2. Towns may sue and be sued. 3. Towns may hold property, make contracts, &c. 4. Towns may grant money for town schools, the poor, and other necessary charges. 5. The Statute not an enumeration of objects for which towns may raise money. 6. Rule to determine what are necessary charges. 7. Enumeration of necessary charges. 8. Towns not bound,even by express votes, for contracts not within the scope of corporate objects. 9. Illustration of the rule. 10. How towns may be restrained from raising, borrowing or expending money for illegal purposes. 11. Towns may make by-laws. 12. To be approved by Court of Common Pleas. 13. The Supreme Court can not revise their discretion. 14. If not reasonable, void. 15. Binding on all persons coming within the town. 16. To be published. 17. Authority of cities to make bylaws. 18. Towns may make by-laws respecting the keeping of dogs. 19. Towns may suspend the operation of certain laws relative to the killing of birds. 20. Other powers of towns. 1. The inhabitants of every town shall continue to be a body corporate, with all the powers heretofore exercised by towns, and subject to all the duties to which they have heretofore been liable. R. S. c. 15, § 8. 2. The inhabitants of towns, in their corporate capacity, may sue and be sued in the manner prescribed by law, and may appoint all necessary agents and attorneys in that behalf. Ib. 10. 3. Towns shall have power to hold real estate, for the public uses of the inhabitants, and to convey the same, either by vote of the inhabitants, or by a deed of their committee or agents; to hold personal estate, for the public uses of the inhabitants, and to alienate and dispose of the same by vote or otherwise; to hold real and personal estate, in trust, for the support of schools, and for the promotion of education, within the limits of the town; to make any contracts, which may be necessary and convenient for the exercise of their corporate powers, and to make any orders for the disposal or use of their corporate property, which they may judge necessary or expedient for the interest of the inhabitants. 16. § 11. 4. Towns shall have power, at any legal meeting, to grant and vote such sums of money as they shall judge necessary for the following purposes, that is to say, For the support of town schools: For the support and maintenance of the poor: For all other necessary charges arising within the same town. Ib. § 12. 5. It seems very clear that the above statement was not intended to be an enumeration of objects and purposes for which towns may raise money, but the expression of a few leading and prominent objects, by way of instance, and a general reference to others, under the term "other necessary charges." 12 Pick. 230. 23 Pick. 76. 6. To bring any appropriation within the description of necessary town charges, it must be for the execution of some corporate power, the performance of some corporate duty, or the enjoyment of some corporate right as established by law, or by long usage. 23 Pick. 76. In relation to usage, the Supreme Court remark in the same case, that it is not a casual or occasional exercise of a power, by one or a few towns, which will constitute such a usage; but it must be a usage, reasonable in itself, general among all towns of like situation, as to settlement and population, and of long continuance. 23 Pick. 79. 7. Some of these charges, besides those for the support of the poor, schools, and for burial grounds, are— Ib. The payment of municipal officers. 13 Mass. 279. The support of such actions as towns may be parties to. The making and repair of townways, causeways and bridges. R. S. c. 24, § 68. c. 25, § 1. The making and repair of highways within the town. Ib. c. 24, § 73. The erection and maintenance of guide posts. $28. Ib. c. 25, The erection of town houses, and market houses, for the use of the town. 13 Mass. 274. 23 Pick. 71. 5 Met. 40. The erection of alms houses, and work houses. R. S. c. 16, § 1. The erection of hospitals for the reception of persons having diseases dangerous to public health. Ib. c. 21, § 35. The inoculation of inhabitants with the cow pox. Ib.c. 21, § 45. The establishment of a quarantine ground. § 27. Ib. c. 21, Bounties on the destruction of noxious animals. 55, § 3. Ib. c. The maintenance of watch within the town. Ib. c. 17, $7. Provision for the extinguishment of fires, including the purchase and repair of engines, and other fire apparatus— the compensation of engineers, firewards, and engine men. 19 Pick. 485. 3 Met. 163. The construction of reservoirs for water to supply fire engines. 3 Met. 163. The indemnification of owners of buildings destroyed to stop fire in certain cases. R. S. c. 18, § 7. 8 Met. 462. The indemnification of its officers against liabilities incurred in the bona fide discharge of their duties, even though they have exceeded their legal rights and authority. 7 Pick. 18. 18 Pick. 566. The equipment of poor soldiers, and other expenses incurred by the discharge of duties, imposed on towns by the Militia Laws. R. S. c. 12, § 27. Stat. 1837, c. 240, § 10, 11. Providing armories for volunteer companies. 1840, c. 72, § 20. Stat. The purchase of Hay scales, and Standard Weights and Measures. R. S. c. 28, § 95. Ib. c. 30, § 8. 19. The maintenance of one or more Pounds. Ib. c. 18, S The support of one or more Public Clocks. 12 Pick. 227. The payment of rewards offered by Selectmen, for securing persons charged with crime. Stat. 1840, c. 75. The establishment and maintenance of Public Libraries. Stat. 1851, c. 305. The writing and publication of Town Histories. Stat. 1854, c. 429. 8. Corporations can only exercise their powers over their respective members, for the accomplishment of limited and well defined objects. And 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. 23 Pick. 75. 1 Met. 284, 287. 11 Pick. 396. 13 Mass. 272. 16 Mass. 48. 9. To give an illustration of the foregoing rule. A town has no authority to raise money to aid in the construction of a road which by law is to be made at the expense of the County; and, consequently, a tax laid by the town, for the purpose of collecting the money, is illegal and void. 11 Pick. 396. See also 13 Mass. 272. : 10. Whenever any city or town shall have voted to raise by taxation, or by pledge of its credit, or to pay over from moneys in its treasury, any sum or sums of money, for any other purpose, or purposes, than those for which it may have the legal right and power so to do, the Supreme Judicial Court shall have power, upon the suit, or petition, of any inhabitants, not less than ten, of such city or town, liable to be taxed therein, briefly setting forth the cause of complaint, to hear, and finally determine in equity all such cases; and any justice of said court may, as well in vacation as in term time, issue an injunction, and make all such orders and decrees as may be necessary or proper to restrain or prevent any violation or abuse of said legal right and power of such city or town, until the final determination of such causes by the Supreme Judicial Court; and no order or decree of said court, or of any justice thereof, shall be discharged or invalidated on account of want of jurisdiction in said court or justice. Stat. 1847, c. 37. 11. The inhabitants of any town in this Commonwealth, shall have power and authority to make all by-laws that may be necessary to preserve the peace, good order, and internal police of their respective towns or for directing and managing their prudential affairs, and they may annex suitable penalties, not exceeding twenty dollars for any one breach thereof, to be recovered by complaint, before any justice of the peace for the county in which the offence may be committed, and to enure to such uses as the town may direct. R. S. c. 15, § 13. Stat. 1847, c. 166. 12. The by-laws must be approved by the Court of Common Pleas for the county, and must not be repugnant to the laws of the Commonwealth. Ib. 13. The Supreme Court have no jurisdiction to revise the judgment of the Court of Common Pleas in reference to by-laws. 3 Cush. 336. |