Actions, etc., by or against towns. ings to try controver between SECTION 1. Whenever any controversy or cause of action shall Proceedexist between any towns of this State, or between any town and an sies individual or corporation, such proceedings shall be had, either at towns, etc law, or in equity, for the purpose of trying and finally settling such controversy, and the same shall be conducted in like manner, and the judgment or decree therein shall have the like effect, as in other suits or proceedings of a similar kind, between individuals and corporations. [8 B., 625; 1 D., 510.] to sue. on super § 2. In all such suits and proceedings, the town shall sue or be Town, how sued by its name, except where town officers shall be authorized by law to sue in their name of office, for the benefit of the town. § 3. In all legal proceedings against towns by name, the first pro- Process to cess, and all other proceedings requiring to be served, shall be served visor. on the supervisor of the town; and whenever any such suit or proceeding shall be commenced, it shall be the duty of the supervisor to attend to the defence thereof, and to lay before the electors of the town, at the first town-meeting, a full statement of such suit or proceeding, for their direction in regard to the defence thereof. ants, when Actions in town may favor of a be brought before a § 4. On the trial of every action in which a town shall be a party Inhabitor be interested, the electors and inhabitants of such town shall be competent witnesses and jurors. competent witnesses and jurors, except that in suits and proceedings by and against towns, no inhabitant of either town shall be a juror. § 5. Any action in favor of a town, which, if brought by an invidual, could be prosecuted before a justice of the peace, may be prosecuted by such town, in like manner, before any such justice; but no action to recover a penalty given to a town, shall be brought before any of the justices of the peace residing in the town, for the benefit of which the same is prosecnted; but all such actions may be brought before any one of the justices of the peace residing in any other town in the same county. [6 H., 59.] justice. for penal § 6. Whenever any action shall be brought to recover a penalty, Actions imposed for any trespass committed on the lands of a town, if it shall ties for appear, on the trial thereof, that the actual amount of injury to such on town trespass lands. Costs. Judgments, when a town charge. town lands, in consequence of such trespass, exceeded the sum of twelve dollars and fifty cents, then the amount of the actual damage, with costs of suit, shall be recovered iu such action, instead of any penalty for the same trespass, imposed by the town-meeting; and such recovery shall be a bar to every other suit for the same trespass. § 8. In all suits or proceedings prosecuted by or against towns, or by or against town officers in their name of office, costs shall be recoverable as in the like cases between individuals. Judgments recovered against a town, or against town officers in actions prosecuted by or against them in their name of office, shall be a town charge, and when levied and collected, shall be paid to the person to whom the same shall have been adjudged. [The preceding sections 1-6 and 8 are 1 R. S., 356, 357, §§ 1-6 and 8 (1 Edm.,329); 6 H.. 463. See § 1926-1931, ante, pages 307–309; and §§ 2991 and 2992, page 61, ante.] In what name to act. Controversies with Actions, etc., by or against counties. § 3. All acts and proceedings by or against a county in its corporate capacity shall be in the name of the board of supervisors of such county. [Part of 1 R. S., 364, § 3 (1 Edm., 337).] SECTION 1. Whenever any controversy or cause of action, shall Counties, exist between any of the counties of this State, or between any such like those between als, etc. individu- county and an individual or individuals, such proceedings shall be had, either at law or in equity, for the purpose of trying and finally settling such controversy, and the same shall be conducted in like manner, and the judgment or decree therein shall have the like effect, as in other suits or proceedings of a similar kind between individuals and corporations. Counties when to sue and be sued in name of board of supervisors. In proceedings against supervi [12 N. Y., 63; 2 S. S. C., 471; 26 W., 69; 14 B., 52.] S § 2. In all such suits and proceedings, the county shall sue or be sued in the name of the board of supervisors thereof; except where county officers shall be authorized by law to sue in their name of office, for the benefit of the county. [5 N. Y., 66; 19 How. P. R., 373; 21 How. P. R., 182.] § 3. In all legal proceedings against the board of supervisors, the first process, and all other proceedings requiring to be served, shall cess to be chairman or clerk. served on be served on the chairman or clerk of the board of supervisors; and sors, prowhenever any such suit or proceeding shall be commenced, it shall be the duty of such chairman or clerk, to lay before the board of supervisors, at their next meeting, a full statement of such suit or proceeding, for their direction in regard to the defence thereof. county is § 4. On the trial of every action in which a county shall be inter- Where ested, the electors and inhabitants of such county shall be competent interested, witnesses and jurors. § 5. Any action in favor of a county, which if brought by an individual, could be prosecuted before a justice of the peace, may be prosecuted by such county, in like manner before any such justice. inhabitants competent witnesses and jurors. may sue County before justice, when individual can. Costs re coverable individ uals. ments a 6. In all suits and proceedings prosecuted by or against counties, or by or against county officers, in their name of office, costs shall be between recoverable as in the like cases between individuals. Judgments Judgrecovered against counties, or against county officers, in actions prose- county cuted by or against them in their name of office, shall be county charges, and when levied and collected, shall be paid to the person to whom the same shall have been adjudged. [The preceding six sections are 1 R. S., 384, §§ 1-6 (1 Edm., 356).] 35. Where any county has been or shall be divided, any judgment that may have been recovered previous to such division, or after such division upon any proceedings instituted previous thereto, in the court of common pleas of such county, or before any justice of the peace thereof, may be collected by execution to be issued to the sheriff of the county where such judgment shall have been rendered, or to a constable thereof, as the case may require, who shall execute the same, in the same manner as if such division had not been made; and such judgments may be revived, and the like proceedings may be had thereon, as if such county had not been divided. [2 R. S., 556, § 35 (2 Edm., 577).] charge. Duties of justices of the peace at town meetings. Justices § 11 It shall be the duty of the justices of the peace of each to preside town, to attend every town-meeting held therein; and such of them Power to preserve order. Presiding officer if justice absent. as shall be present, shall preside at such meeting, and shall see that the same is orderly and regularly conducted. [36 B., 572.] § 12. The officers so presiding shall have the like authority to preserve order, or to enforce obedience, and to commit for disorderly conduct, as is possessed by the board of inspectors at a general election. [17 W., 523.] § 13. If there be no justice of the peace present at such meeting, then such person as shall be chosen for that purpose by the electors present, shall preside, and shall possess the like powers as the justices. [1 R. S., 342, §§ 11-13 (1 Edm., 315). The justice is entitled to two dollars a day for each day he serves the town, L, 1870, ch. 242, § 2 (7 Edm., 676).] If town neglect to choose, Proceedings by justices of the peace relative to vacancies in town offices, and to the resignation and removal of officers. § 31. If any town shall omit or neglect at its annual town meetjustices to ing to choose its proper town officers or any of them, it shall be law appoint. Appoint ment where filed, etc. Resigna tion of town officers. ful for any three justices of the peace of said town, by a warrant under their hands and seals, within five days after such town-meeting, to appoint such officer or officers, and the person or persons so appointed shall hold their respective offices until others are chosen or appointed in their places, and shall have the same powers and be subject to the same duties and penalties as if they had been duly chosen by the electors; but if the justices of the peace fail to so appoint, it shall be the duty of the town clerk, within thirty days thereafter, to call a special town-meeting for the purpose of electing such officer or officers. 32. The justices making such appointment, shall cause such warrant to be forthwith filed in the office of the town clerk, who shall forthwith give notice to the person appointed. § 33. Any three justices of the peace of a town may, for sufficient cause shown to them, accept the resignation of any town officer of their town; and whenever they shall accept any such resignation, they shall forthwith give notice thereof to the town clerk of the town. town supply vacancies. § 34. If any person chosen or appointed to the office of super- Special visor, assessor, commissioner of highways, or overseer of the poor, meeting to shall refuse to serve, or shall die or resign, or remove out of the town, or become incapable of serving before the next annual townmeeting after he shall have been chosen or appointed, the town clerk shall, within eight days after the happening of such vacancy, call a special town-meeting for the purpose of supplying the same. [2 H., 372; 18 W., 515.] justices to $35. If the electors shall not, within fifteen days after the hap- Id.; when pening of such vacancy, supply the same by an election at town- appoint. meeting, the same shall be supplied by the justices of the town, in the like manner and with the like effect as above provided. [18 W., 515.] vacancies. 36. Vacancies in all town offices, except the office of supervisor, Other assessor, commissioner of highways, overseer of the poor, collector, or overseer of highways, shall be supplied by the justices of the town, in the manner provided in the thirty-first section of this title. Vacancies in the office of collector shall be supplied in the manner prescribed in chapter thirteen, and vacancies in the office of overseer of highways, in the manner prescribed in chapter sixteen of this act. [18 W., 515; 8 How. Pr., 363. A vacancy in the office of collector, occasioned by death, resignation, removal, or refusal to serve, is filled by the supervisor and two justices of the town or ward, 1 R. S., 399, § 11 (1 Edm., 3:1); a vacancy in the office of overseer of highways is filled by the commissioners of highways, 1 R. S., 504, § 14 (1 Edm., 463). If a vacancy in those offices occurs by a failure to elect, it must be filled as prescribed in §§ 31 and 35, above.] justices of towns may act. § 37. Whenever a vacancy shall occur in any town office, which When justices of the peace are authorized to fill, and there shall be less adjoining than three justices residing in the town in which such vacancy shall occur, the justice or justices residing in such town may associate with themselves one or more justices of the peace from any adjoining town as may be necessary to make the number of three; and such three justices shall have the like power to fill such vacancy as if they were respectively justices of the town in which the vacancy occurred. [The preceding sections 31-37 are 1 R. S., 347, 348, §§ 31-37 (1 Edm., 320), as $$ 34 and 37 are amended by L. 1830, ch, 320, and § 31 by L. 1874, ch. 543.] |