The Maine townsman

Preface To The Fourth Edition

The third edition of the Maine Townsman having been exhausted by the constant demand, we now have the pleasure of presenting to the public the fourth edition. It has been thoroughly revised, in accordance with the changes that have occured in the Statutes since the previous issue, and much new matter of importance added. Among the latter, we may refer to the chapters relative to insane persons, the education of youth, the illegal sale of intoxicating liquors, the rights of mechanics, and the rights of married women. <*

On page 266, we have given a form of " complaint of three voters that a certain person keeps liquors with intent to sell " in violation of the act of 1351, entitled " An Act for the suppression of drinking houses and tippling shops. " On account, however, of certain rulings by the late Judge of the District Court, since that form went to press, we have presented a new one which is deemed preferable, and which may be found in the Addendum, page 401.

This compilation is designed as an aid to business men, and particularly to officers of towns in the discharge of municipal duties. It includes statutes, references to judicial decisions, and forms, which will be found convenient and useful in the absence of professional assistance. These are presented as compendiously as practicable.

The probate forms appended to the work were prepared by a member of the Cumberland bar, who is thoroughly versed in the routine of the business, and are designed to facilitate parties in the course of administration and guardianship. They are arranged in the order in which they may be wanted for use, and a few brief notes of explanation or direction are appended, wherever they were deemed necessary. Applications to the courts of probate, as for letters of administration, power to sell real estate, assignment of dower, as well as all accounts of administration, returns of committees and commissioners, and other documents, are to be presented to the judges of probate before their orders or decrees are to be made upon them. These forms will enable the parties to prepare their own papers. Such only have been compiled as are commonly wanted in the transactions j v P K E F A C E .

of probate courts, and by persons interested in the making of wills, the settlement of estates, and the custody of the persons and property of minors and others incompetent to manage their own affairs. The papers which it is the duty of the courts to furnish are omitted.

The Miscellaneous Forms are inserted for the convenience of the business public, and will be found, in that respect, valuable additions to the work.

The chapters and sections of the Revised Statutes are referred to, thus : "R. S., c, §. The reports of judicial decisions are referred to by the volume tm&page. The Acts of the legislature, published since the revision of the code, are referred to by the word Act. The Constitution of the State is referred to by the abbreviation Const. The abbreviation ib. refers to the next preceding authority.

PUBLISHERS.

Chap. V. Moderator

Chip. VI. Oaths of town officers,

TITLE It.

ELECTIONS.

Chap.

Chap.

Chap.

Chap.

Chap.

Chap.

Chap.

Chap.

Chap.

Chap.

VII.

VIII.

IX.

X.

XI.

XII.

XIII.

XIV.

XV.

XVI.

Chap. XVII.

Chap. XVIII.

Chap. XIX.

Chap. XX.

Chap. XXI.

Chap. XXII.

Eights and qualification of voters, Lists of voters, Notifying meetings, Proceedings at elections, Election of Governor, Election of Senators, Election of representatives,

Election of representatives in classed districts, 43

Apportionment of representatives, 47 Election of representatives to congress, and

congressional districts, 51

Election of county officers, o4

Elections in cities, 5 7

Elections in plantations, o9

Returns of votes, 6 1 Election of electors of president and vice

president, 63

General provisions, 66

VI

CONTEXTS.

TITLE III.

Chap. XXIII.

Chap. XXIV,

Chap.

Chap.

Chap.

Chap.

Chap.

Chap.

Chap.

Chap.

XXV.

XXVI.

XXVII.

XXVIII.

XXIX.

XXX.

XXXI.

XXXII.

Chap. XXXIII.

Chap. XXXIV.

Chap. XXXV.

Chap. XXXVI.

Chap. XXXVII.

Persons and property liable to, and exempted

from taxation, 69

Where and to whom persons and property

shall be taxed, 74

Valuation and invoice, 77

Taxes in unincorporated places, 80

Appraisal of taxable property and tax table, 83 Assessors of town taxes, 85

Assessment of taxes in plantations, 9 1

Supplementary assessments and abatements, 92 Collector of taxes, 94

Distress and commitment for non-payment of

Unpaid taxes on real estate, 103

Act regulating collection of taxes passed 1844, 107 Executions and warrants of distress, 108

Town treasurer, when collector of taxes, 113

General provisions, 1 1G

TITLE IV.

HIGHWAYS AND BRIDGES.

Chap. XXXVIII.

Town ways and private ways, 118

Chap. XXXIX.

Power of county commissioners relating to town ways, 123

Chap. XL.

Liability of towns to repair highways, 127

Chap. XLI.

Obstructions in highways, 130

Chap. XLII.

Chap. XLIII.

Road commissioners, 140

Chap. XLIV.

Guide posts, 142

Chap. XLV.

Law of the road, 144

Chap. XLVI.

Railroads and steamboats, 146

Chap. XL VII.

Turnpikes, 148

Chap. XLVIII.

Perries, 149

Chap. XLIX.

Aqueducts, 150

Chap. L.

Drains and common sewers, 152

Chap. LI.

Acts respecting drains, passed in 1844 and in

TITLE V.

SCHOOLS, PARISHES, MEETING HOUSES, SCHOOL LANDS AND FUNDS.

Chap. LII. Duties of towns relative to school Districts, 158

Chap. LIII. Powers and obligations of school Districts, 162

CONTENTS.

Vll

Chap. LI V. Assessment and collection of monies raised by

school districts, 168

Chap. IiV. School districts formed from two towns, 171

Chap. LYI. Superintending school committees, 173

Chap. LYII. Powers and duties of school agents, 176

Chap. LYIII. Duties and qualifications of instructors, 177

Chap. LIX. Relating to schools in certain plantations, 178

Chap. LX. General provisions relating to education, 180

CHAr. LXI. Parishes, 183

Chap. LXII. Meeting houses, 187

Chap. LXIII. Ministerial and school lands and funds, 188

TITLE VI.

PAUPERS.

Chap. LXIY.

Settlement of paupers,

Chap. LXY.

Duty of towns relative to the poor,

Chap. LXYI.

Chap. LXYII.

Minors and apprentices,

Chap. LXYIII.

Duty of kindred to poor relatives*

Chap. LXIX.

Chap. LXX.

Bastards,

Chap. LXXI.

Insane persons,

Chap. LXXII.

Houses of correction,

Chap. LXXIII.

"VYork houses,

TITLE VII.

Chap.

Chap.

Chap.

Chap.

Chap.

Chap.

Chap.

Chap.

Ch

Ch.

Chap-.

Chap.

Chap.

Chap.

Chap.

Chap.

THE HEALTH, SAFETY AND GOOD ORDER OF TOWNS.

LXXIV. Contagious sickness, 232

LXXY. Health committee, 235

LXXYI. Quarantine regulations, 236

LXXYH. Hospitals, 238

LXXYHI. Engines and Engine men, 239

LXXIX. Firewards and Fires, 242

LXXX. Watch and ward. Disorder in streets, 246

LXXXI. Innholders and retailers, 250

XXII. Lord's day, 251

XXXIII. Gunpowder, 253

LXXXIY. Shows and exhibitions, 254

LXXXY. Gaming, 255

LXXXVI. Dogs, moose, deer, &c, 256

LXXXYH. Disinterment of dead bodies, 258

LXXXYin. Unwholesome provisions, 259

LXXXIX. Intoxicating liquors, 260 viii

C N T E N T S .

TITLE VIII.

REGULATIONS CONCERNING PROPERTY, AND LABOR.

Chap. XC.

Pounds and impounding beasts.

Chap. XCI.

Fences. Fence viewers. Common fields,

Chap. XCII.

Chap. XCIII.

Burying grounds,

CHAr. XCIV.

Auctioneers,

Chap. XCV.

Libraries,

Chap. XCVL

Hawkers and pedlers,

Chap. XCVII.

Property exempt from attachment, &c,

Chap. XCVIII.

Culture of silk,

Chap. XCIX.

Rights of married women,

Chap. C.

Rights of mechanics,

Chap. CI.

Children in factories.

TITLE IX.

DUTIES REQUIRED OP TOWN OFFICERS.

Chap. CIL

Jurors,

Chap. CIII.

Constables,

Chap. CIV.

Special duties of town clerks,

Chap. CV.

Births, deaths, Marriages,

Chap. CVL

Inspectors of leather,

Chap. CVII.

Inspectors of fish,

Chap. CVIII.

Surveyors of lumber, &c,

Chap. CIX.

Measurers of wood, &c,

Chap. CX.

Sealers of weights and measures,

Chap. CXI.

Fisheries,

Chap. CXII.

Weighers of beef,

Table of probate forms, Miscellaneous forms,

323 363

TITLE L

TOWNS AND TOWN MEETINGS.

Chapter I. Towns

9. 10.

11. 12. 13.

What is a town.

The word " town," how construed.

Towns are corporations.

Liability of towns for their assessors.

Towns may raise money.

What are " necessary charges. "

Towns 6hall not exceed their powers,

Towns may make By-laws.

Inhabitants may be witnesses.

Service of summons against towns ; service of writs against towns*

Warrants of distress against towns.

Towns liable for assessments.

Classification of representatives.

14. Towns not liable as trustees*

15. Towns may release a debt.

16. Limitation of representatives.

17. Divisions of towns;

18. Legislatures may make new towns.

19. Proceedings of towns to be constru-

ed liberally;

20. Illegal assessments.

21. When towns may hire money.

22. A new town may not accept the act

of incorporation.

23. Agents of towns.

24. Towns derive their power from the

Legislature.

25. Selectmen may employ counsel.

1. A town is an organized portion of the inhabitants of the State within defined limits of territory, within the same county.

2. ' The word "town" may be construed to include all cities and organized plantations, unless such construction would be repugnant to the provision of any act. R. S. c. 1 , § 3.

iO

3. The inhabitants of every town are declared to be a body corporate and politic, and, as such, may sue" or be sued, and appoint agents or attorneys. lb. c. 5, § 23.

4. The assessors of towns, plantations, parishes, and religious societies, shall not be made responsible for the assessment of any tax, which they are by law required to assess ; but the liability shall rest solely with said corporations ; and the assessors shall be responsible only for their own personal faithfulness and integrity. lb. c. 14, § 56. The same provisions are also applicable to the assessors of a town, who may be required to assess a tax upon any school district. — Act of Amendment, 1841.

5. The qualified voters of any town, at any legal town meeting, may grant and vote such sums, as may be necessary for the maintenance and the support of schools and the poor ; and for making and repairing high-ways, town-ways and bridges, purchasing and fencing burying-grounds, and other necessary charges arising in the same. E. S. c. 5, § 22.

6. The " necessary charges " arising within any town, include expenses in conducting its municipal business ; as the payment of town-officers ; the support or defence of actions in which towns are parties ; the erection and maintenance of guide-boards, the erection of town-houses, market-houses and work-houses; the maintenance of watch and ward ; equipment of poor soldiers, and the discharge of duties imposed on towns by the militia law ; the purchase of standard weights and measures ; the maintenance of pounds and public clocks ; the indemnification of owners of buildings destroyed to stop fire ; and all expenditures required by law. When the laws impose upon towns any duty, the means required for the discharge of that duty would be a "necessary charge,"

7. The act of any town transcending its corporate powers is illegal ; as a vote to repair a meeting-house, or build a jail.

8. Towns may make orders and by-laws for managing their prudential concerns, and annex penalties not exceeding five dollars for any one offense, provided they are approved by the county commissioners, and that the costs of prosecution for any breach thereof against any town shall be paid by such town. lb. c. 5, § 22.

9. In all suits at law, wherein any town may be a party, any inhabitant may be a competent witness, provided he has no other interest than as such inhabitant. lb. c. 115, § 75.

TOWNS, U

10. In suits against any town, the summons shall be served by leaving a copy thereof with the clerk, or one of the selectmen or assessors. lb. c. 114, § 42. And the writ shall be served thirty days before the sitting of the court to which it is returnable. lb. c. 114, § 44.

11. All executions or warrants of distress against any town shall be issued against the goods and chattels of the inhabitants thereof, and against the real estate therein situated, whether the same is owned by such town or not. lb. 117, § 42. The owner of estate, so sold, shall recover against such town the full value of the property so taken and sold, with interest, at the rate of twelve per cent., with costs. lb. 1 17, § 45. And any inhabitant or proprietor of lands may pay his proportion of such order or judgment, to be ascertained by an assessment thereof by the assessors of such town. lb. § 46. Such payment shall discharge his liability thereon. lb. § 47.

12. Towns and plantations shall be responsible for the assessment of any tax, which the assessors are, by law, required to assess. lb. c 14, § 56.

13. When any town or plantation, not entitled to elect a representative, shall determine against a classification, the legislature may, at each apportionment of representatives, on the application of such town or plantation, authorize it to elect a rep* resentative,for such portion of time, and at such periods,as shall be equal to its portion of representation. Const, art. 4, § 3.

14. A town is not liable to be summoned as a trustee. R. S. c. 119, § 8.

15. Towns may release a debt, as well as contract one, by a vote of majority. 8 Green. R. 334. But they have no right to give away money collected of the inhabitants by taxation. 14 Maine, 375.

16. Xo town shall be entitled to more than seven representatives in the State legislature. Const, art. 4, § 3.

17. Upon the division of any town, the old corporation shall retain all the property, rights and privileges, and remain subject to all its obligations and duties, unless the act for the same makes some new provision. 4 Mass. R. 352.

18. The legislature alone has a right to divide the territory of towns, and to make new towns.

19. A liberal construction should be made to support the proceedings of towns, when no one is injured thereby. 17 Maine R. 444.

20. Towns derive all their power to raise money for taxation by the statute, and a vote to raise money, not authorized by the statute, is illegal. 14 Maine R. 375.

21. The inhabitants of a town, against whom a warrant of distress has issued, may vote to raise money, either by loan or assessment, to satisfy the same. 20 Maine R. 178.

22. It is not necessary that a newly incorporated town should accept the act of incorporation. The rule applies only to private corporations. 21 Maine R. 58.

23. Towns cannot authorize their agents to do what they have no right to do. 2 Kent's Com. 292.

24. Towns derive all their powers, as well as existence, from the legislature. 5 Johns, R. 358.

25. Selectmen may employ counsel in behalf of the town, 14 Maine R. 20,

Chapter II. Town Boundaries And Perambulations

1. Town bounds preserved.

2. Perambulations.

3. Stone monuments erected.

4. Form of notice for perambulation.

5. Return of perambulation.

6. Supreme J. Court may settle lines.

7 Form of petition to Sup. J. Court.

8. Duty of Selectmen in new towns,

" upon division of towns.

9. Alteration of lines.

10. Record of Perambulation.

11. Right of selection.

1. The bounds of all townships shall remain as heretofore established, and the lines between towns shall be run once in every five years, except as in the following two sections. R. S. c. 5, § 24.

2. The selectmen of the most ancient town shall give ten days' notice, in writing, to the select men of the adjoining towns, of the time and place of meeting for perambulation ; and the select men who shall neglect their duty in notifying or attending in person, or by substitutes, shall forfeit and pay ten dollars, two-thirds for the use of the town which shall comply with their duty, and the other third to any one or more of the selectmen of the town complying, to be recovered within two years after the forfeiture is incurred ; and the proceedings of such selectmen, after every such renewal of boundaries, shall be recorded in their respective town books. lb. c. 5, §25.

3. All towns, whieh since the 22d day of March, 1828,

BOUNDARIES AND PERAMBULATIONS. J3

have perambulated, or shall hereafter perambulate their several lines, and have established, or shall establish and set up stone-monuments, at least two feet high, and at all the corners and the several angles, and where the line, shall cross high-ways, or on, or near the banks of all rivers, bays, lakes, or ponds, which said lines may cross, or which are the boundaries of said lines, shall be exempted from the duty of perambulating said lines, except once in every ten years, commencing in ten years from the time the stone monument has been erected. lb. c. 5, § 26.

4. The form of notice for perambulation is as follows :

The selectmen of the town of , to the selectmen of

the town of .

Gentlemen: — The subscribers, selectmen of , being selectmen of the most ancient of said towns, hereby give

you notice to meet at , on the day of , at

o'clock in the forenoon, for the purpose of perambulating and running the lines between said towns, and renewing the marks and bounds, according to the revised statutes of this State.

C. D. > Selectmen of -.

E.F.J

5. The return of perambulation is as follows :

Agreeably to notice given to the town of , by the

town of , to meet at , on the day of , A.

D. 18 — , for the purpose of perambulating and running the lines between the said towns, and renewing the marks and bounds ; we, the subscribers, select men of said towns, have met at the time and place, and for the purposes aforesaid, and do make the following return of our doings. (Here insert the return of doings.)

In witness whereof, we have hereunto, mutually, set our hands, this — — day of «r, A. D. 18—.

Selectmen of ■ Selectmen of

6. When a town shall petition the supreme judicial court, stating that a controversy exists between such town and an adjoining one, and praying, that the same may be run by commissioners, to be appointed by such court, the court may, after due notice being given to all parties concerned, appoint three commissioners, who shall, after giving notice to all persons interested of the time and place of meeting, ascertain and determine the line, or lines in dispute, and describe the same by courses and distances, and make, set, and mention in their return, suitable monuments and marks for the permanent establishment of such lines, and make duplicate returns of their proceedings, one of which shall be returned to the court, and the other to the office of the secretary of State ; and such line or lines, so established and accepted, shall be deemed in every court of law, and for every purpose, the true dividing line or lines between such towns. lb. c. 5, § 27.

7. The form of a petition to the supreme judicial court, for the appointment of commissioners is as follows :

To the honorable justices of the supreme judicial court,

to be holden at , in and for the county of , on the

day of , A. D. 18—.

Respectfully represent,

The subscribers, selectmen of the town of , in said

county, that, on the day of last past, pursuant to a notice previously given, they met the selectmen of the town of

,in said county, for the purpose of perambulating the

lines between said towns, and renewing the marks and bounds thereon, but that a controversy exists between said parties, in renewing and establishing the lines and bounds of said towns ; wherefore, your petitioners pray your honors, that the same may be run by commissioners to be appointed by your honors, and that your honors will appoint commissioners to run said lines, and to ascertain and determine the line or lines in dispute, and describe the same by courses and distances, and mention, in their return, suitable monuments or marks for the permanent establishment of such lines.

C. D. > Selectmen of .

E. F. j

8. It shall be the duty of the selectmen to perambulate

TOWN MEETINGS.

and mark the town-lines of towns incorporated since the year 1841. Also where there has been a division of any town since that time. Act, 1843.

9. As the power of altering the lines of towns rests wholly with the legislature, the selectmen can only decide where the true town line is.

10. The return of perambulation should be recorded in the records of each town ; and the town clerk should certify at the bottom, as follows : " a true record of the original.

Attest, A. B., Town Clerk"

11. Where one had erected a dwelling-house on land, and lived thereon for a long time, but less than twenty years, claiming it as his own, and of which he was the apparent owner, which adjoined land on the line of the town, of which he was the undisputed owner ; he is to be so far considered the owner as to have the right to make the election, to which of the towns the land should belong. 18 Maine, 113.

Chapter III. Town Meetings

1. Town meetings called by selectmen.

2. First town meeting, how called.

3. Ten or more voters may request an

article inserted in the warrant.

4. Warrant, what it shall contain.

5. Warrant, to whom directed.

6. Town meeting, how notified.

7. Return of the warrant.

8. Meetings to choose State officers.

9. Qualification of voters.

10. Adjournment of town meetings.

11. Town meetings, how proved.

12. Illegal voting.

• 13. Town meetings illegally called.

14. Town meetings, how regulated.

15. Form of an application to a justice

to call a meeting.

16. Form of a warrant of a justice.

18. Form of constable's return.

19. Constable may amend his return.

20. May certify on copy, if original lost,

1. Every town meeting, except as in the following two sections, shall be called by a warrant signed by the selectmen of such town. R. S. c. 5, § 1. The selectmen may call a town-meeting, whenever they think proper, without an application.

2. The first town-meeting held in any town shall be called and notified in the manner prescribed in the act incorporat-

IQ MAINE TOWNSMAN.

ing such town ; or, if no mode is therein prescribed, by any justice of the peace in the county ; or, when a town is destitute of officers, a meeting may be called on application to him for his warrant for the purpose, made in writing, by an}' three of the inhabitants thereof; but when, by reason of death, removal, or resignation of selectmen a major part shall not continue in office, a major part of those remaining in office shall have the same power to call a town-meeting as a majority of those chosen. lb. c. 5, § 2.

3. In case the selectmen shall unreasonably refuse to call a town-meeting, any ten or more legal voters in said town may apply to a justice of the peace in the same county, who is hereby authorized to issue his warrant, under his hand, for calling such meeting. And when ten or more of the qualified voters in town shall request in writing, that the selectmen should insert a particular matter or thing in a warrant for calling a town-meeting, they shall insert the same in the next warrant they shall issue for a meeting, or call a meeting for the express purpose of the consideration thereof. lb. c. 5, § 3.

4. In either case, the warrant shall specify the time and place at which the meeting is to be held ; and, in distinct articles, shall state the business to be acted upon at such meeting ; and no other business, matter, or thing, shall be there acted upon so as to have any binding effect or legal operation, lb. c. 5, § 4.

5. The warrant may be directed to any constable of the town, or any individual by name, directing him to warn and notify all persons, qualified by law to vote at such meeting, to assemble at the time and place appointed. lb. c. 5, § 5.

6. Such meeting shall be notified by the person to whom the warrant is directed by his posting up an attested copy of such warrant in some public and conspicuous place in said town seven days before the meeting, unless the town has appointed, or shall appoint, by vote, in legal meeting, a different mode, which any town is empowered to do. lb, c. 5, § 6.

7. In either case, the person who notifies the meeting shall make his return on the warrant, stating the manner of notice and the time it was given. lb. c. 5, § 7.

8. Town-meetings for the choice of governor, senators, and representatives, shall be on the second Monday of September annually. Const, art. 2, § 4.

TOWN MEETINGS. J 7

9. Every person who is qualified by the constitution to vote for governor, senators, and representatives, in the town or plantation in which he resides, shall be entitled to vote in the election of town or plantation officers. R. S. c. 5, § 8.

10. Any town-meeting, after it is organized may be adjourned from time to time, and to such place, within the same town, or may be dissolved, as a majority of voters shall determine. 13 Fairfield R. 466.

11. A town-meeting can only be proved by the records, unless they be lost or destroyed.

12. If any person should vote, not legally authorized, without being challenged, it would not vitiate the proceedings.

13. A town-meeting called under color of authority will be legal, unless exceptions are taken at the meeting.

14. The proceedings at town-meetings are regulated by the moderator, and by the selectmen when acting as such, who shall decide all questions of order.

15. The form of an application to a justice, when the selectmen unreasonably refuse to insert an article in their warrant, is as follows :

To A. B., Esquire, one of the justices of the peace for the county of .

The subscribers, being ten or more legal voters in the town

of , in said county, respectfully show, that on the «

day of last past, we made a request in writing, to the

selectmen of , to insert an article in their warrant for

calling a town-meeting, a copy of which is as follows, (here insert a copy of the article,) yet the selectmen have unreasonably refused to comply with said request ; wherefore, we request you to issue a warrant to call a meeting of the inhabitants of said town to act upon the article contained in said request. A. B., C. D., and nine others.

16. The form of a warrant upon said application.

To W. S., a constable of the town of , in the county

of •, greeting :

Whereas, application has been made to me, one of the justices of the peace for said county, by ten or more legal voters in said town, to call a meeting of the inhabitants of said town, to act upon the article, hereinafter mentioned ;

lg MAINE TOWNSMAN.

and whereas it has been made to appear to me, that the selectmen of said town, upon request in writing -duly made to them for that purpose, have unreasonably refused to insert an article in their warrant for a town meeting, issued next after said request to them ;

In the name of the State of Maine, you are hereby required to notify and warn all persons qualified by law to vote at such

meeting, to assemble at in said town, on the day

of next, at o'clock in the -noon, to act upon

the following subjects :

First, to choose a moderator to govern said meeting : Second, to see if the town will (here insert the article.) Fail not to make due service of this warrant, and to return your doings thereon, at the time and place of meeting.

Given under my hand, this day of A. D. 18 — .

A. B. Justice of the Peace.

17. If the selectmen have neglected to call a meeting, omit the words, " have unreasonably neglected to insert an article in their warrant for a town meeting, issued next after said request to them," and insert instead, " have unreasonably neglected to call a meeting to act upon said article."

18. The form of the constable's return on the back of any warrant :

, =■ — , A. D. 18 — . Pursuant to the within warrant to me directed, I have notified and warned the inhabitants of said town, qualified as therein expressed, to assemble at said time and place, and for the purposes therein named, by posting up an attested copy of said warrant, at

in said town, being a public and conspicuous place in

said town on the ; day of , being seven days before

the meeting.

W. S., Constable of

19. A constable still in office may amend his return on a warrant for calling a town meeting, by stating the time and manner of calling it. 17 Maine R. 444. So in any action where the proceedings of any town meeting heretofore held, may be in dispute, if the officer warning such meeting had

ANNUAL MEETINGS.

given legal notice, but omitted to make a full return thereof, the court must allow him to amend such return accordingly. Act. 1848.

20. When in such case the original warrant shall have been lost or destroyed, the officer may be allowed to make a certificate of his doings on a copy. lb.

Chapter IV. Annual Meetings

1. Alphabetical list of voters.

2. Sessions of select men to correct the