The powers, duties and liabilities of towns and town officers in Massachusetts

Preface

In the present work the author has endeavored to select from the statutes of Massachusetts all the provisions which relate to the powers and duties of towns and of town officers in this Commonwealth. To these have been added, wherever they tended to make the meaning and intent of the statutes clearer, the latest decided cases from the reports of the Massachusetts Supreme Judicial Court, and a selection of appropriate forms and rules.

Although the form of the statutes has, in the main, been preserved, yet where they contained superfluous matter, or matter not relating to the subject of towns, and where this could be done without altering their meaning, abridgments have been made.

For convenience of reference, and because many statutes and parts of statutes have been grouped together under the same headings, the paragraphs in the book have been numbered consecutively, with proper references to denote the corresponding chapters and sections of the statutes referred to.

IV PREFACE.

It has been thought best to give the Election Act of 1893, and the Act of the same year relative to the duties of town officers, nearly in full so far as they relate to the subjects treated of in the book, as these Acts codify the previous legislation on those subjects.

It has been intended to make the index to the book so full and complete that the reader may readily find the provisions relating to any of the principal subjects referred to.

The author has availed himself freely of matter contained in Herrick's Town Officer, but all of the matter which has been made use of has been verified and thoroughly revised.

W. M. S.

Boston, August, 1893.

Table Of Contents

(the figures refer to the pages.)

Chapter I. General Powers And Duties Of Towns

PAGE

The Nature of a Town 1

Powers and Duties of Towns 2

(a) In General 2

(b) Town and City Libraries 17

(c) The Power of Towns to Manufacture Gas and Electricity . . 19

(d) Town Subscriptions to Railroads 28

(e) Municipal Indebtedness 30

Forests and Parks 38

Payment of State Aid 38

Abuse of Corporate Power by Towns 44

Inspection of Buildings 44

Chapter II. Elections And Town Meetings

General Provisions 46

Qualification and Registration of Voters 48

(a) Assessment of Poll Taxes and Lists of Persons Assessed . . 49

(b) Registrars of Voters 52

(c) Registration of Voters 55

(d) Voting Lists 62

Nomination of Candidates 65

VI TABLE OF CONTENTS.

PAGE

Preparations for Voting 71

(a) Voting Precincts . 71

(b) Election Officers 73

(c) Voting Places 77

(d) Election Apparatus and Blanks 78

(e) Preparation and Form of Ballots 80

(f) Information to Voters 84

(g) Delivery of Ballots 85

Conduct of Elections and Method of Voting 87

(a) Calling of Elections 87

(b) Conduct of Elections 88

(c) Manner of Voting 91

(d) Counting of Votes 95

(e) Certificates of Election 99

(f) Recounts of Votes 104

Officers to be Voted for at State Elections 106

Election of Town Officers 109

(a) Failures to Elect and Vacancies 120

(b) Ballots may be Provided at the Expense of the Town . . .124

Town Meetings 125

Chapter IV. Town Clerks And Their Duties

In General 138

Town Records 143

Registry and Returns of Births, Marriages and Deaths 145

Dogs 151

Lost Goods, Stray Beasts and Unclaimed Property . . . 153

TABLE OF CONTENTS. Vli

Chapter V. Selectmen, Their Powers And Duties

PAGE

In General 155

Certain Licenses Granted by Selectmen , . 163

(a) Innholders and Common Victuallers 163

(b) Intelligence Offices . , 165

(c) Junk, Old Metals and Second-hand Articles 165

(d) Pawnbrokers 166

(e) Stables 166

(f) Steam Engines, Furnaces, and Boilers 167

(g) Explosive Compounds 169

(h) Billiard Tables and Bowling Alleys 170

(i) Theatrical Exhibitions and Public Shows . . .- . . . . 171

(j) Fishing Associations 171

(k) Race-Grounds and Trotting -Parks 171

(1) Steamboats on Inland Waters , .... 171

(m) Skating Rinks and Picnic Groves 172

Duties of Selectmen with Regard to Railroads .... 172

(a) Fixing of the Route 172

(b) Examination of Condition of Road 173

(c) Railroad Police 1 74

Auctioneers, Hawkers and Pedlers 174

(a) Auctioneers 174

(b) Hawkers and Pedlers 175

Fires, Fire Departments and Fire Districts 176

(a) Extinguishment of Fires 176

(b) Forest Firewards 178

(c) Enginemen and Hosemen 179

(d) Fire Departments , 182

(e) Fire Districts 184

(f) Fire Inquests 188

Offences Against the Public Peace 190

The Suppression of Common Nuisances 190

Jurors 192

Dogs 196

Vlll TABLE OF CONTENTS.

Chapter VI. Assessors Of Taxes

PAGE

Assessment of Taxes 201

(a) Assessors 201

(b) Manner of Assessing Taxes ...; 202

(c) Notices and Lists 204

(d) Collector's List and Warrant 216

(e) Discount and Interest on Taxes 218

(f) Abatements 219

(g) Omitted Assessments 223

(h) Reassessment of Taxes 223

(i) Apportionment of Taxes on Real Estate Subsequently

Divided 224

(j) Additional Duties of Assessors 224

(k) Responsibility and Compensation of Assessors 227

Persons and Property Subject to Taxation, and where

Taxable 228

(a) Persons and Property Taxable 228

(b) Property and Persons Exempted from Taxation . . . , . 231

(c) Where Polls and Property shall be Assessed 236

(d) Taxation of Bank Shares 246

Chapter VII. Overseers Of The Poor

The Care and Support of Paupers 250

(a) Town Paupers 250

(b) State Paupers 263

(c) Lunatics 265

(d) Masters, Apprentices and Servants 266

The Settlement of Paupers 268

Workhouses and Almshouses 276

TABLE OF CONTENTS. IX

Chapter VIII. Surveyors Of Highways

PAGE

Highways and Town Ways 280

(a) Surveyors and Repairs 280

(b) Boundaries of Highways 286

(c) Guide-Posts 287

Laying out and Discontinuance of Ways 288

(a) Town and Private Ways 288

(b) Footways . 297

(c) Rights of Landowner when Possession is not Taken or Actual

Notice Given 297

(d) Dedication of Ways 297

(e) Ascertaining Location 298

(f) Erection of Monuments 298

(g) Taking of Earth and Gravel 299

Sewers, Drains and Sidewalks 299

(a) Sewers and Drains 299

(b) Sidewalks 303

(c) Apportionment of Sewer and Sidewalk Assessments . . . 304

Betterments 304

Street Railways 307

(a) Construction and Use of Tracks 307

(b) Operation of Road, Streets, etc 309

Telegraph Companies 310

Chapter IX. School Committees And Public Schools

(a) In General 312

(b) Superintendents oj Public Schools 322

(c) Schoolhouses 323

School Fund . . 324

School Registers and Returns . 326

Attendance of Children in the Schools 330

Truant Children and Absentees from School 333

TABLE OF CONTENTS.

Chapter X. Page

(a) Collection by Distress 340

(b) By Imprisonment 341

(c) By Suit or Distress 343

(d) By Sale or Taking of Real Estate 344

(e) Proceedings when Tax Title is Deemed Invalid 356

(f) Miscellaneous Provisions 357

■ CHAPTER XI.

Chapter XIII. Boards Of Health

(a) Town Boards 388

(b) Nuisances, Contagion, etc 389

(c) Vaccination 398

(d) Lying-in Hospitals 399

(e) Protection of Infants 400

(f) Quarantine 401

(g) Hospitals and Dangerous Diseases' 402

(h) Offensive Trades 406

(i) Pollution of Rivers and Sources of Water Supply .... 409

Diseased Cattle 413

Chapter XVIII. The Militia Law In Its Relation To Towns

(a) Persons Subject to Military Duty 448

(b) The Enrolment of Persons Subject to Military Duty ..... 450 (c^ Calling out and Organizing the Enrolled Militia for Active

Duty 450

(d) Armories 452

(e) Tours of Duty, Inspection and Drills 454

TABLE OF CASES.

(The figures refer to the pages. )

Adams v. Mills

Braintree Water Supply

Co. v.

Agawam v. Hampden

Braintree

Agawam Bank v. South Hadley

Bridgewater v. Plymouth

Alexander v. Pitts

Briggs v. Murdock

Alger v. Pool

Brockton v. Uxbridge

272, 273

Allen v. Gardner

Bulkely v. Williamstown

Alter v. Dodge

Butler v. Hubbard

Anthony v. Anthony

Byron v. Crippen

Attleborough v. Mansfield

Attorney-General v. Crocker

, 130

Carr v. Berkeley Carver u. Taunton

292 254

Baker v Alien

Cavanaugh v. Boston

Bank of Commerce v, New

Bed

Charlestown v. County Commisford sioners

Bank v. South Hadley v. Gardner

Barker v. Watertovvn

Chase v. Lowell

Barnard v Graves

, 340

Cheever v. Merritt

Barnes v. Boardman

Cheshire v. Howland

Batchelder v. Salem

Chicopee v. Wbately

Bates v. Boston

Clark v. Easton

Bay State Brick Co. v. Foster 280, 284 v. Russell

Bean v. Hyde Park

Cleverly v. Fowle

Beard v. Boston

Coffin v. Field

Bellingham v. West Boylston

Colerain v. Bell

Bemis v. Aldermen of Boston

Benjamin v. Wheeler

Commonwealth v. Alden

390, 391

Blackstone v. County Commisv. Boston & Albany R.

sioners v. Brown

Blackstone Manufacturing Co. v.

v. Cambridge

Blackstone v. Cheney

Boston Loan Co. v. Boston v. Perry

XIV

TABLE OF CASES.

Commonwealth v. Wentworth

126,

Conners v. Loker

Connolly v. Beverly

Conway v. Russell

Coolidge v. Brookline

Copeland v. Huntington

Cummington v. Belchertown

Currier v. Esty

Dallinger v. Davis 344

Dartmouth v. County Commissioners 289, 292 Davis v. Barnstable 3 Day v. Otis 158 Dickenson v. N. H. & N. R. R. 295 ». Billings 228 Drury v. Natick 3 Dunn v. Framingham 5, 6 Dunnell Manufacturing Corporation v. Pawtucket 238 D wight v. Mayor, etc. of Boston 242

Eastman v. Allard 17

Fairbanks v. Fitchburg

Fall River v. Riley v. Taunton

Farnum v. Buffum

Farwell v. Hathaway

Felker v. Standard Yarn Co.

Firemen's Insurance Co. v. Com monwealth

Fisk v. Springfield

Flagg v. Worcester

Flax Pond Water Co. v. Lynn

Foley v. Haverhill

Folger v. Hinckley

Freeland v. Hastings

Fuller v, Groton 126

, 328 v. Melrose

George v Mendon

Gerry v. Stoneham

Gilkey v. Watertown

Gleason v. Boston

Goddard v. Petersham

Goff v. Rehoboth

Gray v. Street Commissioners

Greenfield v. Wilson

Griffin v. Rising

Gfoveland v. Medford

Hale v County Commissioners

Hall v. Commissioners

Hallowell v. Harwich

Hammond v. County Commissioners 289 Hancock v. Hazard 336, 379 Hardy v. Waltham 5 Harrington v. Worcester 345, 348 Hawks v. Charlemont 281 Hayden v. Foster 345 Hays v. Drake 120, 216, 335 Higginson v. Nahant 289, 291 Hill v. Boston 1, 3

v. Mowry 348

Hittinger v. Boston 241

v. Westford 241, 242

Hobart v. Plymouth 290

Hodgkins v. Rockport 312

Holbrook v. McBride 286, 418

Holcomb v. Moore 289

Holmes v. Greene 237

Holt v. Weld 350

Hood v. Lynn 5, 9 Howard v. Proctor 110, 335, 336, 341

v. Stevens 138

Huse v. Lowell 312

Hutchings v. Thompson 253

Ingram v. Cowles

229, 242

Ireland, Jr. v. Newburyport

Jeffries v. Swampscott

Jewell v. Abington

Johnson v. Wyman

Jones o. Andover v. Boston

Kean v. Stetson

289, 292

Kearns v. Cunniff

Keen v. Sheehan

Kennedy v. Owen

Kennison v. Beverly

Kingman v. Brockton

Kirkland v. Whateley

Knowles v. Boston

Lamson v. Newburyport 257

Lanesborough v. Berkshire County

Commissioners 206

Langdon v. Stewart 345

Lawrence v. Nahant 300

Leavitt v. Leavitt 382

Lee v. Lenox 270

v. Templeton 240

Leominster v. Conant 217, 300, 301 Lincoln v. Warren 290

Little v. Cambridge 245

Littlefield v. Boston & Albany

Lothrop v. Ide 341

Lowell v. County Commissioners 212, 220, 222, 229, 242 Lynde v. Brown 238

Lynn v. Nahant 1

TABLE OF CASES.

XV

Marden v. Boston 271

Market National Bank v. Belmont 345 Massachusetts Society, etc. v.

Boston 232

McGee v. Salem ■ 229

McKenna v. Kimball 312

Melcher v. Boston 230

Merrick v. Work 429

Monterey v. County Commissioners of Berkshire 289, 293 Moody v. Newhuryport 228 Moors v. Street Commissioners 206 Mount Auburn Cemetery v. Cambridge 233, 302 Mount Hermon Boys' School v.

Gill 232

Nealley u. Bradford

Needham v. New York & New

England R. R.

, 287

Neff v. Wellesley

,252

Newburyport v. County

Commissionere v. Creedon

Newell v. Hill

417,418

New Marlboro v. County Commissioners

Ninth School District in Weymouth v. Loud

Norcross v. Milford

Noyes, Jr. v. Haverhill

Oakham v. Sutton

O'Day v. Bowker

O'Keefe v. Northampton

Osborn v. Danvers

Otis v. Boston

Otis Company v. Ware

Packard v. Ryder

Parson t>, Pettingill

Parsons v. Northampton

Petersham v. Colerain

Pettingill v. Porter

Phelan v. Lawrence

Phelon v. Granville

Phillips o. Bristol

Pickard v. Howe

Porter v. County Commissioners

of Norfolk 221

v. Sullivan 1

Pratt v. Street Commissioners 230

v. Weymouth 282

Preston v. Boston 220

Prince v. Boston 44

v. Lynn 282

Provincetown v. Smith 402

Quincy v. Kennard 406

Quinn v. Lowell Electric Light Co. 168

Railroad v. Boston 295

v. Cambridge 235

v. Charlestown 241

v. Fall River 294

Rand v. Wilder 126

Randolph v. Easton 270

Reading v. Maiden 254

Reed v. Crapo 345

v. Lancaster 251

Reidell o. Congdon 267

Reynolds v. New Salem 125

Rich v. Packard National Bank 249

Richardson v. Boston 229

Ricker v. American Loan & Trust

Co. 243 v. Brooks 343 Rogers v. Newbury 257 Ruggles v. Inhabitants of Nantucket 177

Salem Lyceum v. Salem 232 Salem Marine Society v, Salem 235

Sanderson v. Lawrence 432

Sandwich v. Fish 336

Sanford v. Sanford 347 School District No. 10 in Ux-

bridge v. Mowry et al. 320

Sears v. Charlemont 418, 419

Seekonk v. Rehoboth 254

Sheffield v. Otis 272

Sherman v. Torrey 127

v. Braman 429 Sherwin v. Boston Five Cents

Savings Bank 353 Singer Manufacturing Co. v.

County Commissioners 241

Smith v. Cheshire 156

v. Colerain 250

v. Dedham 11

v. Peabody 250

Snow v. Clark 341

v. Fitchburg 301

Somerville v. Dickerman 305

Southworth v. Edmands 238

Spaulding v. Lowell 5

Spencer v. Leicester 269 xvi

TABLE OF CASES.

Spiller v. Woburn 332

Spring v. Hyde Park 403

Stevens v. Hay 379 St. James Educational Institute v.

Salem 232

Sullivan v. Wentworth 384

Swan's Case 193

Taunton v. Wareham

Taylor v. Plymouth

Templeton v. Winchendon

Thayer v. Arnold

Third Congregational Society v

Springfield Tobey v. Wareham Tobin v. Gillespie Todd v. Rowley Tovvnsend v. Billerica

v. Walcutt Train v. Boston Disinfecting Co.

Treadwell v. Boston Tremont Bank v. Boston Trowbridge v. Brookline Trustees of Greene Foundation v

Boston Turner v. Sisson Tush v. Adams Tyler v. Hardwick

Uxbridge v. Seekonk Vandine's Case

206, 270 177

Walker v. Southbridge Wall v. Wall

v. Gray 2,

Walpole v. Marblehead Waltham Bank v. Waltham Washburn v. White Watson v. Cambridge 312,

Wayland v. County Commissioners Webster v. Uxbridge Weld v. Brooks Wendell v. Fleming Westhampton v. Searle West Newbury v. Bradford West Roxbury v. Stoddard Wheeler v. Fitchburg White v. Foxborough

v. Godfrey

v. Phillipston Wild v. Skinner vWillard v. Newburyport Williston Seminary v. County Commissioners 231, 232,

Wilson v. Cambridge

v. Shearer Winnisimet Company v. Assessors,

etc.

Winthrop v. Farrar Woodbury v. Hamilton Wood v. Quincy

328 340