1813 C. 68, Sec. 2. If any person shall give in more than one vote* for any officer or officers, he shall pay a fine of one hundred dollars.

Sect. 13. Persons attempting to vote, knowing themselves to be not qualified forfeit not exceeding fifty dollars. Persons aiding or abetting, forfeit not exceeding thirty dollars.

1813 Č. 195. A moderator must not receive the vote of any person in the military service of the United States.

For further duty of a moderator, see selectmen, Head 7, and for County Treasurer and County Register, see town clerk, head 7 and 8.

TOWN CLERK.

OATH.

1785 C. 75, sec. 2.] YOU solemnly swear, that, as Town Clerk of the town of for the ensuing municipal year, you will truly record all votes passed at each and every town meeting during the year, and until another Clerk shall be chosen and sworn in your stead, and will faithfully discharge all the other "duties of your said office. So help you God.

HEADS.

1 Choice. 2 Town Meeting. 3 Elections of Governor and Lieutenant Governor. 4 Elections of Counsellors and Senators. 5 Elections of Representatives to the General Court. 6 Elections of Representatives to Congress. 7 Elections of County Treasurer. 8 Elections of County Register. 9 Jurors. 10 Pub

* Commonwealth vs. Silsbee. Mass, Reports vol. 9, page 417. It is a misdemeanor at common law for a citizen who is a legal voter at a town meeting, to give more than one vote for a munici pal officer, at one time of balloting.

12

lishment and Marriages. 11 Births and Deaths. Lost Goods and Stray Beasts. 13 Cattle Impounded. 14 Swine Impounded. 15 Guardians. 16 Constables. 17 State Tax. 18 Commissioners and Appraisers. 19 Pews. 20 Religious Certificates. 21 Quakers. 22 Fences. 23 Mischievous Dogs. 24 Subpoenas for Witnesses. 25 Act to prevent Cursing and Swearing. 26 Riot Act. 27 Licences for Tavern keepers, 27 Licences of Physicians.

1. Choice.

1785 C. 75, Sec. 2: 1811 C. 9, Sec. 2. He is chosen at the annual town meeting in March or April, by written ballots (except in Boston.)

2. Town Meeting.

1798 C. 33, Sec. 4. He shall cause the act to prevent profane cursing and swearing to be read at the opening of the annual town meeting-for neglect of this duty he forfeits ten dollars to be recovered by action of debt, one moiety to the person sueing for the same, and the other moiety to the use of the Commonwealth. For the act, see town clerk, head 25.

* 1800 C. 57, Sec. 4. All penalties and forfeitures given or limited by any act of this Commonwealth, in whole or in part to the use of the Commonwealth, may be recovered by indictment in any court proper to try the same.

* 1788 C. 12. Sec. 1. When there is no term limited by the statute for forfeitures, the action must be commenced within one year after the offence is committed, by any person that may lawfully pursue the same, or he will lose his proportion of the penalty; and in default of such pursuit, then the same shall be prosecuted for the Commonwealth as any time within two years, and if brought after the time limited, it shall be void and of none effect.

NOTE. 1793 C. 43, Sec. 4. All pecuniary fines or forfeitures made or that may be made recoverable, by bill, plaint or information, or by any other modes of prosecution, by any law of this Commonwealth, or for the recovery whereof no mode shall be prescribed, shall and may be sued for and recovered by action of debt, in any court proper to try the same, any law, custom or usage to the contrary notwithstanding. Provided always, that nothing in this act shall be construed to take away any remedy already provided in and by the act of this Commonwealth for any forfeiture declared thereby.

1786 C. 38, Sec. 4. He is to read the Riot Act, at the anniversary town meeting.

For the Act, see town clerk, head 26.

1811 C. 9, Sec. 2. During the election of the Moderator for any town meeting, the town clerk shall preside, and shall have all the powers and do all the duties which the moderator of a town meeting now by law has and does perform.

Mass. Reports, v. 9, page 262. Dodds vs. Henry. He is to receive and record the votes given in for a moderator.

1785 C. 75, Sec. 2. He is to record all votes passed, until another is chosen and sworn in his stead.

Mass. Reports, v. 11, page 477. John Wells and others vs. Battelle and others. He may amend a record made by him when in office under a former election, such amendment being consistent with the truth.

1785 C. 76, Sec. 2. The town clerk, or two of the selectmen, shall forthwith make out a list [see form 1.] of the names of all those who shall be chosen into office, of whom an oath is by law required, and deliver the same to some constable or constables of the same town, together with a warrant [see form 1.] to him or them directed, who is hereby required within three days after receiving such warrant, to notify and summon each of the said persons to appear before the town clerk within seven days* from the time of such notice, to take the oath by law prescribed to the office into which they are severally chosen; and every person who shall neglect to appear before the town clerk, within the said seven days, and take the oath of office unto which he is chosen and summoned as aforesaid, which oath the town clerk is hereby authorised to administer, (unless such person is by law exempted from serving in the office) shall forfeit and pay to him

* Mass, Reports, v. 10, Page 105. Peter Colman and others, against Mary Anderson. Town clerks have authority to swear town officers, as well after the expiration of seven days as within that time.

or them that will inform or prosecute therefor, the sum of thirty shillings, [To recover the penalty see Form 111.] except constables and such other officers, for whose neglect a different penalty [Assessors, Surveyors of highways, and Constables have a different penalty,] is provided, two thirds to the use of the town, and the other third to the use of the prosecutor. Provided always, that any person who shall take the oath of office before a Justice of the Peace, and file a certificate thereof with the town clerk, within the said ten days, shall be exempted from the said fine. See constables, head 2. The town clerk shall make a record of such persons as shall, from time to time, be sworn into office before him, or of such as shall file certificates of their being sworn as aforesaid.

Sec. 3. No person shall be obliged to serve in any town office two years successively.

General Duty.-The town clerk should, as soon as may be after town meeting, make out copies of all votes appointing Committees and deliver the same to the chairman, with the votes passed respecting their duty-Also all bills allowed by a vote of the town should be certified to the selectmen. He should also deliver to the selectmen and assessors, copies of all votes for raising money, and state the particular purposes for which every sum was raised. (For additional instruction see head of Form 159.)

3. Electrons of Governor and Lieutenant Governor. (for City, see Con. Amendments Art. 2.)

1806 C. 26, Sec. 1. It shall be the duty of the selectmen, and of the town or district clerks, within this Commonwealth, and of the assessors of Plantations* which are entitled by the Constitution to the privilege of voting for Governor and Lieutenant Governor, and for Senators and Counsellors, for their respective districts, to make and seal up a separate flist

*Mass. Reports, v. 3, page 502. The Constitution doth not authorize the inhabitants of unincorporated Plantations to give in their votes for Governor and Lieutenant Governor.

+ See Form 3:

of the persons voted for as Governor and Lieutenant Governor, in the several towns, districts, or plantations, and transmit the same to the secretary of the Commonwealth, or to the sheriffs of their respective counties, according to the provisions of the Constitution.

Constitution Chap. 2, Sec. 1, Art. 3. Electors are required to give in their votes to the selectmen who preside at such meetings, and the town clerk, in the presence and with the assistance of the selectmen, shall, in open town meeting, sort and count the votes, and form a list* of the persons voted for, with the number of votes for each person against his name; and shall make a fair record of the same in the town books, and a public declaration thereof in the said meeting; and shall in the presence of the inhabitants, seal up copies of the said list, attested by him and the select men, and transmit the same to the sheriff of the county, thirty days at least before the last Wednesday of May or the selectmen may cause returns of the same to be made to the office of the secretary of this Commonwealth, seventeen days at least before the said day. 1795 C. 55, Sec. 2. Penalty for neglect of duty, not more than $80 nor less than $40.

4. Election of Counsellors and Senators.

1806 C. 26, Sec. 2. It shall be the duty of the several selectmen, clerks and assessors aforesaid, to make and seal up a separate list [see Form 4.] of the persons voted for as Counsellors and Senators, in the several towns, districts and plantations, and transmit the same to the secretary of the Commonwealth, or to the sheriffs of their respective counties, according to the provisions of the Constitution.

Constitution, Chap. 1, Sec. 2. Electors are required to give in their votes to the selectmen who are to sort and count them in the presence of the town clerk.

The town clerk shall make a fair record, in presence of the selectmen, and in open town meeting, of

* See Form 3.