MICROFILMED 1985 UNIVERSITY OF CALIFORNIA - BERKELEY GENERAL LIBRARY BERKELEY, CA 94720 COOPERATIVE PRESERVATION MICROFILMING PROJECT THE RESEARCH LIBRARIES GROUP, INC. Funded by THE NATIONAL ENDOWMENT FOR THE HUMANITIES THE ANDREW W. MELLON FOUNDATION Reproductions may not be made without permission. CU-B THE PRINTING MASTER FROM WHICH THIS REPRODUCTION WAS MADE IS HELD BY THE MAIN LIBRARY UNIVERSITY OF CALIFORNIA BERKELEY, CA 94720 FOR ADDITIONAL REPRODUCTION REQUEST MASTER NEGATIVE NUMBER 75- (SUS AUTHOR: California . Commission £0 revise the laws of Qulifornia. TITLE: A system of town government: - PLACE: C Saeramento J DATE: C 18112 1 VOLUME F363 cALL ST MASTER %5° NO. NEG. NO. [S%S 76388 California. Comission to revise the laws of California, vee A system of town government, and its adrptation to school, revenue, election, fence and road laws, tiith preface, state printer, 29 pe 27cm, Chapters 18 to 22, inclusive, cSucramento, D.VW. Gelwicks, 18717, At head of title: Revision commission. Preface signed: Lindley, Burch, Haymond, commissioners, ) SHELF LIST FILMED AND PROCESSED BY LIBRARY PHOTOGRAPHIC SERVICE UNIVERSITY OF CALIFORNIA BERKELEY, CA 94720 JOBNO. 85 5/65 DATE 4] 85 5 1 REDUCTION RATIO | 8 — ~ DOCUMENT — SOURCE _ THE BANCROFT LIBRARY 2 [jz2 oO Ei hdd | 22 £ wi IL. fl 20 == lL IL2S lis pee MICROCOPY RESOLUTION TEST CHART NATIONAL BUREAU OF STANDARDS-1963-A BANCROFT LIBRARY <> THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA BANCROFT LIBRARY THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA Retake of Preceding Frame Colufonin., Commirauinn Ho Bovis the Yow sf TF 2 EDA EVISION COMMISSION. A SYSTEM OIF BANCROFT TOWN GOVERNMENT, LIBRARY | ne a THE LIBRARY SCHOOL, REVENUE, ELECTION, FENCE AND ROAD LAWS. OF THE UNIVERSITY OF CALIFORNIA | CHAPTERS 18 TO 22, INCLUSIV.E. Basti hi sata Sh fg = WITH PREFACE. on AVI ADR ( , f ( ( [114 A =5. Lv IN Retake of Preceding Frame REVISION COMMISSION. A SYSTEM OF BANCROFT | TOWN GOVERNMENT, LIBRARY v AND ITS ADAPTATION TO THE LIBRARY SCHOOL, REVENUE, ELECTION, FENCE AND ROAD LAWS, OF THE UNIVERSITY | rine OF CALIFORNIA CHAPTERS 18 TO 22, INCLUSIVE. WITH PREFACL. D. W. GELWICKS, STATE PRINTER 7 \ PREFACE. To prepare or alter a system of local governments for a state, 18 a great responsibility, as such governments, with their relations to schools and taxation, go to the threshhold of each inhabitant. In submitting a plan, it is thought necessary to present with it a clear statement of the leading points and difficulties necessary to be considered, harmo- nized or overcome, in order that it may be read and amended in the light of all the facts and considerations involved in the subject. At least it is thought best to present the points which have been consid- ered by the commission, and from which have been deduced the organ- ized results, as shown in the chapters submitted. When presenting chapters three to seventeen, inclusive (County "Government, Part II, Political Code), for consideration, it was believed “that the most embarrassing portion of the work on local governments had been drafted, but as soon as engaged solely in considering the dis- tribution of power, the matter of a uniform system of town govern- ments became more embarrassing, considering all the functions and relations involved, than the previous work referred to. The constitution provides : ArticLe XI, sec. 4. The legislature shall establish a system of county and town governments, which shall be as nearly uniform as practicable throughout the state. ArTICLE IV, sec. 37. It shall be the duty of the legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, con- tracting debts and loaning their credit, so as to prevent abuses in assessments and in contracting debts by such municipal corporations. Foeka TnL Cn CHE Ad 4 : PREFACE. +. The constitutional gradations, * county,” * town,” * cities” and “villages,” seem to be simple, logical and most clearly expressed ; yet the first legislature used the words “towns” and ¢ villages” as synony- mous, in the body of the act to provide for the incorporation of towns. (Stat. 1250, p. 128.) These terms were repeated in the reconstructed act of the same title, passed in eighteen hundred and fifty-six. (Stat. 1856, p. 198.) In other words, the « villages” of the constitution are the * towns or villages” of the statutes. The towns” of the con- stitution were undoubtedly intended to be a general system of local government, extending over all the territory of the state, except such as might be embraced in cities and villages, and to correspond somewhat with the towns of New York and New England, and the civil” and « political ’ townships of the west. It is probable that the plan for the incorporation and organization of « villages,” adopted in New York in eighteen hundred and forty-seven (Rev. Stat. 3, p- 789), led to the use of that word (villages) in our constitution. By every rule of constitutional construction, the words « towns” and * villages” must each be taken to mean separate things —to require distinct systems of local government, adapted to different conditions, to different classes of small communities. The former must apply to larger or rural districts and sparser population ; the latter, to smaller districts, with small but concentrated population. This con- struction makes the provisions entirely consistent with each other and with the general framework of the state government. A public necessity has always been felt, that something should be done to supply this gap in our system. This necessity has often taken the form of legislative expression, but generally such expression has been so special in extent or character of power, or so limited to par- ticular localities, and the machinery provided has been so cumbersome and expensive, and, above all, so imperfectly adapted to general state laws which are dependent upon local governments for execution, that failure has followed. The general township law (Stat. 1862, p. 574) was doubtless con- ceived to obviate the growing embarrassments arising from the govern- ment of the central power—the hoards of supervisors—over the local PREFACE. H ’ affairs of the smaller communities. Sixteen counties were finally excepted from its operations. Its operation in other counties depends upon the vote of the people—*¢ yea” or nay.” The commission do not know whether it is in force in any county in the state. Nevada and Mendocino tried it, and abandoned it by procuring its repeal, so fur as those counties were concerned. It is practically inoperative. It has failed in the accomplishment of the purposes for which it was intended, from the same causes as the more special laws mentioned in the preceding paragraph. There is a similar law in Illinois, providing for township organiza- tion.” (Rev. Stat. 1868, p. 736.) The corporations, when organized, are denominated * towns,” and are territorially commensurate with «« congressional townships.” Its operation in any county, like our act, depends upon a vote of the people. About one-half the counties of the state have accepted the law, and the other half are governing their local communities through the agency of county courts. Any system that provides widely different governmental machinery in adjoining counties which are alike (except in name) is self-evidently vicious, from the unnecessary absence of uniformity. As an axiom in local governments—indeed, in all governments—this law of uniformity should never be broken, unless the logic of material facts—of different conditions—in extremely exceptional cases, make it necessary. A uni- form system of government can be prescribed for all local communities of a given class. The vote * yea” or “nay” is not such a material fact or condition ; it is a legal requirement only. Hence, it should not be made a sufficient cause for the establishment of different systems of governments in two adjoining counties alike in all material conditions. The following questions suggest themselves: First—Shall the board of supervisors continue to govern the local communities ? Second—1Is any other form of government practicable in sparsely settled counties? Third—Shall there be two systems of local government; one by the board of supervisors in sparsely settled counties, and the other by a system of town governments within those more densely populated ? SCG dy RN Le iia dina I VA I 6 PREFACE. Fourth—Shall counties of the third class (under five thousand pop- ulation) be governed by supervisors, and the other two classes by the agency of town governments ? Fifth—Shall the more densely populated parts of a county be gov- erned by town systems, and the other parts by boards of supervisors ; or, can one uniform system of town government be established for all the territory, except cities and villages? Sizth—Would it not be best to attach very sparsely populated terri- tory to the nearest town (making the town larger), rather than to have it governed directly by the county supervisors ? Before proceeding, it is best to state the land marks which must be kept in view as the controlling features of any plan. They are— First—Diminution of the number of public offices. Second—Reduction of expenses of the local government. Third—TUniformity, certainty and simplicity in, and orderly arrange- ment of, the laws which the local officers are called upon to execute. Fourth—Unity of system in revenue and school laws, with such supervisory control as may be essential in securing efficiency in execu- tion. Fifth—The distribution of the powers of government to the small communities, that each neighborhood may govern itself. From whatever stand-point the subject 1s considered, it is fraught with perplexing difficulties. In the first place, no system can work well or last long which does not blend itself harmoniously with all the revenue and other laws of the state depending on local governments for execution. In other words, no system can be made complete, except through a general revision of all laws with which it is to have connection. The following arc sequences of the «land marks” above referred to: First—One set of local officers to manage all local concerns. Second—One system of proceedings for all. Third—One assessment, one equalization and one collection for all taxes for any one jurisdiction, be that for a county, city, village, town or school district, and be the tax for state, county, city, village, town - or school. | PREFACE. T Fourth—The smallest district in which taxes are levied, whether « town’ or “school district,” must have definite boundaries, so that the assessor can determine readily in what district or town the prop- erty is situated, and he must make a separate assessment for each taza- tion district; and any school, town or local tax for such district, levied by law or the local boards, may be calculated, extended on the state and county tax list, and collected at the same time and by the same officers as the state and county tax. Where shall this power to assess, equalize and collect all these taxes be lodged? With the counties or with the town governments ? In view of the infancy of the town governments, and of the fact that a system of equalization of values in assessments, and a system of collection without the costly intervention of courts, have yet to be established and perfected by experience, it is oelieved that more competent organizing agencies in these matters can be found for the present in the counties than in the local governments. The latter can make their tax levies for their local purposes and forward to the county officials to be placed upon the tax list. Deputies may be appointed for any or all of the towns. After a period of years, when the towns get strength and the sys- tems become familiar, it will require buf little legislation to distribute to the towns the duties of executing the revenue laws. | The matter of harmonizing the school laws and school taxation with any system of local government is more difficult. First—Shall a school district be a corporate, rather than an unincor- porate, division? Second—Shall it be a corporate subdivision of a town, with powers of taxation and to do business within itself, or shall a town be a school district, with compulsory powers to establish schools in different places to meet the wants of new settlements, and to tax the whole property of the town for maintaining such schools ? A single element of corporate life in a school district drags with it most of the machinery of a separate government; the power to make a contract to build a school house implies officers to make it, and ought to carry with it the power to sue and the liability to be sued; the EY pani) Livi ER PORT Y Ck THAREO EG a edie a iiteients R. . - 8 PREFACE. power to levy and collect taxes involves a complete system of revenue machinery, and an accurate boundary and corporate establishment of the districts. | It took but a small space, last session, to provide that supervisors shall levy a tax upon the estimate of the school superintendent for respective school districts, sufficient, in addition to the state tax, to keep up schools eight months, but it was found that there was no adequate machinery for the execution of this law. There was no separate assess- ment roll nor separate division in the general roll for school districts. A tax title—the final act or fact in the process of the collection of a small school tax in a small school district, requires the performance of as many preceding conditions, as many accurate and complete for- malities, as a similar title resulting from the enforcement of the state and county tax. Can three town trustees, with the assistance of a school director for each school, be trusted to provide properly for the establishment and maintenance of schools? or must there be a sep- arate independent system in the districts for executing their functions, and shall three school commissioners and a clerk, in a corporate school district, build school houses and levy taxes therefor independent of town government, and certify the levy to the county officers, and shall the assessor make a separate assessment roll (alphabetically of persons) of the property in each school district, combining the whole into one assessment of a county for all purposes? Many objections can be urged to any system, but the commissioners present, as the result of their deliberations, the following : First—A uniform system of town government over all territory, making the towns small, and making them, and not the school districts, the smallest corporate divisions. Second—For all taxes, state, county and local, one assessment, one equalization and one collection. ; Third—For the management of all town, road, school, election and pound matters, one set of town officers. Fourth—Town clerk to be public town administrator, and the jus- tice to be coroner; county auditors, tax collectors, public administra- tors and coroners to be abolished, and the duties of the two former PREFACE. 9 attached to the office of county recorder and treasurer, as suggested in previous chapters. Fifth—Town trustees to be compelled to establish additional schools when necessary for new settlements within the town limits, and to fax the whole town property therefor. Each school shall have a director, who shall have such powers as may be necessary to secure for such school its just proportion of school funds. Fence districts are disposed of very briefly, and so as to practically : remove the whole subject from the legislature and make a satisfactory adjustment of it. Boards of supervisors may establish ¢ fence districts” by combining one or more towns. To these the «fence laws” will be applied. Outside of the fence districts owners must take care of their animals, and land owners will not be required to fence to protect their own crops and grass against their neighbor’s stock. Preceding chapters will require a little modification in consequence of some of the provisions here submitted. All could not be foreseen. Some imperfections in detail, doubtless, exist. We invoke careful reading and consideration, and express the hope that amendments and corrections may come from any who discover defects. Editors will have the kindness to forward copies of their papers containing criticisms (friendly or unfriendly) to the commission. SUPPLEMENTAL PREFACE. Since preparing the foregoing preface and the chapters submitted to carry out the plan indicated, new obstacles are found to exist in article eleven, section thirteen, of the constitution—the ¢‘ town” part of the article having escaped observation. Time will not be spent in remod- elling the preface. It serves as itisto elucidate the whole subject, and shows, as we believe, what ought to be the plan, even if it eventually 2 TT fA . JE SRT REIN fie sr es PRY a diet ’ 10 PREFACE. requires an amendment of the constitution to secure its adoption. The section referred to is as follows: « SgorioN 13. Taxation shall be equal and uniform throughout the state. All property in this state shall be taxed in proportion to its value, to be ascertained as directed by law ; but assessors and collec- tors of town, county and state taxes, shall be elected by the qualified electors of the district, county or town in which the property taxed for state, county or town purposes is situated.” Firsi—Is the state a ¢ district,” within the meaning of this section? Second—Is not the district,” as used in this section, the same as the © district” used in section fourteen, schedule” of the constitu- tion ? Third—Must assessors and collectors for districts (road and school districts), in which taxes for district purposes are levied on the property within the district, be elected by the qualified electors of such district ? Fourth—Can assessors and collectors be legally constituted and elected for ¢ districts” (revenue districts established by the legislature for the assessment and collection of taxes levied for state and county purposes) within their counties, and can such assessors and collectors aggregately constitute the assessors and collectors for the county at large? or has every elector in the county a right to vote for such officers, with duties constitutionally attached and co-extensive with the whole territory ? Fifth—Was not the law of last session, authorizing the levy of a school tax for respective school districts on the assessment of the county assessor, unconstitutional ? Sixzth—Must each political corporation—state, county, town, city, village, school district, etc.—have an elected assessor and collector, whose jurisdiction shall be co-extensive with the limits of such cor- poration? or may the smallest districts assess and collect all the taxes for itself and all the larger districts in which it i8 included, and on the property within its limits? Seventh—Must we have separate sets of revenue officers and machin- ery—one for a state, one for counties within the state, one for towns within the counties, one for school districts within towns, one for vil- lages and one for cities ? PREFACE. 11 Eighth—W here does constitutional limit end and legislative discre- tion begin? Ninth—Can assessors and collectors be appointed to fill vacancies, or must the legislature provide special elections to fill this particular class of vacancies? Tenth—Can a board of equalization be vested with power to revise the judgment or discretion of an assessor—a constitutional officer, with duties constitutionally attached? Eleventh—Cannot county and state boards of equalization be elected as county and state boards of assessors, within the meaning of the sec- tion, and with plenary powers over the valuation of property first listed and valued by the assessor—the state board for the state tax, the county board for the county tax, if they choose to differ from the state board ? Twelfth—Must not the power be plenary or else not exist at all, to revise the exercise of the discretion of the assessor ? The state board of equalization (already useful) has been tacked on to a most confused and cumbersome revenue system, without any defi- nite idea of its jurisdiction, powers or adaptability. Who can draft a town system and revenue laws, and fit the two together, without the aid of judicial construction ? In People vs. Hastings (29 Cal. 449) the court holds that ¢ the con- stitutional requirements are not satisfied merely by an assessment made in the manner directed by law, but it is also provided that the assessors of town, county or state taxes shall be elected by the quali- fied electors of the district, county or town in which the property to be taxed is situated ; that is to say, that the assessment must be made by a person elected as an assessor by the qualified electors of such dis- trict, county or town.” «A tax, in order to be valid, must rest upon an assessment made in the mode prescribed by law, and by an assessor elected as provided for by the constitution.” People vs. Kelsey (34 Cal. 474) is to the same effect. In 37 Cal. 260 it was held that the complaint in an action for delin- quent taxes in an assessor district (part of a county for revenue pur- poses) must show the property taxed to be within the district. 12 PREFACE. The point as to whether district assessors,” for tax for county pur- poses, are constitutional assessors, seems not to have been made in that case. Among the many theories advanced as to the construction of the word ¢ district,” it might be suggested, in addition, that districts (alcalde districts) existed at the time of the formation of the consti- tution. They were specified in General Riley’s proclamation. They corresponded in size and name with their successors—the counties, and they were as well known then by that designation as counties are now known by theirs. We were commencing a transition state from local subdivisions known as districts to those to be known as counties. The tem < districts” from which delegates were sent to the convention are the ten districts mentioned in the fourteenth section of the ¢ schedule” of the constitution, and which subsequently became cn countics of the same name, under the act of the first legislature, with the exception that San José was changed to Santa Clara, and the limits were some- what altered and better defined. The district” (alcaldes) was the first thing present to the minds of the framers of the constitution, and the point from which the county was to start. It was doubtless used to represent to the Spanish people in the convention the same general idea, that ¢ county” was to more specifically represent in the new government. The term or name had a meaning when it was employed, but became obsolete when counties were organized. The word * dis- trict ’ belonged to the old system, and accidentally slipped in with the thought in connection with the word “county,” representing a nearly corresponding idea in the new system. It was simply an inaccurate or careless use of language. The constitution should be read as though the word (district) was not there. It is a novel idea to construe a troublesome word ou? of a constitu- tion ; nevertheless, if it referred to a thing which has since ceased to exist, the word should be buried with the thing itself. The commis- sion do not adopt any construction, but suggest the thought for the consideration of those whose duty it is to decide. Should the word * district” be construed as obsolete; the word « town” as including cities and villages, as has been done in some cases, PREFACE. 13 the constitution would read: But assessors and collectors of state, county, town, village and city taxes shall be elected by the qualified electors of the county, town, village or city in which the property taxed for state, county, town, village or city purposes is situated.” The full spirit, though not the strict letter, would be carried out by dividing the counties into revenue districts (consisting of towns, cities and villages) and constituting the town, city and village assessor the district assessor for the state and county tax. With such a construc- tion, should it be found necessary to make road and school districts subdivisions of towns, the fown assessors and collectors could assess and collect for particular school and road districts. Messrs. Gwin and Botts, members of the convention, foresaw the undefined embarrassments which this limitation of the taxing power now creates. The following chapters will not be reconstructed at present, as they are in type, and will serve as they are to exhibit the general plan; but will be moulded before our final report, so as to accord with any construction which the supreme court may give the word ¢district” in the section of the constitution referred to. If that tribunal shall hold that a county may be districted for the collection of county and state tax, then the whole matter of assessment and collection of state, county and town tax will be turned over to the towns. In such an event, a town assessor, collector and treasurer will be added to the list of town officers scheduled in section one, chapter twenty, and appropriate duties assigned, and the town trustees will be constituted a town board of assessors. All this machinery must evi- dently be put on these governments, or the plan abandoned and the town government requirement of the constitution treated as a dead letter, until the thirteenth section of article eleven shall have been amended. It is hoped that cases may be made and the questions which embarrass us settled in the April term. Prompt action of dis- trict attorneys in these matters is solicited. While upon these subjects, if a proper case arise, it is hoped that another part of the decision in People vs. Hastings will be reviewed and explained. Tt is as follows (italics our own): 14 PREFACE. « The requirement that the value of the property to be taxed shall be ascertained as directed by law, means that the property shall be assessed for the purpose of taxation, and that the taxes may be levied only after the property has been so assessed. An assessment, made as directed by law, is an indispensable basis for the support of the tax that may be levied upon it.” The word “levy” is the customary term used in all the acts of the legislature levying the state taxes; also, of the revenue law ; also, of the orders of supervisors levying the county tax. When used by the supreme court, this word ¢ levy” would ordinarily be taken to signify the same thing as when used in the several acts of the legislature, rev- enue laws and orders of supervisors; and yet such a construction would make void the levy of county taxes made pursuant to the rev- enue laws by supervisors before the assessment of property ; also, the levy of state taxes for two fiscal years before the assessments are made. At present all taxes are levied, or required by statute to be levied, before the assessment is made. Possibly the court intended to hold that a levy could not attach as a specific lien until after the valuation upon which the levy is to take effect is fixed by the assessor. No further work will be done on this department, involving county, town and village government, and the road, school, election and rev- enue laws, until some of the obstacles are removed by an adjudication of this uncertain clause of the constitution. SACRAMENTO, February 3d, 1871. LINDLEY, BURCH, HAYMOND, Commissioners. CHAPTER 18. SUBDIVISIONS OF COUNTIES. SECTION SECTION 1. Political divisions of counties. 6. Towns, and for what purpose created. 2. Corporate divisions. 7. Supervisor districts. . Unincorporate divisions. 8. School, clection, road and pound dis- . Cities, and how created. tricts. . Villages, and how created. 9. Fence districts. Section 1. Political divisions of counties are— Political divi- sions of counties. First—Corporate. Second—Unincorporate. Sect. 2. Corporate divisions are Oorpernte divisions. First—Cities. : Second—Villages. Third—Towns. Sect. 3. Unincorporate divisions are— Unincorporato divisions. First—Supervisor districts. Second—School districts. Third—Election districts. Fourth—Road districts. I"ifth—Pound districts. Sizth—Fence districts. Note.—The 2d, 3d, 4th and 5th subdivisions might be dispensed with, for the reasou that they are identical with towns, and town offi- cers perform, or direct the performance of, all duties pertaining to their districts; yet, as they are, by name, so interwoven with the school, road, clection and trespass laws, they are retained in name, though without corporate or political organization. 1 Sgcr. 4. Cities are the most populous corporate divi- cities, aud how 9 sions of counties, and shall not be less than two miles fii 3 square, nor contain, at the time of their creation, less than 4 one thousand registered citizens. They may be created as 5 provided in chapter ' 16 Villages, and how created. Towns, and for what purpose created. Supervisor districts. S-hool, election, road and pvunli districts. Fence districts. Cuap. 18. Sect. 5—9. Seer. 5. Villages are, territorially, the smallest cor- porate political divisions of a county, and cannot be less than half a mile nor more than two miles square, and shall contain not less than one hundred registered citizens, when created. They shall be created by the supervisors, as ; provided in chapter . Secor. 6. Towns are, territorially, the largest corporate divisions of counties, and are created for the purpose of securing to each neighborhood a local government over schools, roads, public pounds, elections and all matters of local concern. Sect. 7. Supervisor districts are the largest unincor- porate divisions of counties, and are established for the purpose of securing a local representation in the boards of supervisors. Sect. 8. School, election, road and pound districts are identical with towns, in territory, and are unincorpo- rate divisions, created for the purpose of a more convenient administration of the town government over them. Sper. 9. Fence districts are unincorporate divisions, 9 established to secure the operation of, and to become sub- 3 ject to, the fence laws provided in chapter . CHAPTER 19. MODE OF ESTABLISHING TOWNS; ALSO, SUPERVISOR, FENCE AND OTHER UNINCORPORATE DISTRICTS. SECTION SECTION 1. Counties to be divided into towns. ent towns, etc., county first adopt- Boundaries, and how described. ing such name to retain it. 2. County clerks to furnish secretary of 3. Counties to be divided into supervisor state with names of all towns, ctc., districts, according to class. and date of their establishment. 4. Territory and boundaries of school, When same name given to differ- election, road and pound districts. Cuar. 19. Sect. 1—2. SECTION SECTION 5. Fence districts, of what to consist. 8. Notice of establishment and change 6. Supervisors to district their counties, 7. Certain officers to aid supervisors in of districts to be published. when. 9. Orders creating new districts, when to take cffect. Application for cre- ation or alteration of towns or dis- tricts, what to set out. establishing or altering lines. Section 1. The supervisors shall divide the counties gounties to be divided into 2 into as many towns as public convenience, for the pur- towns. . poses mentioned in section six, chapter eighteen, requires. They shall number, name and accurately define them. The boundaries shall be made sufficiently definite to ena- Boundaries, and ble assessors to readily determine the towns in which any ! parcel of property is located. When practicable, they shall be described— First—By lines of the United States land surveys. Second—DBy lines of surveys of Mexican land grants. Third—By streams of water or ocean shore, or by 92 mountain summit lines on those mountains to which the Uliited States land surveys have not been extended. Fourth—DBy established roads. Fifth—When the above descriptions are not practicable, ; the lines shall be surveyed, marked and mapped by the SS Ov ih CO ND et © BL J county surveyor. A town shall not embrace any part of a village or city. Sect. 2. County clerks shall forward to the secretary county clerks to . .i's * furnish tar of state the names of all towns, villages and cities, show- of state with . . J names of towns, ing the date of their establishment. The latter shall keep Secabtismment. an alphabetical record of them. When the same Name wnensamename . . . al given to diffe t shall have been given to different towns, villages or cities, fowns, otc , couo- ty first adopting the county first adopting such name shall retain it. The fom © secretary of state shall certify such fact to the county clerks of the other counties having the same name, and the supervisors shall adopt a new name therefor. Clerks shall return such new name to the secretary of state. 3 18 Counties to be divided into su- perviscr districts, according to class Territory and boundaries of school, election, roa; and pound districts. Fence districts, ot what to con- sist. Supervisors to district their counties, when. Cmar. 19. Secr. 3—6. 1 Sect. 3. The supervisors shall divide the counties 2 into supervisor districts, establishing in each, according to 3 its class, as follows: 4 First—Counties of the first class, seven. 5 Second—Counties of the second class, five. 6 Third—Counties of the third class, three. 7 Towns or villages, or both combined, shall constitute 8 supervisor districts. Their number, and combination in 9 such districts, shall be discretionary with the supervisors. 10 A city may constitute a supervisor district, or be divided 11 into two or more; or divided and its divisions attached to 12 towns or villages for the purpose of forming such districts. 13 The component divisions of supervisor districts shall be in a 14 connected and reasonably compact form, and such districts 15 shall be as equal in property, population and territory as 16 is compatible with the convenience of the inhabitants. 17 There shall be one county supervisor for each supervisor 18 district. ? Sect. 4. . School, election, road and pound districts are 9 identical in territory and boundaries with towns. The establishment or alteration of town boundaries is the establishment or alteration of these districts in like man- ner and extent. Seer. 5. The supervisors have discretionary power to establish fence districts. They must consist of a town or of a combination of towns intact in compact form, or of a supervisor district, and shall, when established, be subject to the fence laws provided in chapter Sect. 6. The supervisors shall hold sessions commenc- ing on the second Monday in May, eighteen hundred and 3 seventy-two. At such sessions they shall divide the coun- 4 ties pursuant to the provisions of this chapter. Cuar. 19. Secor. 79. 19 1 Sect. 7. District attorneys, assessors, school superin- Certain officers to aid supervisors in establishing 9 tendents and county surveyors, whenever proceedings are o; iiering lines. 3 to be taken for the establishment or alteration of the lines 4 of towns or supervisor districts, shall appear and farnish 5 the supervisors such information as they may have perti- 6 nent to the subject, and may be heard thereon. Regis- = tered citizens of the counties may also appear and be S heard; but no notices of the proceedings shall be required, 9 except the public notices required by law. The supervi- 10 sors shall, when necessary, procure surveys of town lines 11 and ascertain facts. 1 Sect. 8. County clerks shall publish such notices of Notice of estab- 9 the establishment and changes of county political divisions 3 as the supervisors may prescribe. 1 Sect. 9. The supervisors may, by orders, create new 2 towns, supervisor and fence districts, or alter those previ- 3 ously created, but such orders, if made after the first Mon- 4 day of May, eighteen hundred and seventy-three, shall not 5 take effect, excepting for fence districts, until three months 6 after the regular local elections succeeding the passage of 7 the order. After the first Monday of May, eighteen hun- lishment and change of dis- tricts to be pub- lished. Orders creating new dietricts, when to take effect. Application for creation or alter- 8 dred and seventy-three, no application for the creation of ation of towns or 9 such towns or districts, or the alteration of existing ones, 10 shall be heard unless it shows a.description of the territory 11 to be affected as definite as required by section one of this 12 chapter, and unless it shows that a full notice of the appli- 13 cation and proposed changes has been published at least 14 once a week for four weeks, in a newspaper published in 15 the county, or by printed hand-bills posted thirty days at 16 the court-house and at the office of each town clerk in the 17 county. Any order made under the provisions of this sec- 18 tion is subject to be rescinded at any time before it takes 19 effect. districts, what to set out. Town officers. School directors. road masters and pound masters to be cflicers ot their respective districts. Town trustees and clerks to constitute offi- cers of election districts, Crap. 20. Srcr. 1-3. CHAPTER 20. OFFICERS OF TOWNS AND SUPERVISOR DISTRICTS—THE APPOINT- MENT AND ELECTION OF. SECTION SECTION 1. Town officers. . 8. Supervisors to determine grade by 9. School directors, road masters and whieh officers must be governed. pound masters to be officers of . Amount of bonds to be fixed by uni- their respective districts. form rules. 3. Town trustees and clerks to constitute . Official bonds of supervisors. officers of election districts. . Term of office of town officers. . Town trustees and clerks, appoint- . Town trustees may appoint or remove ment of. road and pound masters. . Election of town officers. . Resignation of officers to be filed. . Supervisors to designate what officers . Removal from office. shall file bonds, and amount there- . Vacancies in town offices, how filled. of. Bonds, how exccuted. . Persons appointed to fill vacancies to . Supervisors to classify towns and es- hold office until successor elected tablish grades of bonds. and qualified. Section 1. Town officers are— First—Three town trustees. Second—Town clerk. Third—Justice of peace. Fourth—Constable. Tifth—School director. Sizth—Road master. Seventh—Pound master. Note.—To comply with the constitutional requirements suggested in the supplemental preface, an assessor, tax collector, and sequen- tially a treasurer and board of assessors and equalization, must be added to the above section. 1 Seer. 2. School directors, road masters and pound o masters shall be officers of school districts, road districts 3 and pound districts, respectively, with such powers and 4 subject to such supervisory control of town trustees, as 5 are prescribed by law. 1 Secr. 3. Town clerks and town trustees shall consti- o tute officers of election districts. The trustees, as organ- 3 ized with a president, shall constitute the election boards, CO DO me SO WwW TO Cmap. 20. Sror. 4—7T. and the town clerk shall be the regular clerk thereof. For the purposes of holding and making up returns of elec- tions, the trustees shall appoint an additional clerk. Sect. 4. Before the first Monday in July, eighteen hundred and seventy-two, the supervisors shall appoint three town trustees and a town clerk for each town, who shall qualify and hold office as in cases of appointments to fill vacancies, as provided in sections eighteen and twenty, chapter ———, first part of this code. The supervisors shall designate one of the number to be presi- dent of the board of trustees. Sper. 5. On the first Wednesday of September, eigh- 9 teen hundred and seventy-two, and every two years there- after, there shall be held in all towns regular local elections, at which shall be elected in and for each town three town trustees, one town clerk, one justice of peace, 5 one school director and one constable; at the same time fo) — — ND = on IT oo Ovex there shall be elected one supervisor for the supervisor district in which the town is situated. They shall be commissioned as provided in chapter (Of Elections). They shall take and attach to their commissions the oath of office, as prescribed in section eighteen, chapter . Sect. 6. The supervisors shall, by orders, designate which of the town officers mentioned in section two, chap- ter twenty, shall execute official bonds, and shall establish the amounts thereof. Such officers shall execute such bonds pursuant to such orders, but subject to the provi- sions of chapter ———, part one (Bonds of Officers), chapter , part one (Of Officers), section nineteen, chapter three, of this part. Sect. 7. In establishing the amounts of bonds of offi- cers mentioned in preceding section, the supervisors shall classify towns into three classes, according to estimated Town trustees and clerks, appointment of. Election of town officers. Supervisors to derigna.e what officers shal file bonds, and the amount thereof. Bonds, how executed. Supervisors to classify towns and establish grades of bonds. Supervisors to determine grade by which officers shall be governed Amount of bonds to be fixed by uniform rules, Official bonds of Supervisors, Term of office of town officers, Town trustees may appoint or remove road and pound masters. ba) Cmar. 20. Secor. 8—12. 4 population, and establish three grades of bonds, substan- 5 6 SO OND Ch WN © © WIS WN pd pd [I tially on the plan provided for county officers in sections fourteen, fifteen and sixteen, in chapter three. Ser. 8. They shall then determine the grade by which the officers (required to execute bonds) of each class of towns shall be governed, or they may order that the town trustees shall determine the same, for all town officers except such trustees. Sect. 9. No special order, fixing the amount of bond of a particular officer, or officers in a particular town, shall be passed, but the amounts of such bonds shall be fixed by the uniform rules provided for in the three preceding sections, applicable to all officers of the same kind and towns of the same class. Sect. 10. Supervisors shall respectively execute offi- cial bonds, according to the class of counties to which they belong, and in sums as follows : First—In counties of the first class, ten thousand dol- lars. Second—In counties of the second class, five thousand dollars. Third—In counties of the third class, two thousand dollars. Such bonds shall be subject to the provisions of chapter , part one (Bonds of Officers), and section nineteen, chapter , part two. Sper. 11. The elective officers provided for in this chapter shall hold office two years, and until their suc- cessors are elected and qualified. Sper. 12. Town trustees shall appoint road masters; also pound masters, when pounds are established, and : remove them whenever the public good requires it. TE EE = EC EE CE Bo 0 = tC Crap. 20. Sect. 13—16. 23 Seger. 13. When town officers mentioned in section Resignation of officers to be filed two, chapter twenty, resign, they shall file their resigna- tions with the town clerk. When supervisors resign, they shall file their resignations with the county clerk. Sect. 14. Any officer mentioned in chapter twenty Removal from may be removed at the suit of any registered citizen, by any court of competent jurisdiction, for any of the follow- ing causes: First—Extortion in office. Second—Habitual intemperance. Third—Wrongfully and knowingly performing illegal acts under color of official authority. Fourth—Bribery in office. Fifth—Corruptly performing any official act, being moved thereto by reward or promise of reward or favor. SEct. 15. Town trustees shall, by appointment, fill Vacancies in town offices, how all vacancies in town offices. Two trustees shall fill the filled. vacancy in the office of the other trustee. If they do not fill such vacancy in trustee’s office in ten days after it occurs, or if there be more than one vacancy, the major- ity of the qualified town officers shall meet, on five days notice from the town clerk, and fill such vacancies. Sect. 16. Persons appointed to fill vacancies in elec- tive town offices shall hold office until their successors are elected, at the next general local election, and qualified. Persons appeiot- ed to fill vacan- cies to hold oftice until successor elected and qualified. 24 Corporate name, Towns to be gov- erned by three trustees, Election of presi- dent of trustees. Quoruin. Chaar. 21. Sect. 1—4. CHAPTER 21. TOWN GOVERNMENTS—CORPORATE NAMES OF TOWNS—POWERS AND DUTIES OF TRUSTEES. SecrIoN SECTION 1. Corporate name. 8. Duties of town clerks. 2. Towns to be governed by three trus- 9. Duties of constables. tees. 10. Duties of justices of the peace. 3. Election of president of trustees. 11. Duties of school directors. 4. Quorum. 12. Duties of road masters. 5. Regular meetings of trustees. 13. Duties of pound masters. 6. Special meetings. 14. Duties of inferior town officers. 7. Powers and duties of town trustees. pt He CO WO © OSC Oe NY Ch i= CO © 9) — Section 1. The name of a town, as given in the order creating it, shall be its corporate name, and it shall have capacity to sue, be sued, appear in, prosecute and defend all actions and proceedings concerning its corporate rights, property and duties. SECT. 2. A uniform system of town government is hereby established, and the powers thereof are vested in three town trustees; but other town officers shall perform such duties pertaining thereto as may be prescribed by law, or by the trustees, acting within their powers. Sect. 3. At the first regular meeting of town trustees after any general local election, the newly-qualified mem- bers shall elect one of their number as president. If they fail to elect on the first day appointed by law for such meeting, the trustee whose name is first in alphabetical order shall be president. If the names of two trustees are identical, the third trustee shall be president. The president shall hold the office until the expiration of his term as trustee. SECT. 4. A majority of the trustees shall form a quo- 2 rum, but it shall require the united votes of such majority to pass an order or do a legal act. - rk eh i 0 No or CC XX pm © NTO — fs 12 13 14 15 16 J NO - SS © OOS OW Cuar. 21. Skcr. 5—T. Sect. 5. Regular sessions of trustees shall be held at the town halls, on the first Wednesday of September, December, March and June, commencing at nine o’clock A. M., and shall be continued from day to day, until the town business is disposed of, but no regular session shall exceed four days duration. Sect. 6. Special sessions may be called by at least two of the trustees, by giving notice, clearly specifying the time and place of meeting and the particular public business to be transacted. Copies of such notice shall be posted ten days, in a conspicuous place, ou the outside of the doer of the town hall, town clerk’s office and town school houses, or published in a newspaper printed in the town, ten days if in a daily paper, or three weeks if in a weekly paper. No business shall be transacted at such special session, unless proof by aflidavit, with copy of notice attached, be first filed, showing the posting or printing required. All acts of the trustees in contraven- tion of the requirements of this section shall be void; also, all acts touching public business not particularly described in such notice. Special sessions may continue until the business for which they are called is disposed of. Sect. 7. Town trustees shall— First—Provide a town hall for holding elections, meet- ings of trustees, and for such other purposes as the trus- tees may prescribe; also, shall provide an office and record books for the town clerk. Second—Lay out, construct and repair town roads and bridges, as prescribed in chapter , and, when nec- essary, prescribe the duties, rules and regulations to govern road masters, so far as they are not prescribed or prohib- ited by chapter ——— or other laws. 4 25 Regular meet- ings of trustecs. Special meetings. Tewn trustees, powers and duties of. en i 26 Town clerks, duties of. 32 =] © Oh up C0 DO Crap. 21. Sect. 8. Third—Establish and maintain public schools, employ school teachers, hire, purchase or build school houses, so far as these powers are not vested in school directors. They shall, when necessary, prescribe the duties, rules and reg- ulations to govern schools and school directors, so far as they are not prescribed or prohibited by the provisions of chapter , part one (Schools). Fourth—In their discretion, establish pounds, appoint pound masters and prescribe rules and regulations for the government of the same, 80 far as they are not prescribed or prohibited by the provisions of chapter — (Pounds). Fifth—Levy taxes for road, school and current expense purposes, under such limitations as are prescribed by law, and order the clerk to transmit a copy of such levy to the county auditor. Sixzth—Audit all accounts against the town and order the clerk tor draw warrants for the amounts allowed on the proper town fund in the county treasury. Seventh— Appoint such inferior executive officers, boards and agents as may be necessary for the execution of their corporate powers and shall perform all other duties re- quired by law. NoTte.—It was intended that when the proof should be read, respective limitations of respective powers of trustees should be inserted at the end of respective clauses in section 7, chapter 21, but, for rcasons explained in supplemental preface, the whole sub- ject is postponed until the commission receive further light, hoping it may come from the local communities and the supreme court. Seer. 8. Town clerks shall— First—Be the legal custodians of all books, papers and records belonging to the towns, road districts, school dis- tricts and election districts. Second—Shall record, in large plain hand-writing, and in suitable well bound books, all proceedings of town trus- tees, including those concerning pounds, roads, schools and elections, and make full indexes thereof. ry my NW =u 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 © 0 IO Oe WO pj CO VO = Oo CN Cmar. 21. Sect. 9—10. Third—Shall file all papers required by law to be filed in their offices, and properly classify the same; also, make an alphabetical index registration of all papers filed by him, showing the description of papers and names of per- sons executing the same, or the proceedings in which they are filed. Fourth—Shall draw town warrants on town funds in county treasury, when ordered by the trustees. Fifth—May administer oaths, take affidavits and depo- sitions ; also, acknowledgments of deeds, and all other instruments required by law to be acknowledged. Sizth—Shall perform the duties of public administrator within their towns. Seventh—Shall perform such other duties as the trustees shall, within their powers, prescribe ; also, such as are prescribed by law. Sect. 9. Constables shall— First—Attend the courts of justices of the peace within their towns, whenever so required, and shall, within their counties, execute, serve and return all process and notices directed or delivered to them by a justice of the peace of such county, or by any competent authority. Second—DPerform the duties of sheriff in all cases where the sheriff is interested in or a party to the proceedings to which such duties pertain. Third—Be governed by the provisions of chapter five (Sheriffs), which chapter, except the fourth and sixth sub- divisions of section two, shall apply to constables, and govern their powers, duties and liabilities. Seer. 10. Justices of the peace shall perform the duties of coroner within their towns, and such duties as (Courts of Justice) ; also, are prescribed in chapter such as are otherwise prescribed by law. 27 Constables, duties of. Justices of the peace, duties of. 28 Schon! directors, duties of. Road masters, duties of. Pound masters, duties of. Inferior town officers, duties of. Town trustees, compensation of. SECTION Crap. 22. SEcr. 1. Seer. 11. School directors shall have the immediate personal supervision of public schools, and shall perform 3 such duties in connection therewith as are prescribed by 4 law, or by the town trustees. [SR Seer. 12. Road masters shall have the immediate per- sonal direction of the construction and repair of roads and bridges, under such limitations, rules and regulations as , part two, or by the B= Ww No = are prescribed by chapter town trustees. in Seer. 13. Pound masters shall take charge of and keep the public pounds, under such limitations, rules and —, or by the regulations as are prescribed in chapter = WW NO ~~ town trustees. Seer. 14. Inferior town officers shall perform such 2 duties as prescribed for them in the respective laws or 3 orders creating them and defining their powers. fd CHAPTER 22. TOWN OFFICERS—COMPENSATION OF OFFICERS. SECTION 1. Town trustees, compensation of. 5. Pound masters, compensation of. 2. Town trustees to determine compen- 6. Supervisors, compensation of. sation of certain town officers. 7. Compensation of officers not to be 3. Town clerks, fees of. affected during term of office, nor 4. Justices of the peace and constables, for three months preceding. fees of. Section 1. Supervisors shall determine whether town trustees shall receive compensation. If compensation is ordered, they shall establish the amount of the same by uniform rules, by classifying the towns into three classes, according to estimated population, and making three grades of compensation, and designating the particular 1 2 3 4 5 6 oO =~ ww 0 m= Cnaar. 22. Spor. 2-1. grade to govern the trustees of towns of each particular class. Seer. 2. Town trustees shall determine whether town Town trustees to determina com- clerks, for public business, road masters and school direc- pensation of cer- tain town officers tors, shall receive compensation. If such compensation is ordered, they shall determine the amounts of the same. Sect. 3. Town clerks, for other than public business, Town ders, fees of, shall receive the same fees as justices of peace in the same towns for like business. ; Sect. 4. Fees of justices of peace are as prescribed in sustices of tho peace and con- chapter ——— ; of constables, as prescribed in chapter stables, fees of. Sect. 5. Pound masters shall receive such compensa- Pouni masters. compensaticn of, tion as is prescribed by law in chapter ———— (Pounds), or 3 as may be prescribed by trustees in cases not provided for pm 0 Sh i CO DN by law. SEcT. 6. Compensation of supervisors isas provided in supervisors compen:ation « f, chapter ———. cl Al . . - Sect. 7. The compensation of officers mentioned in Compensation of officers not to be this chapter shall not be established, increased or dimin- jected Saris term of office, : c. ‘ : : for three ished during the period for which such officers are elected months preced- ing, or appointed, nor within three months preceding such election or appointment. END OF TITLE END OF REEL. PLEASE REWIND.