R. S. 14, § 105. 1859, 196. Register must reside where of R. S. 14, § 103. fice is kept. 1837, 186. 1855, 79. Deeds, where R. S. 14, § 114. reason of infirmity of body or mind is incapable of rightly discharging in person the duties of his office, the county commissioners, or in the county of Suffolk the superior court, shall upon reasonable notice remove him from office, and may order the books, papers, and other things belonging to the office, to be delivered to their clerk, or to a new register when appointed or elected. SECT. 89. Every register of deeds shall reside in the city or town where the office of his registry is required to be, and shall there keep all books, records, deeds, and papers, belonging to his office, and shall have such office open to the public every day except Sundays and public holidays. SECT. 90. Instruments required to be recorded in the registry of to be recorded. deeds, shall be recorded in the registry of the county or district where the estate lies, and in all things relating to the register or registry of deeds, each district therefor shall be deemed to be a county. R. S. 59, § 22. 1837, 186, §§ 1, 4. Special provis- lon respecting Register to SECT. 91. In the county of Barnstable, all records, deeds, and other instruments, made in pursuance of chapter one hundred and eight of the statutes of the year one thousand eight hundred and twenty-seven, and chapter forty of the statutes of the year one thousand eight hundred and twenty-eight, shall have the same effect as the original records of such deeds and instruments in the registry of said county would have had. SECT. 92. Every register of deeds shall keep a book, each page of which shall be divided into six columns, with titles or heads, in the following form: Deeds to be noted therein when received. R. S. 59, § 24. Manner of re ments, &c. 1844, 101. Date of reception. Grantors. Grantees. Town where the To whom delivered, Fees received. SECT. 93. He shall enter in said book all deeds and instruments left for record, and all copies left as cautions, in the order in which they are received; noting in the first column the day, hour, and minute, of recep tion, and the other particulars in the appropriate columns; and every instrument shall be considered as recorded at the time so noted. SECT. 94. Every register shall record in a fair and legible handcording instru- writing or in print, and in continuous successive lines, upon the pages of the record book, all instruments he is required to record; and shall note on the record, before attesting the same, all erasures and interlineations made therein. Certificate to be made on deed when recorded. R. S. 59, § 25. Form of index. 1845, 205, § 1. SECT. 95. He shall certify upon every instrument recorded by him, the time when it was received, the number of the book, and the page where it is recorded. SECT. 96. He shall keep two sets of indexes, each divided into five columns, with titles or heads in one set as follows: Entries to be made within twenty-four hours, &c. SECT. 97. He shall, within twenty-four hours after a deed or other instrument which he is by law required to record is left for record, cause the name of each and every grantor, grantee, or other party, thereto, to be entered at length and alphabetically in its appropriate index, and 1845, 205, § 2. shall also, within a reasonable time after the same is recorded, affix to such entry the number of the book and leaf or page where it is recorded. of name of SECT. 98. When the real estate of another person is sold or con- Provisions reveyed by a sheriff, coroner, constable, collector, or by any other authority specting entry given by law, except in the cases mentioned in the following section, grantor of estates conveyed the person who owned the estate and from whom it passes shall, for the by sheriffs, &c. purposes of the two preceding sections, be considered as the grantor, if 1845, 205, § 3. his name appears in the instrument; and if it does not so appear, the grantor shall be entered as unknown, under the letter U. partitions of land, how in dexed. 1856, 292, § 1. SECT. 99. When a deed or other conveyance by executors, adminis- Deeds of executrators, guardians, or persons acting under authority of an order of tors, &c., and court, or of a resolve of the legislature, is left for record, the register shall enter in the entry books and indexes of the grantors, the names of the testators, intestates, wards, and persons, whose estates are conveyed, when the same appear by such deeds, and also the names of such executors, administrators, guardians, or other persons. When a decree for the partition of land, or commissioner's return thereon, is so left for record, the register shall enter in the entry books and indexes of the grantors and grantees the names of all the persons whose estates plainly appear to be affected thereby. turns to secre SECT. 100. Every register of deeds shall annually on or before the Registers to fifteenth day of October, return to the secretary of the commonwealth make annual rea statement of the whole number of deeds and other instruments re- tary, of number of instruments corded by him during the year ending the last day of the preceding recorded, &c. month, the amount of fees received by him for recording deeds and Penalty. other instruments; the number of legal pages of records covered by the registry of said deeds and instruments; and the expenses of his office over and above what is paid by the county during the same time; and if a register omits or neglects to make such return, he shall forfeit fifty dollars. SECT. 101. The particulars required by the preceding section shall be given in the following tabular form: No. of deeds No. of other Amount of fees Amount received No. of legal Expenses of office above what is paid by county. recorded. instruments. received for for other instru deeds. ments. pages cov- SECT. 102. The secretary shall annually prepare and lay before the legislature an abstract of the returns made to him under the two eeding sections. pre 1836, 241, § 1. 1847, 282. 1857, 40. 1858, 46. Form of such returns. 1836, 241, § 2. Abstract to be islature. laid before leg 1836, 241, § 3. See Ch. 4, § 2. betically, &c. 1856, 292, § 2. 1857, 277. 1857, 38. SECT. 103. There shall be made within the first six months of each Copies of indexyear, or within such further time during the year as the commissioners es to be made annually, with or aldermen think proper, at the expense of the several counties, by surnames ascompetent persons employed by the county commissioners, or in the sorted alphacounty of Suffolk by the aldermen of Boston, copies of the indexes to the instruments recorded in their respective counties during the preceding year, in which the grantors and grantees shall respectively be assorted into distinct lists by their respective surnames, arranged in such lists in the order in which the deeds and other conveyances to which they refer are left for record, and such lists shall be placed in alphabetical order. The commissioners and aldermen may cause the Christian names of the grantors and grantees, as well as their surnames, to be arranged in alphabetical order in such lists, when in their opinion references to the records will be facilitated thereby. Such copies shall in other respects be in the form required for the indexes to the records. SECT. 104. When they deem it expedient they may cause copies of the indexes, or new indexes, to the records existing in the registries of Copies of inindexes, may be dexes, or new ed for sale, &c. made and print- deeds in their respective counties, or of any part thereof, to be made by 1856, 292, §§ 3, 4. some competent person at the charge of their respective counties, upon such plan, and in such manner, as will in their judgment best facilitate references to the records; and may cause the copies of indexes, or new indexes, to be printed at the charge of their respective counties, for sale at a price not less than the cost of printing, paper, and binding. . TITLE VII. OF TOWNS AND CITIES. CHAPTER 18. — Of the Powers of Towns, and the Election, Qualification, and Duties, of Town Officers. CHAPTER 19.-Of certain Powers and Duties of Cities. CHAPTER 20.-Of the Census. CHAPTER 21. — Of the Registry and Return of Births, Marriages, and Deaths. CHAPTER 23.-Of Watch and Ward. CHAPTER 24.-Of Fires and Fire Departments. CHAPTER 25. Of Fences and Fence Viewers, Pounds, and Field Drivers. CHAPTER 18. OF THE POWERS OF TOWNS, AND THE ELECTION, QUALIFICATION, AND POWERS AND DUTIES OF TOWNS. SECTION 1. Towns, to be bodies corporate as hereto- 2. Bounds of towns. SECTION MEETINGS. 19. Qualifications of voters in town affairs. 3. Perambulations and renewal of boundaries, 21. Warrants shall issue for all meetingsevery five years. may include two or more meetings. 22. Contents of the warrant, &c. 23. If selectmen refuse, meeting may be called by a justice of the peace. 24. If major part of selectmen die, resign, &c., the rest may call meetings. 46. &c. may serve certain demands and notices. shall execute warrants of selectmen. may serve warrants, in certain cases, in may serve process in unincorporated places, annexed. COLLECTORS OF TAXES. administer oaths, and make record of 71. Constables to be collectors of taxes when, their administration. &c. to give bond. 73. Town may give collector certain powers of SURVEYORS OF HIGHWAYS. 74. Penalty for refusing to serve as surveyor 75. Penalty on surveyors for neglect of duty, DISTRICTS. 77. Districts to have the powers of towns 78. Provisions for the district of Marshpee. ABUSE OF CORPORATE POWERS. 79. Towns, how restrained from illegal appro- FINES AND FORFEITURES. 80. Fines and forfeitures. POWERS AND DUTIES OF TOWNS. SECTION 1. Towns shall continue to be bodies corporate with all the Towns to be powers heretofore exercised by them, and subject to all the duties to which they have heretofore been subject. bodies corpo- Town lines. Perambulation R. S. 15, § 2. SECT. 2. The boundary lines of towns shall remain as now established. SECT. 3. There shall be a perambulation of town lines, and they shall be run and the marks renewed, once in every five years, by two or more of the selectmen of each town, or such substitutes as they in writing appoint for that purpose. After every such renewal the proceedings shall be recorded in the records of the respective towns. SECT. 4. Previously to a perambulation, the selectmen of the most ancient of the contiguous towns shall give ten days' notice, in writing, towns. to the selectmen of the adjoining town, of the time and place of meet- penalty for ing for such perambulation; and selectmen who neglect to give such R. 8. 15, § 3. notice or to attend either personally or by their substitutes, shall sever- 1839, 135. ally forfeit twenty dollars, to be recovered on complaint to the use of notice of to adjoining neglect. Monuments except, &c. R. S. 15, § 4. the commonwealth, or by action of tort to the use of the town whose selectmen perform their duty. SECT. 5. The selectmen of the contiguous towns shall erect at the to be erected, joint and equal expense of such towns, permanent monuments to designate their respective boundary lines at every angle thereof, except where such lines are bounded by the ocean or some permanent stream of water. The monuments shall be of stone, well set in and at least four feet high from the surface of the ground; and the initial letter of the respective names of such contiguous towns shall be plainly and legibly cut thereon; but it shall not be necessary to erect a new monument in a place where a permanent stone monument two feet in height above the surface of the ground already exists. Perambulations of towns adjoin ing other states. R. S. 15, § 6. Penalty for neglect. SECT. 6. The selectmen of towns bordering on another state, where the lines between the states are settled and established, shall once in every five years give notice to the selectmen or other proper municipal officers of such towns in the other state as adjoin their towns, of their intention to perambulate the lines between their adjoining towns. Where such state lines are in dispute, the perambulations shall be made once in every five years after the lines are settled and established. If such notice and proposal are accepted by the officers to whom they are made, a perambulation shall be made in the same manner as between towns in this state. No boundary erected by authority of this state and an adjoining state, shall be removed by such selectmen or other municipal officers. SECT. 7. A selectman who refuses or neglects to perform any duty R. S. 15, §§ 4, 5, required of him by the three preceding sections, shall forfeit twenty dollars to the use of the commonwealth. 6, 7. Towns may sue SECT. 8. Towns may in their corporate capacity sue and be sued by and be sued, &c. the name of the town, and may appoint all necessary agents and attorneys in that behalf. R. S. 15, § 10. 1 Met. 473. may hold property, make contracts, &c. R. S. 15, § 11. 3 Mass. 360. SECT. 9. They may hold real estate for the public use of the inhabitants, and may convey the same, either by a vote of the inhabitants or by a deed of their committee or agent; may hold personal estate for the public use of the inhabitants, and alienate and dispose of the same by 2 Pick. 351, 352. vote or otherwise; may hold real and personal estate in trust for the 12 Mass. 417. may grant money. R. S. 15, §§ 12, 16; 23, §9; 24, support of schools and for the promotion of education within the limits of the town; may make contracts necessary and convenient for the exercise of their corporate powers; and may make orders for the disposal or use of their corporate property as they may judge necessary or expedient for the interest of the inhabitants. SECT. 10. They may, at legal meetings, grant and vote such sums as 55 70, 78; 25, $58, they judge necessary for the following purposes: 1838, 38. 1854, 429. 13 Mass. 272. 6 Pick. 101. 12 Pick. 227. 19 Pick. 485. 21 Pick. 64. 23 Pick. 71. 3 Met. 163. 10 Met. 508. 3 Cush. 530. 10 Cush. 252. 4 Gray, 502. may make bypenalties. R. S. 15, § 13. For the support of town schools; For the relief, support, maintenance, and employment, of the poor; For encouraging the destruction of noxious animals; SECT. 11. They may make such necessary orders and by-laws, not laws, and affix repugnant to the laws of the state, for directing and managing the pru dential affairs, preserving the peace and good order, and maintaining the internal police thereof, as they may judge most conducive to the welfare of the town; and may affix penalties for breaches of such orders and by-laws not exceeding twenty dollars for one offence. 1847, 166. 3 Pick. 462. 1 Met. 130. 1 Cush. 494. 2 Cush. 562. Penalties, how R. S. 15, § 13. § 11. SECT. 12. All penalties for breaches of the orders and by-laws of a town may be recovered on complaint before a police court or a justice of the peace, and shall inure to the town, or to such uses as the town may direct. * 11 allen 108 |