Front matter
Class Xi)- Book '/y43^ < g -
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GUIDE
Preface
The changes which have taken place within the last elve years in the statute laws of the State have been ry great, but perhaps in no respect have these .anges been greater than in the laws concerning the jowers and duties of town officers. These powers and duties are extensive and complicated, perplexing to the man of business, and not always easily understood by the professed lawyer. The " Town Officer'^ of chief justice Eichardson was a convenient and useful manual, and has rendered essential service to the State, by means of forms contained in it, ensuring correctness and preventing litigation. But the changes of the laws have now rendered a large proportion of these forms incorrect, and a new manual has become necessary.
The compiler has adopted the plan of dividing the book into titles, chapters and sections, and of placing an abstract of the contents of each chapter at its head. A great variety of forms have been prepared, sufficient, probably, for all practical purposes. To have provided a form adapted to every case, would have swelled the book to no good purpose. It was thought that refer-
IV PREFACE.
ences to those cases in which questions of law relating to the subjects contained in this book had been decided, might be useful^ and numerous extracts have been made accordingly, not only from the New-Hampshire Eeports, but from those of Massachusetts, Maine and Vermont, when applicable.
The Eevised Statutes are referred to by chapters and sections, thus: R, S., ch. — , sec. — . The word Ibid, refers to the next reference preceding. If the reference is to a chapter or section, and no more, it means that chapter of this book, or that section of the same chapter. The New-Hampshire Eeports are referred to by the volume and page ; as, for instance, 1 iV. jET. J?., 88 — meaning volume 1, page 38. Mass. R., Pick. R.y and Metcalf J?., refer to the Massachusetts, Pickering's and Metcalf 's Eeports ; these are all decisions by courts in Massachusetts. Maine R., Greenleaf R., Fairfield R., and Shepley jB., refer to Maine, Greenleaf's, Fairfield's and Shepley's Eeports ; these are all decisions by courts in Maine. Vermont R., refers to the Vermont Eeports.
The work is adapted to the Eevised Statutes, and contains all the more important provisions relating to the duties of town officers. It is not intended, however, to supersede the necessity of the Eevised Statutes for town officers, for every such officer should own a copy of the laws under which he lives and acts. As they have not yet been published, or any decisions under them been made, the compiler may, in some instances, have given them a wrong construction, or some
PREFACE. V
of the refercDces may not now apply. He has endeavored, however, to avoid this, and to err, if at all, on the safe side, by advising, in cases of doubt, the oflS.cer to take that course which seemed safest ; to require him to do more than was necessary, rather than to do less.
The object of the compiler has been merely to furnish a GUIDE to point out to the inexperienced officer his general pathway. He must not expect that it will explain every difficulty and answer every question. General rules only can be given, and their application must be left to the good sense of the offcer. If the work is accurate, clear and methodical, it will fully repay the care and labor of
The Compiler.
Nashville, March 13, 1843.
1*
ADVERTISEMENT TO THE SECOND EDITION.
Of the eminent talents, tlie great learning, and untiring industry of Mr. Fox, it is unnecessary to speak. Few men of his age have been so generally known or so highly esteemed in our community. While confined to his house by his last illness, with that habitual diligence which even disease could not overcome, he had carefully examined the recent statutes and decisions of the courts connected with the subject of the Town Officer, and had sketched the plan of the additions to be made in a new edition. His lamented death left the work unfinished, but the editor has had little to do except to carry out his plan.
Several statutes, passed when the work was nearly through the press, have beea necessarily placed in an appendix.
S. D. B.
August, 1847.
ADVERTISEMENT TO THE FOURTH EDITION.
In preparing a new edition of the " Town Officer/' it has not been deemed advisable to change the general form and arrangement of the work, but simply to add the provisions of the statutes passed since the publication of the last edition, which relate to the rights and duties of Towns and Town Officers, with references to the decisions of the Superior Court, and such other explanations as seemed necessary ; and to omit only those portions which, by changes in the laws, have become obsolete.
The abbreviations 0. /S., ch. — , sec. — , refer to the chapters and sections of the Compiled Statutes.
Manchester, January, 1859.
ANALYSIS OF CONTENTS.
PRELIMINARY CHAPTER.
OF THE CONSTEUCTION OP STATUTES. 1
TITL.E I.
OP TOWNS AND TOWN OPPICEES.
Chapter Chapter
Chapter Chapter
Chapter 4
Chapter Chapter Chapter Chapter
Pagk.
1. Of the powers and duties of towns. 3 1,A. Of the establishment of public libraries. 10
3. Of the government and powers of town-meetings. 21
Of the choice and duties of town
officers, and of filling vacancies. 24
5. Of the oaths of town officers. 34
7. Of proprietary records. 43
8. Of actions by and against towns. 45
TITI.E II.
OP THE ELECTION OP STATE AND COUNTY OPPICEES.
Chapter 9. Of the rights and qualifications of
voters. 48
Chapter 10. Of the manner of conducting elections. 56
Chapter 11. Of the election of governor, councillors and senators. 64
ANALYSIS OF CONTENTS.
IX
Chapter 12.
Chapter 13.
Chapter 14.
Chapter 15.
Chapter 16.
Chapter 16,a.
Of the election of representatives in congress.
Of the election of electors of president and vice-president.
Of the election of county officers.
Of the election of representatives to the general court.
General provisions concerning elections.
Form of records of town-meeting.
Of contested elections.
69 71
TITLE III.
OF THE ASSESSMENT AND COLLECTION OF TAXES.
Chapter 17. Of persons and property liable to taxation.
Chapter 18. Where and to whom persons and property shall be taxed.
Chapter 19. Of the annual invoice of polls and taxable property.
Chapter 20. Of the appraisal of taxable property.
Chapter 21. Of the assessment of taxes.
Form of invoice and note on the method of making taxes.
Chapter 22. Of the abatement of taxes.
Chapter 23. Of the collection of taxes of residents.
Chapter 24. Of the collection of taxes of non-residents.
Chapter 25. Of the state and county tax, and the surplus revenue, and return of inventories.
Chapter 26. General provisions concerning the
assessment and collection of taxes. 142
Chapter 27. Of extents. 148
108 110
116 120
X ANALYSIS OF CONTENTS.
TITI.E IV.
OF HIGHWAYS AND BEIDGES.
Chapter 28. Of the powers of selectmen in relation to laying out highways. 154
Chapter 29. Proceedings of the court of common pleas and road commissioners. 169
Chapter 29,b. Powers of road commissioners to apportion expense in certain cases. 172
Chapter 80. Of the payment of damages and
costs. 174
Chapter 31. Of the discontinuance of highways. 176
Chapter 32. Of repairing highways in towns. 178
Chapter 38. Of making and repairing highway s
not in any town. 188
Chapter 34. Of the liability of towns for not making and repairing highways, and for damages. 190
Chapter 85. Of injuries to, and incumbrances and encroachments on highwaj^s, and the rights of the public and land-owners therein. 196
Chapter 36. Of bridges, railroads, guide-boards,
and the law of the road, 203.
OF SCHOOLS.
Chapter 37. Of the creation, division and powers of school districts. 209 Chapter 38. Of the meetings and officers of
school districts. 224
Chapter 39. Of school houses. 239
Chapter 40. Of school taxes and school monej^ 250 Chapter 41. Of the regulation, instruction and
Chapter 41,b. Of high schools. 265
Chapter 41,0. Of truant children and absentees
from school. 275
ANALYSIS OF CONTENTS.
XI
Chapter 42. Of schools in the town of Portsmouth. 277
Chapter 42,b. Of commissioners of common
schools and teachers' institutes. 280
TITLE VI.
OF PAUPEES AND THE PEEVENTION OP PAUPEEISM.
Chapter 43. Of the settlement of paupers. 284
Chapter 44. Of the support and disposal of
paupers. 298
Chapter 45. Of paupers not chargeable to any
town or person in the State. 315
Chapter 46. Of the maintenance of bastards. 320 Chapter 47. Of the guardianship of spendthrifts
and insane person. 331
Chapter 48. Of the duty of selectmen relative to
TITLE VII,
OF THE PEESEEYATIOJSr OF PEACE, HEALTH AND GOOD OEDEE IN TOWNS.
Chapter 49 Chapter 49,b Chapter 49,c.
Chapter 50.
Chapter 51.
Chapter 52.
Chapter Chapter Chapter Chapter
53. 54. 55. 56.
Of fires and firewards. 348
Of engineers. 358
Of village precincts and hook and
ladder companies.
Of police regulations.
Of houses of correction and the punishment of idle and disorderly persons.
Of police officers^ constahles and
watchmen.
Of spirituous liquors.
Of Sunday and religious meetings. 381 Of the safe-keeping of gun-powder. 384 Of nuisances and contagious diseases. 387
360 363
Xll
ANALYSIS OP CONTENTS.
Chapter 57. Of shows and exhibitions. 393
Chapter 58. General provisions relating to this
title. 394
TITL,E Till.
EEGULATIOITS CONCEENING PEOPEETY.
Chapter 59. Of mills and their repairs. 401
Chapter 60. Of fences and fence-viewers. 408
Chapter 61. Of common fields. 425
Chapter 62. Of pounds and impounding animals. 427
Chapter 63. Of floating timber. 440
Chapter 64. Of strays and lost goods. 444
TITLE IX.
DUTIES OP TOWN OPPICEES IN SPECIAL
CASES.
Chapter 65. Of the drawing of jurors. 449
Chapter 66. Of the militia. 456
Chapter 67. Of surveyors, weighers and measurers. 461 Chapter 67,b. Of transient tradesmen and peddlers. 466 Chapter 68. Of wild animals, dogs and sheep. 467 Chapter 69. Special duties of town-clerks. 471 Chapter 70. Of liability for damages done by
mobs. 479
TOWN OFFICER-
PHELIMINARY CHAPTER
OF THE CONSTRUCTION OF STATUTES.
1 . Construction of number.
2. Construction of gender.
3. Construction of town.
4. Construction of inhabitant.
5. Construction of annual meet-
ing.
6. Construction of month and
year.
7. Construction of person.
8. Construction of land or real estate.
9. Construction of written, or in writing.
10. Authority of public officers to be exercised by a majority.
11. Construction of selectmen.
12. Construction of court, officer, &c.
13. Computation of time.
1. Every word^ importing either the singular or plural number, may extend and be applied to one, or more than one person or thing. B. S, ch. 1, sec. 1 ; G. S. ch. ly sec. 1.
2. Every word importing the masculine gender, may extend and be applied to females. B. S. ch. 1, sec. 2 ; a S. ch. 1, sec. 2.
3. The word town may be construed to extend and be applied to any place incorporated, or the inhabitants of which are required to pay any tax, and may mean that town in which the subject matter is situate, or in which the persons referred to are resident. B. S. ch. 1, sec. 4 ; C. S. ch. 1, sec. 4.
4. The word inhabitant may be construed to mean a
2 OF THE CONSTRUCTION OF STATUTES.
resident^ or person dwelling and having his home. Ibid.j sec. 5.
5. The words, annual meeting , when applied to towns, may be construed to mean the annual meeting required by law to be holden in the month of March. Ibid,, sec. 6.
6. The words, month and year, shall be construed to mean a calendar month or year, unless otherwise expressed ; and the word year shall be equivalent to the expression, " Year of our Lord.'^ Ibid., sec. 7.
7. The word person may extend and be applied to bodies politic and corporate, as well as to individuals. Ibid.j sec. 8.
8. The words land, lands, or real estate, shall be construed to include lands, tenements and hereditaments, and all rights thereto and interests therein. Ibid., sec. 17.
9. The words written, or in writing, may include printing, excepting when the written signature of a person is required. Ibid., sec. 19.
10. All words purporting to give a joint authority to three or more public oflS-cers, shall be construed as giving such authority to a majority of them, unless otherwise expressly declared. Ibid., sec. 13.
11. The word "selectmen" may be construed to mean the selectmen of the town to which the subject matter to be acted on belongs, or in which it is situate. Ibid., ch. 1, sec. 23.
12. When any court, officer or board is named by their official title, such designation shall be construed to apply to the court, officer or board of the county, town or district within and for which they are qualified to act in such capacity. Ibid., sec. 24.
13. When time is to be reckoned from any day, date, act done, or the time of any act done, either by force of law or by virtue of any contract hereafter made, Buch day, date, or the day when such act is done, shall not be included in such computation. Ibid., sec, 25.
TITLE L
OF TOWIfS AND TOWN OFFICEES.
Chapter 1. Of the powers and duties of towns. Chapter 1,a. Of the establishment of public libraries. Chapter 2. Of warning town meetings. Chapter 3. Of the government and powers of town
meetings.
Chapter 4. Of the choice and duties of town officers,
and of filling vacancies.
5. Of the oaths of town officers.
7. Of proprietary records.
8. Of actions by and against towns.
Chapter Chapter Chapter Chapter
Chapter 1. Of The Powers And Duties Of Towns
1. Towns are bodies corporate.
2. Parishes declared to be towns.
3. Towns may hold property and
make contracts.
4. Towns may raise taxes.
5. Ministerial tax, when raised.
6. Towns may make by-laws.
7. By-laws respecting cattle. 7ja. By-laws respecting fires and
removing combustibles.
8. By-laws valid till annulled.
9. Subjects acted on to be stated.
10. Unincorporated places.
1 1 . Legislature may alter towns.
12. Property, how divided.
13. If no division, how vested.
14. Conveyance by towns.
15. No power to tax, unless given
by statute.
16. Power to release a debt.
4 OF THE POWERS AND
17. What act of legislature illegal.
18. Article ia warrant, when suf-
ficient.
19. Notice of petition affecting
23. Other powers of towns.
24. Power to rescind contract.
25. Entitled to statutes and reports.
rights of town, to he given, j 2b, a. Power to sell town meeting-
20. Vote of tax, when sufficient. | houses.
21. Same subject. i 25,6. Proceeds of sale, how divid-
22. " Necessary charges,'' what. \ ed. 22,a. Town charges, what.
1. The inhabitants of every town in this State are a body corporate and politic, and by their corporate name may sue and be sued, prosecute and defend, in any court, or elsewhere. H. 8. ch, 31, sec. 1 ; C. S. ch. 32, sec. 1.
2. All places incorporated by the name of parishes, with town privileges, are declared to be towns, and entitled to the privileges, vested with all the powers, and subject to all the liabilities of towns. H. S. ch. 31, sec. 2; a S.ch. S2,sec. 2.
3. Towns may purchase and hold real and personal estate for the public uses of the inhabitants, and may sell and convey the same ; and may make any contracts which may be necessary and convenient for the transaction of the public business of the town. E. S. ch. Bl.sec.Sj a S. ch. 32, sec. 3.
4. Towns may, at any legal meeting, grant and vote such sums of money as they shall judge necessary, for the support of schools , for school-houses ; for the maintenance of the poor; for laying out and repairing highways ; for building and repairing bridges ; for the repair of meeting-houses owned by the town, so far as to render them useful for town purposes ; and for all the necessary charges arising within the town. H. S. ch. 31, sec. 4:', a S. ch. S2, sec. 4.
5. Towns may vote such sums of money as may be necessary to fulfill any existing contract made between the town and any settled minister before the first day of July, 1819 : provided, no person shall be taxed for the purpose of fulfilling such contract, who shall have filed with the town-clerk, before the assessment of such tax, a certificate, declaring himself not to be of the re-
DUTIES OF TOWNS. D
ligioiis persuasion or opinion of such minister. B. S. ch. 31^ sec. 5 ; C. S. ch. 32, sec. 5.
6. Every town may make rules and by-laws for managing and ordering the prudential affairs of such town, and may annex penalties thereto, not exceeding four dollars for one offence, and enuring to such uses as they may direct. B. S. ch. 31, sec. 6 ; 0. S. ch. 32, sec. 6.
7. Any to^Yn may make by-laws to prevent horses, mules, asses, neat cattle, sheep and swine from going at large in any street, highway or common, or in any public place in the town, at any time of the year therein provided, on penalty that the owner shall forfeit a sum not exceeding four dollars for any breach thereof H. S. ch. 31, sec. 7 ; C. S. ch. 32, sec. 7.
7, a. Each town may, at any town meeting legally called for that purpose, make and establish such rules and regulations respecting the kindling, guarding and safe keeping of fires, and for the removing all combustible materials from any building or place, as the safety of the property in such town may require } and may appoint, in such manner as may be prescribed in such regulations, all such officers as may be necessary to carry such regulations into effect, and may affix penalties, not exceeding ten dollars for any one offence, to be recovered in such manner and appropriated to such uses as the town may direct. Zaws 1845, ch. 242; C. S, ch. 32, sec. 8.
8. By-laws adopted by any town shall continue in force until altered or annulled by the vote of the town, or by law. R. S. ch. 31, sec. 8; C. S. ch. 32, sec. 9.
9. The subject matter of all business to be acted upon in any town meeting shall be distinctly stated in the w^arrant therefor ; and nothing done at any meeting shall be valid unless the subject thereof was so stated. B. S. ch. 32, sec. 2; C. S. ch. 34, sec. 2.
10. All places unincorporated, which shall be required to pay any public tax, are invested with the powers of towns relating to the choice of moderator and clerk, of selectmen, assessors and collectors ; and all the provisions of the laws applicable to towns and town officers, are extended to such unincorporated
O OF THE POWERS AND
places and their officers^ so far as they relate to meetings for the choice of such oflScers^ and to their election, powers^ duties and liabilities^ and so far as they relate to public highways, the assessment and collection of public taxes, and the perambulation of the li'nes of such places. B. 8. ch. 38, sec. 1 ; G. S. ch. 40, sec. 1.
An unincorporated place cannot by its own acts only place itself in such a position as to entitle itself to the rights and privileges, or subject itself to the liabilities of towns. 12 iY. H. B. 409.
No evidence tends to prove an act of incorporation, unless some act of the government be shown, recognizing the place as a town, or its right to act as such. 12 N. H. B. 412.
Evidence that the inhabitants of a place have exercised the rights and performed the duties of a town, and that the place has been recognized as such, may be submitted to a jury, on which to find that the place has been incorporated. 12 N. H. B. 412.
Evidence that a place has for fifty years exercised all the privileges of a town, is proper to be submitted to the jury from which to infer that the place has been incorporated, although no charter can be found. 15 N. B. B. 201.
But evidence that the place has been classed for the choice of a representative, is not competent for that purpose, as unincorporated places are usually classed for the choice of a representative. 12 N. H. B. 412.
11. The legislature may enlarge or curtail the powers of towns, or divide their territory and make new towns, whenever the convenience of the public requires it. 3 N. H. B. 532.
12. Upon such division the property and burdens may be apportioned between the towns as equity demands. 8 N. H. B. 320 ; SN.H. B. 532.
13. Upon such division the old corporation retains all the property, rights and privileges, and remains subject to all its obligations and duties, unless some new provision is made by the act authorizing the separation. 4 Mass. B. 384, 539 ; 2 W.II. B. 21; 8 ditto 320.
14. Any public or private corporation, authorized to
DUTIES OF TOWNS. 7
hold real estate, may convey the same by an agent appointed by vote for that purpose. B. S. ch, 130, sec. 2 ; (7. S. ch. 136, sec. 2.
14,a. Towns cannot pass the title to real estate owned by the town, by a vote merely ; the conveyance should be by an agent or agents, duly appointed by the town at some meeting for that purpose. 5 N. H. R. 461.
15. Towns derive all their powers to raise money by taxation from the statute. A vote to raise money for a purpose not authorized by statute, is illegal and void. 3 N. JBL. R. 598 ; 14 Maine R. 375.
16. Towns may release a debt as well as contract one, by a vote of the majority 3 8 Greenl. R. 334; 3 N, H. R. 499 ) and the town, or the selectmen thereof, may remit any penalty or forfeiture belonging to such town. R. S. ch. 211, sec. 11; C. S. ch. 224, sec. 11.
17. The legislature has not a constitutional right to impose a tax on the lands in a particular town or unincorporated place, for any purpose ; the law should extend to all towns and places. 4 N, S. R, 572.
18. An article in the warrant for town meeting, ^^To see what sum of money the town will vote to raise for the support of schools, of the poor, repairing bridges and highways, for the payment of the just debts of the town, and for other legal purposes,^' states with sufficient precision the subject matter to be acted on under it. 7 JSr. H. R. 113.
19. When a petition to be presented to the legislature aifects the rights of any town, a copy of it should be given to the town-clerk and one selectman, thirty days at least before the annual meeting in March. R. S. ch. 2, sec. 2 ; C. S. ch. 2, sec. 2. But this is merely directory, as the legislature may waive it, if they see fit.
20. It is not necessary that towns^in their votes raising money for the annual expenditures authorized by law, should in all cases raise a specific sum for each object. A vote to raise a certain sum ^^for the expenditures of the current year, being the subject matter of the eighth article in the warrant, excepting for highways and bridges,'^ is a legal vote. 7 iV. S. R. 114.
8 OP THE POWERS AND
21. It is the more prudent course, however, to raise a specific sum for each particular object, and to make the record accordingly.
22. What may be considered ^^ the necessary charges arising within the town^^ is somewhat difficult to determine. If a power, however, is given to, or a duty imposed upon a town by law, the means required to execute the power, or fulfill the duty, would be "necessary charges.'' These include the usual town expenses, payments to soldiers, expenses of hospitals, and vaccination to prevent the spread of the small-pox, the erection and maintenance of guide-boards, the cost of actions by and against the town, the erection of a town house, poor house and house of correction, the expense of providing pounds, standard weights and measures, and record books, and all expenditures for objects authorized by any statute, or necessary to carry the object of such statute into effect.
" The authority of a town to raise money by taxation is limited to a very few objects.'' 4 N, H. B. 500. These objects are defined by statute, or arise necessarily therefrom ; otherwise the tax is illegal. Thus a vote to pay a toll-bridge company $400 per annum, for the right of all the inhabitants of the town to pass the bridge free of toll, however advantageous, was held in Maine to be illegal. 3 Greenleaf B. 191. So a vote to repair a meeting-house " for religious and town use," is illegal, — 8 Greenleaf B. 400; or to build a house to rent, — ihid. ; or to build a jail, — 10 Vt. B. 506; see, also J chapter 26 ; or a place of amusement, or a monument. 13 Mass. R. 279.
The right of towns to sell lots reserved by the proprietors of townships for the ministry, or for schools, has never been called in question. 2 N. H. B. 508.
The incorporation of a part of a town into a new town does not vest the title in the new town to lands reserved for the ministry, situate in its limits. 2 N. H. JS. 20; 8 iV: jff. i?. 133.
Towns may apply the income of a fund derived from the sale of a lot reserved for the ministry, at their
DUTIES OF TOWNS. 9
pleasure, and a minority incorporated as a religious society are not entitled to a part of it. 2 N. H. R. 508.
Such income maybe granted to one or more religious societies, though towns cannot raise money for the support of the ministry. 8 iV". JS. B. 133.
Towns have a right to remove a meeting-house owned by them^ from one place to another, though the pews may be owned by individuals. 4 N. S. M. 180.
A town is authorized to indemnify its officers against a liability which they may incur in the bond fide discharge of their duties, although it should turn out that they have exceeded their legal rights and authority. 12 N. H. R. 278; 18 Rich ^.566.
22,a. A vote of a town to raise money to defray town charges, authorizes the raising of a tax ; because the word charges, used in the statute, means the sums which the town is legally liable to pay. 1 Fast. R. 401.
Since the statute of June 28th, 1827, taxes for the support of the ministry must be voted, assessed and collected with the same formality and strictness as those assessed for other specific purposes. The vote of a town to raise money to defray town charges will not authorize the assessment of a tax to be appropriated for the support of the ministry. 1 Fost. R. 319.
23. The other powers and duties of towns will be found under their appropriate titles, or under the title of the officer who is to attend to the execution of the law.
24. A town has no power to rescind a contract once legally made, any more than an individual has. 7 N. H. R. 255.
A town in its corporate capacity will not be bound, even by the express vote of the majority, to the performance of contracts or other legal duties not coming within the scope of the objects and purposes for which they are incorporated. 1 3Iet R. 284, 286 ; 11 PicL R. 396 ; 13 Mass. R, 272 ; 16 Mass. R. 48.
25. Each town is entitled to a copy of the Eevised Statutes and Laws of each session, — R. S. ch. 3, see. 3 ; the Journals of the House and Senate, — R. S. ch. 3, sec. 8 ; the Laws of the United States, — R. S. ch. 3, sec. 5 ;
2*
10 OF THE ESTABLISHMENT OP PUBLIC LIBRARIES.
and the New-Hampshire Eeports, — E. S. ch, 11, sec, 5; G. S, ch. S, sees. 3, 5 and 8, and ch. 11, sec. 5.
25,a. Whenever any meeting-house in this State, built by any town or corporation, shall have ceased to be used and occupied as a place of public worship, it shall be lawful for such town or corporation to sell the same at public auction, and to appoint a committee to make such sale and execute a conveyance to the purchaser thereof. Public notice of such sale shall be given by posting up notices thereof, on the door of the meeting-house to be sold, and at two or more public places in the town where such house is situated, at least fifteen days previous to the day of sale.
-25,6. The proceeds of such sale shall be equally divided among the proprietors, owners and pew-holders of such meeting-house, according to the value of their respective interests therein ; which interests shall be determined by the county commissioners of the county in which such house is situated. Laws, 1858, ch. 2107.
CHAPTER 1,A.
OF THE ESTABLISHMENT OF PUBLIC LIBRARIES.
Towns or cities may raise money to establish public libraries.
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