the change shall, as soon as may be, sell and convey such portion; and the proceeds shall be apportioned between the several towns interested, by the supervisors and overseers of the poor of all the towns, according to the amount of taxable property in the town divided or altered, as the same existed immediately before the change, to be ascertained by the last assessment list thereof. property and debts to be appor tioned. 1057. When a town is divided or its bounda- Personal ries altered the debts and all personal property belonging to the town, including moneys in the hands of the town officers, shall be apportioned by the officers, and in the mode, prescribed by section 1056; and the debts shall be charged on such town according to such apportionment. officers to apportion. § 1058. The meetings of the supervisors and Meeting of overseers of two or more towns, required by this chapter, may be called by either supervisor, by at least three days' written notice of the time and place thereof to all the other officers. TITLE V. THE GOVERNMENT OF VILLAGES. CHAPTER I. Incorporation of villages. II. Village officers. III. Taxes. IV. Sidewalks. V. Cemeteries. VI. Fire companies. VII. Pounds. Requisite population to form a village. CHAPTER I. INCORPORATION OF VILLAGES. SECTION 1059. Requisite population to form a village. 1061. Census. 1062. Public inspection of survey and census. 1063. Notice of application. 1064. Mode of notice. 1065. Requisites of application. 1066. The hearing. 1067. The order. 1068. Notice of submission of question to vote. 1069. Conduct of meeting. 1070. Certificate of result. 1071. Order or certificate of county judge. 1072. Incorporation. 1073. Dissolving incorporation. 1074. Certain villages may adopt provisions of this title. § 1059. Any part of a town or towns, not included within a city or village and containing a resident population of not less than three hundred, or if more than one square mile in extent, at the rate of three hundred for every square mile, may be incorporated as a village on the application of the residents thereof. 1 R. S., 1244, § 1. All references to the Revised Statutes are to the 4th edition except where otherwise specially indicated. |