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said town, to represent them in the general court, to be holden on the first Wednesday of January next. Dated the day of in the year one thou

at

sand eight hundred and

Ib. § 9.

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Selectmen of

18. The certificate aforesaid shall have a return thereon, signed by the constable or other person specially authorized to give such notice, and stating, that notice of the choice was given to the person therein mentioned to be elected, and that said person was summoned to attend the general court accordingly. Ib. § 10.

19. If any selectman, or other town or city officer, shall wilfully neglect or refuse to perform any of the duties required of him under the provisions of this title, he shall forfeit a sum not exceeding two hundred dollars. 1848, c. 240,

Stat.

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3. If no choice, a new election to trial, to be appointed by the executive. be had.

4. Vacancies, how to be filled, when the whole are not chosen.

5. County commissioners to be divided into three classes.

6. Commissioners now in office to be divided into classes by lot.

7. One commissioner to be chosen each year at time of election of gov

ernor.

8. Chairman to be chosen annually. 9. Special commissioners now in office to hold until 1856.

10. Time of election and tenure of office of special commissioners. 11. Plurality of votes to elect.

14. Two special commissioners.
15. Vacancies by death, &c.

16. Commissioners to be of different towns, except, &c.

17. Commissioners to hold office for three years, and may be re-elected.

18. Provision for Suffolk and Nantucket.

19. Meeting for choice of commissioners in Barnstable.

20. Election of county treasurers. 21. Cities to vote for register of deeds and county treasurer in March or April.

22. At the election of county treasurer, the votes shall be counted in open town meeting. &c.

23. County treasurers and registers | 26. Limitation of term of office of of deeds to be chosen in November present registers of deeds.

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1. In each of the counties, except Suffolk and Nantucket, there shall be three county commissioners, who shall be elected as provided in the following section. R. S. c. 14, § 16.

2. On the first Monday of April, in the year one thousand eight hundred and thirty eight, and every third year thereafter, in the several towns of each county, except Suffolk and Nantucket, there shall be a meeting of the inhabitants, for the choice of county commissioners; and at such meeting, the qualified voters of each town shall bring in their written votes on one ballot for three county commissioners, being all inhabitants of different towns in the county; and the selectmen shall, in open town meeting, sort and count the votes and the ballots, and make public declaration thereof; and the town clerk shall enter intc the town records the names of all the persons voted for and the number of votes for each, and the whole numbe of ballots, and shall, within seven days after such election transmit a copy of such records, signed by the selectmer and attested by himself, and sealed up in open town meeting, to the clerk of the court of common pleas, who shal transmit the same to the board of examiners. Ib. § 17.

3. If, in any county, there shall not be a choice of the three commissioners, the board of examiners shall forthwith issue their warrant to the selectmen of each town in such county, requiring them, on a day therein mentioned, which shall be within twenty days after the issuing of said warrant, to call a meeting of the inhabitants of their town, to elect as many commissioners as shall be necessary to complete the number required for the county; and the said examiners shall furnish the said selectmen with a complete

list of the names of all the persons who shall at the first choice have received more than twenty five votes, and shall not have been then elected.

Ib. § 19.

4. The selectmen of each town, in obedience to the said warrant, shall call a meeting of the inhabitants of their town, and shall lay before them the result of the first choice, as reported to them by the said examiners: and thereupon, the qualified voters aforesaid in such town shall bring in their votes, on one ticket, for the number of commissioners then to be chosen; and the like proceedings, in relation to the election and returns thereof, shall be had on the votes thus given, as are required to be had at the first choice of said commissioners; and the said examiners shall, within eight days after such second choice, examine the returns made to them, and forthwith give written notice of their election to the persons then chosen. Ib. § 20.

5. The county commissioners now in office in the several counties, except in Suffolk and Nantucket, shall be divided into three classes: those of the first class shall hold their offices until the day of the next annual election of governor, and until successors shall be chosen and qualified in their stead, and no longer; those of the second class shall hold their offices until the day of the annual election of governor in the year one thousand eight hundred and fifty-five, and until successors shall be chosen and qualified in their stead, and no longer; those of the third class shall hold their offices until the day of the annual election of governor, in the year one thousand eight hundred and fifty-six, and until successors shall be chosen and qualified in their stead. St. 1854, c. 77, § 1.

6. It shall be the duty of the county commissioners in each of said counties, within sixty days after this act shall take effect, to determine, by lot, to which one of the said classes each member of their board shall belong; they shall cause a record to be made of such determination ;

and shall, within thirty days after such determination, cause an attested copy of said record to be published once, in each newspaper printed in said county. § 2.

7. At the next annual election of governor, and at such annual election in each year thereafter, in each of the counties except Suffolk and Nantucket, there shall be one county commissioner chosen in the manner prescribed in the fourteenth chapter of the Revised Statutes for the election of county commissioners, except so far as such manner is changed by this act; such commissioner not to be an inhabitant of the same town as either of the commissioners remaining in office; and every commissioner so chosen shall hold his office for the term of three years, and until a successor is chosen and qualified in his stead. $3.

8. The county commissioners in each county shall hereafter choose a chairman of their board by ballot, annually, at their first meeting after the annual election. § 4.

9. The special commissioners now in office shall hold their offices until the annual election of governor in the year one thousand eight hundred and fifty-six, and until successors shall be chosen and qualified in their places. § 5.

10. At the annual election in the year one thousand eight hundred and fifty-six, and each third year thereafter, in each of the counties except Suffolk and Nantucket, there shall be two special commissioners elected, in the manner provided in this act, for the election of county commissioners, said special commissioners not to be inhabitants of the same town, or of the same town as either of the county commissioners, excepting in the county of Dukes; and such special commissioners shall hold their offices for the term of three years, and until successors shall be chosen and qualified in their places. § 6.

11. In all elections of county commissioners and special commissioners, the person having the highest number

of votes and being otherwise qualified shall be declared to be elected; but, in case two or more persons shall have an equal number of votes, by reason of which neither of such persons shall be elected, another election shall be ordered in the manner provided by the fourteenth chapter of the Revised Statutes. § 7.

12. In all future elections of county commissioners and special commissioners, the board of examiners in the several counties whose duty it is to examine the returns of votes, shall meet and discharge the duties required by law as to such elections, on the first Wednesday of the month next succeeding the election of any such officers. Stat. 1855, c. 3.

13. In case of a failure on the second trial in any county to elect one or more of the county commissioners, the board of examiners for said county shall report to the secretary of the Commonwealth the result of the election, and the same facts which by law they are required to report to the selectmen of the towns in such county; and the governor shall then proceed, by and with the advice of the executive council, to appoint such a number of county commissioners for such county as may be necessary to complete the number of commissioners for such county required by law, such appointment to be confined to those persons not elected, who shall have had the greatest number of votes, being at the same time twice the number of commissioners to be appointed. Stat. 1841, c. 107, §

1 & 2.

14. In each of the counties, in which county commissioners are to be chosen, there shall also be two special commissioners, who shall be chosen at the same time and in the same manner with the said county commissioners. R. S. c. 14, § 21.

In case of a failure to elect special commissioners on a second trial, they are to be appointed by the executive in

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