TITLE IV. CHAPTER 16. contain, &c. SEC. 35. The ballot shall be a paper ticket, with the names of the persons for whom the elector intends to vote written or printed, or Ballots, what to partly written and partly printed thereon; and shall designate the office to which each person so named is intended by him to be chosen; but no ballot shall contain a greater number of names as designated to any office, than there are persons to be chosen at such election to fill such office, and each ballot shall be so folded as to conceal the contents, and shall be delivered to one of the inspectors. Designation of persons to fill va cancy. Challenges. Authority to pre SEC. 36. If at any election, there shall be one or more vacancies to be supplied, in the office of justice of the peace, school inspectors or commissioners of highways, and at the same election, any such officer is to be elected for the full term, it shall be necessary to designate on the ballot the person or persons voted for to supply such vacancy or vacancies. SEC. 37. If any person offering to vote at such election, or upon any question arising at such township meeting, shall be challenged as unqualified by any inspector, or any elector entitled to vote at such meeting, the inspectors shall proceed thereupon in the manner prescribed in chapter five, in case of a challenge at the general election; and no person whose vote shall have been received upon such challenge, shall be again challenged upon any other question, arising at the same township meeting. SEC. 38. The inspectors, or officer presiding, shall have the same serve order, &c. authority to preserve order, to enforce obedience, and to commit for disorderly conduct, as is possessed by the board of inspectors at a general election. Officers to be elected after close of polls. Questions upon motions, how determined. Canvass of votes tion of result. SEC. 39. Immediately after the close of the polls, there shall be elected the other officers to be elected by the meeting, in such manner as the meeting shall direct. SEC. 40. All questions upon motions made at township meetings, shall be determined by a majority of the electors voting; and the officer presiding at such meeting shall ascertain and declare the result of the votes upon each question. Canvass of Votes. SEC. 41. The votes given by ballot shall be publicly canvassed by and determina the inspectors, at the place where the meeting was held, and the result shall be read by the clerk to the persons there assembled; and such reading shall be sufficient notice to all persons elected at that election to any office, whose names are on the poll list as voters. Ballots to be counted and compared with poll list. Statement of result, &c. Statement of determination to be certified and recorded. SEC. 42. Before the ballots are opened, they shall be counted and compared with the poll list, and the like proceedings shall be had, as to ballots folded together, and as to differences in number, as are prescribed in chapter five. SEC. 43. The canvass being completed, and the result ascertained, the inspectors shall draw up a statement in writing, setting forth, in words at full length, the whole number of votes given for each office, the names of the persons for whom such votes for each office were given, and the number of votes so given to each person, which statement shall be certified under the hands of the inspectors to be correct. SEC. 44. The inspectors shall also certify upon such statement, their determination of the persons elected to the respective offices, including as well those elected without ballot, as those elected by ballot; which statement and certificate of determination shall be left with the township clerk, and recorded in his office. TITLE IV. CHAPTER 16. SEC. 45. The persons having received the greatest number of votes given for any office at such election, shall be deemed and declared duly elected; and if two or more persons shall have received an equal Who to be deemnumber of votes for the same office, the inspectors of election shall ed elected; when determine the choice by lot, and shall declare and certify the same ac- termined by lot. cordingly. Township Officers. SEC. 46. All officers, except justices of the peace, required to be elected at township meetings by ballot, shall, before entering upon the duties of their offices, and within ten days after notice of their election, respectively take and subscribe the oath of office prescribed by the twelfth article of the constitution, before the township clerk, or some other officer authorized to administer oaths, and file the same with the township clerk, who shall record the same: and such oath shall be administered without reward, and certified by the officer before whom the same was taken, with the date of taking the same. choice to be de Oath of office. Sec. 47. Within two days after the election of any officers at a town- Clerks, when to ship meeting, the clerk shall transmit to each person elected to any notify persons township office, and whose name shall not have been entered on the elected. poll list at such election as a voter, a notice of his election; and each overseer of highways and pound master elected at such meeting, shall, within ten days after notice of his election, file with the said clerk a notice in writing, of his acceptance, and in default thereof he shall be deemed to have refused to serve. SEC. 48. The persons so elected justices of the peace, shall enter upon the duties of their offices respectively, as follows: 1. Those elected for the full term of four years, on the fourth day of July next succeeding their election: 2. Those elected to fill vacancies, and those elected at the first township meeting in any new township, immediately upon the filing of their oath of office and security with the county clerk, as required by law. When justices to enter upon their duties. SEC. 49. When a new township shall be organized, if there be one Justices residing or more justices of the peace residing therein, they shall be deemed in new townships justices thereof, and shall hold their offices according to their respec tive classes; and only so many justices shall be chosen as shall be ne cessary to complete the number of four for such township. SEC 50. Within six days after the election of justices of the peace Classification of in such new township, the supervisor shall give notice in writing to the justices. justices elected, and to the township clerk, of the time and place when and where he will meet them, to determine by lot the classes of [such justices; which notice shall be served at least six, and not more 1836, p. 20, § 6. than twelve days, previous to the time appointed therein for such meeting. Mode of classify SEC. 51. At the time and place so appointed, the supervisor and township clerk shall cause to be written on separate pieces of paper, ing. as near alike as may be, the numbers one, two, three, four, or such, and so many of such numbers as shall correspond with the classes which shall be vacant, and shall cause them to be rolled up as nearly alike as may be, and deposited in a box; and the persons elected justices shall severally draw one of the said pieces of paper, and shall be classed according to the number written on the paper so drawn by him, and shall hold his office for such number of years, either one, two, three or four, as shall correspond with such number so drawn. 1:36, p. 21, § 7. CHAPTER 16. TITLE IV. SEC. 52. If any person elected a justice shall neglect to attend such drawing, the supervisor shall draw for him; but if the supervisor be absent from his township, or unable to serve, or his office be vacant, the township clerk shall give the notice and perform the duties herein enjoined on such supervisor. When supervisor to draw for ab sent justices. 1836. p 21, § 8. Certificates of classification to be made and recorded. Classification in to fill vacancies. SEC. 53. Duplicate certificates of such drawing, and of the result thereof, shall be made and certified by the supervisor and township clerk, or such one of them as shall attend the same, one of which shall be filed with the township clerk, and the other with the county clerk, and shall be recorded by said clerks in the books in which the canvasses of votes shall have been recorded, and shall be conclusive evidence of the classes to which the justices so elected belong. SEC. 54. In case more than one existing vacancy in the office of case of election justices of the peace shall be supplied by election at any township meeting, the classes of the persons elected to fill the same shall be determined by lot, within the time, and in the manner prescribed for classifying justices elected in new townships. Penalty on officers for neg lect to qualify, How resignations made. When office to SEC. 55. If any person elected to any township office, except that of justice of the peace, of whom an oath of office is required, who is not exempted by law from holding the office to which he is elected, shall not, within ten days after notice of his election, take and subscribe the oath of office required by law, and cause the same to be filed with the township clerk, or if any such officer of whom a bond or security shall be required, shall not file such bond or security within the time above limited for filing his said oath, he shall forfeit and pay the sum of ten dollars; and if any person elected to the office of overseer of highways or pound master, and not exempted by law from holding such office, shall refuse to serve, he shall forfeit and the like sum. Resignations, Vacancies and Supplying Vacancies. pay SEC. 56. Resignations of all officers elected at township meetings, shall be in writing, signed by the officer resigning, and addressed to the township board, and shall be delivered to and filed by the township clerk; and when a justice of the peace resigns, such clerk shall immediately transmit a copy of such resignation, certified by him, to the county clerk. SEC. 57. Every township office, including the office of justice of the become vacant. peace, shall become vacant, upon the happening of either of the events specified in chapter fifteen, as creating a vacancy. Temporary appointments in certain cases to be made by township board. 1843, p. 20. When township treasurer to be appointed by board. SEC. 58. Whenever there shall be a vacancy, or when the incumbent shall, from any cause, be unable to perform the duties of his of fice, in either of the township offices, except that of justice of the peace and township treasurer, the township board may make temporary appointments of suitable persons to discharge the duties of such offices respectively; and such persons, so appointed, shall take the oath of office, or file the notice of acceptance required by law, and shall continue to discharge such duties until the office is filled by election, or until the disability aforesaid be removed. SEC. 59. In case the treasurer of any township shall refuse to serve, or shall vacate his office before completing the duties thereof, or be disabled from completing the same, by reason of sickness or any other cause, the township board shall forthwith appoint a treasurer for the remainder of the term, who shall give like security, and be subject to TITLE IV. CHAPTER 16. like duties and responsibilities, and have the same powers and compensation as the treasurer in whose place he was appointed, and the township clerk shall immediately give notice thereof to the county 1841, p. 73, § 40. treasurer: but such appointment shall not exonerate the former treasurer or his sureties from any liability incurred by him or them. Supervisor. nalties. SEC. 60. The supervisor of each township shall prosecute, in the supervisor to name of the people of this state, or otherwise, as may be necessary, prosecute for pefor all penalties and forfeitures incurred within his township, and for which no other officer is specially directed to prosecute. SEC. 61. He shall, by virtue of his office, be an assessor of his township. To be an asses sor. 1843, p. 64, § 12 &c., and give SEC. 62. The supervisor shall preserve and keep all books, assess- Supervisor to ment rolls and other papers belonging to his office, and shall deliver preserve books, the same on demand to his successor in office; and on application of copies. any person, he shall give certified copies of any such papers, or abstracts from any assessment roll or books in his office; and for making any such copies or abstracts, he shall be entitled to receive from the person applying therefor, six cents for each folio; but no such 1843, p. 70. SEC. 63. The supervisor of each township shall attend the annual To attend meetmeeting of the board of supervisors of the county, and every ad- ings of board of journed or special meeting of such board of which he shall have no tice. supervisors. SEC. 64. Each supervisor shall lay before the board of supervisors To lay before such copies of entries concerning moneys voted to be raised in his board, entries township, as shall be delivered to him by the township clerk. Township Clerk. concerning moneys to be raised. to keep records, &c., of township. SEC. 65. The township clerk of each township shall have the cus- Township clerk tody of all the records, books and papers of the township, when no other provision is made by law; and shall duly file and safely keep all certificates of oaths, and other papers required by law to be filed in his office, and record such as are required to be recorded therein. SEC. 66. He shall transcribe, in the book of records of his town- Minutes of township, the minutes of the proceedings of every township meeting held ship meeting. therein, and he shall enter in such book, every order or direction, and all rules and regulations made by any such township meeting. names of con election of justi ces. SEC. 67. The township clerks, immediately after the qualifying of To return to any constables, chosen or appointed in their respective townships, county clerk shall return to the clerks of their respective counties, the names of stables. such constables. SEC. 68. Each township clerk shall, immediately after the election To give notice of of any justices of the peace in his township, transmit a written notice thereof to the county clerk, stating therein the names of the persons so elected, and the terms for which they were respectively elected; and if one or more of them has been elected to fill a vacancy, he shall state in such notice who was the last incumbent of the office. SEC. 69. Each township clerk shall, immediately on entering upon To appoint a the duties of his office, appoint a deputy, who shall take an oath of deputy office and file the same with the clerk; and in case of the absence, sickness, death, or other disability of the clerk, such deputy shall per of deputy. Duties TITLE IV. CHAPTER 16. Who shall con board. form the duties of such clerk, and receive the same compensation as the clerk would have been entitled to receive therefor. Township Board. SEC. 70. The supervisor, the two justices of the peace whose term stitute township of office will soonest expire, and township clerk, shall constitute the township board, any three of whom shall constitute a quorum for the transaction of business. When quorum not present, one of remaining jus tices to act. Annual meeting of township board for audi SEC. 71. When from any cause there shall not be three of the officers constituting such board, competent or able to act, one of the remaining justices, on being notified by any member of said board, shall meet with any members of the board, and shall have the same authority as the other members of the board. SEC. 72. The township board shall meet annually on the Tuesday next preceding the annual township meeting to be held in such townting accounts, &c. ship, for the purpose of auditing and settling all claims against the township; and they shall state on each account the amount allowed by them; and the amounts allowed by them shall be paid by the treasurer, on the order of the board, signed by their clerk, and countersigned by the chairman of the board. Settlement with treasurer and other officers. Clerk of board. All accounts to be filed, and pro SEC. 73. The said board shall, at their annual meeting in each year, examine and audit the accounts of the township treasurer, for all moneys received and disbursed by him as such treasurer; and they shall also audit and settle the accounts of all other township officers, who are authorised by law to receive or disburse any public moneys by virtue of their offices. SEC. 74. The township clerk shall be the clerk of such board, and shall keep a true record of all their proceedings in his office. SEC. 75. All the accounts audited by such board, shall be filed and duced at annual preserved by such clerk, for the inspection of any of the inhabitants of the township, and shall be produced at the next annual township meeting, and there read by him, if the same shall be required by the meeting. meeting. Duties of treasur er. Treasurer. SEC. 76. The township treasurer shall receive and take charge of all moneys belonging to the township, or which are by law required to be paid into the township treasury, including all moneys that may accrue to his township on account of non-resident highway taxes, and shall pay over and account for the same, according to the order of 1841, p. 159, § 4. such township, or the officers thereof duly authorized in that behalf; and shall perform all such other duties as shall be required of him by law. Bond of treasur er. SEC. 77. Each township treasurer, within the time limited for filing his oath of office, and before he shall enter upon the duties of his office, shall give bond to the township in such sum, and with such sureties, as the supervisor shall require and approve, conditioned for the faithful discharge of the duties of his office, and that he will faithfully and truly account for and pay over according to law, all moneys which shall come into his hands, as such treasurer; and the supervisor shall endorse his approval thereon, and file the same in his office. SEC. 78. Each township treasurer shall keep a just and true ackeep account of count of the receipts and expenditures of all moneys which shall come into his hands by virtue of his office, in a book to be provided Treasurer to receipts and ex penditures. |