Studies in Civics · Chapter 40Appendix A.—Forms
This chapter is not translated yet. You are reading the original.
I. Organization of a Town.
To the board of county commissioners of the county of __________,__________ : The undersigned, a majority of the legal voters of congressional township number ______ north, of range number ______ west, in said county, containing not less than twenty-five legal voters, hereby petition your honorable board to be organized as a new town under the township organization law, and respectfully ask that you forthwith proceed to fix and determine the boundaries of such new town and to name the same (giving the proposed name.)
(Dated, and signed by a majority of all the legal voters in the town.)
State of __________, county of __________, ss.
Upon receiving a petition of a majority of all the legal voters of congressional township number ______ north, of range number ______ west, in said county, asking that the same be organized as a new town under the township organization law, to be named __________, we, the county commissioners of said county did, on the ______ day of A.D. 18______, proceed to fix the boundaries of such new town and name the same __________, in accordance with the said petition, and designated __________ as the place for holding the first town meeting in such town, to be held on __________, 18______. The boundaries of said town of __________, as fixed and established by us, are as follows: (Beginning at the southeast corner of section ______, town ______ north, of range ______ west, thence west on the township line ______ to the southwest corner of section ______, town and range as aforesaid, thence north, &c., giving the boundary lines complete.) Given under our hands this ______ day of __________, 18______.
[Auditor's official seal.]
(Signed by the Commissioners.)
Attest: O.J., County Auditor.
II. Elections.
Notice is hereby given, that on Tuesday, the ______ day of November, 18_____, at ___________, in the election district composed of the __________, in the county of __________, and state of __________, an election will be held for (here name the state, judicial, congressional, legislative and county officers to be elected); (if constitutional amendments are to be submitted, add:) also the following amendments to the constitution of the state will be submitted to the people for their approval or rejection, viz.: amendment to section _____, article _____, of the constitution (naming each one proposed); (and if any special matters, such as removal of county seat, &c., are to be voted on, then specifically state them); which election will be opened at nine o'clock in the morning, and will continue open until five o'clock in the afternoon of the same day, at which time the polls will be closed.
Dated at ________ this _____ day of October, 18____.
C.O.S., Town Clerk (or City or Village Recorder.)
List of qualified electors in the election district composed of the __________ of __________, in the county of __________, and state of __________, for an election to be held in the said election district, on Tuesday, the _____ day of November, 18_____:
Adams, James | Little, Joseph Babcock, George | Mann, Oscar.
(Write the surnames in alphabetical order, and leave sufficient space between the alphabetical letters to insert all additional names.)
Notice is hereby given that the undersigned judges of election of said election district, will be present at the __________, in said __________, at the times named below, for the purpose of making corrections in the foregoing list, viz.: On "Wednesday, October _____, and (here insert the days and times of the day they are to meet), from 9 o'clock A.M. till 4 o'clock P.M. of each day, and also on the morning of election day, from 7 o'clock A.M. to 9 o'clock A.M."
Given under our hands this _____ day of October, 18_____.
(Signed by all the judges of election.)
At the annual (special) town meeting held in the town of __________, county of __________, state of __________, at _____, on the day of _____, 18 _____, the meeting was called to order by R.G., town clerk. M.J.H. was then chosen to preside as moderator of the meeting.
The moderator, at the opening of the meeting, stated the business to be transacted and the order of the same as follows: That the business to be transacted would be to elect three supervisors, &c., (stating the officers to be elected,) and to do any other business proper to be done at said meeting.
That said business would be entertained in the following order: 1st—The election by ballot of town officers, the polls to be kept open throughout the day. 2d—At one o'clock P.M., election of overseers of highways for each road district in the town. 3d—That immediately following the election of overseers of highways the general business of the town would be taken up and proceeded with until disposed of.
Proclamation of opening the polls was then made by the moderator and the polls opened and the election of town officers proceeded.
The hour of one o'clock P.M. having arrived and the general business of the town being now in order, the following named persons were elected, by ayes and noes, overseers of highways for the ensuing year in the following road districts, viz.: (here give the numbers of the road districts and the names of the persons elected overseers thereof.)
A.B. was elected poundmaster of said town. On motion, ordered that a pound, &c., (give the location, cost, &c., of pound, if ordered.)
The following three places were determined and designated by the voters present as the most public places in said town for the posting up of legal notices, and suitable posts for such purpose were ordered to be erected or maintained by the supervisors at each of such places, viz.: (describe the places.)
The supervisors submitted to the electors a report of all the places at which guide posts are erected and maintained within the town, and of all places at which, in their opinion, they ought to be erected and maintained. Thereupon, it was ordered that guide posts be erected and maintained at the following places, viz.: (describe the places.)
The town clerk read publicly the report of the board of auditors, including a statement of the fiscal concerns of the town and an estimate of the sum necessary for the current and incidental expenses of the town for the ensuing year.
The supervisors rendered an account in writing, stating the labor assessed and performed in the town, the sums received by them for fines and commutation, &c.; a statement of the improvements necessary to be made on the roads and bridges, and an estimate of the probable expense of making such improvements beyond that of the labor to be assessed for this year, that the road tax will accomplish; also a statement in writing of all expenses and damages in consequence of laying out, altering or discontinuing roads.
On motion, it was ordered that the following sums of money be raised by tax upon the taxable property in said town for the following purposes for the current year: (enter the specific amounts carefully.)
On motion of H.S.H.H., the following by-law was adopted, ayes _____, noes _____: "It is hereby ordered and determined that it shall be lawful for horses, mules and asses to run at large in the town of __________, in the day time, from the first day of April to the 15th day of October, in each year, until further ordered."
On motion, it was resolved, &c., (set forth in order each resolution or order as it transpires.)
The next annual town meeting was ordered to be held at (naming the place.)
At five o'clock the polls were closed, proclamation thereof being made by the moderator. The judges then proceeded to publicly canvass the votes, and the persons having the greatest number of votes for the respective offices voted for were declared elected.
STATEMENT OF RESULT OF CANVASS. (To be read publicly.)
The following is a statement of the result of the canvass of votes by ballot for the election of officers at the annual town meeting in the of __________, county of __________, and state of __________, March _____, 18_____, as publicly canvassed by the judges at said meeting:
H.B. had _____ votes for chairman of supervisors.
J.L. had _____ votes for chairman of supervisors.
H.B. was declared elected chairman of supervisors.
(In this way give a statement of the votes cast for each officer.)
On motion the meeting adjourned without day.
J.H.T., C.O.C., Judges
Attest: R.G., Clerk.
State of __________, county of __________, town of __________, ss.
I, J.A., do solemnly swear (or affirm) that I will support the constitution of the United States and of the state of __________, and faithfully discharge the duties of the office of __________ of the town of __________, in the county of __________, and state of __________, to the best of my ability. J.A.
Subscribed and sworn to before me this _____ day of __________ A.D. 18_____
T.S., Justice of the Peace.
Know all men by these presents, that we, R.S., as principal, and B.B.S. and J.E. as sureties, all of the county of __________, and state of __________, are held and firmly bound unto J.D.E., E.C., and E.E., as supervisors of the town of __________, in said county, and their successors in office, in the sum of (five hundred) dollars, lawful money of the United States of America, to be paid to them as such supervisors, their successors or assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals dated the _____ day of __________, 18_____.
The condition of the above obligation is such, that whereas, the above bounded R.S. was, on the _____ day of __________, A.D. 18_____, duly elected (or appointed) __________ in and for the town of __________, in said county, for the term of __________, and is about to enter upon the duties of said office; now, therefore, if the said R.S. shall, will and does faithfully discharge all his duties as such __________ in and for said town, then the above obligation to be void, otherwise to remain in full force and virtue.
R.S. [Seal.] B.B.S. [Seal.] J.E. [Seal.]
Sealed and delivered in presence of
J.B. and G.J.
State of __________, County of __________, ss.
On this _____ day of __________, A.D. 18_____, before me, the subscriber, a __________ in and for said county, personally appeared __________ to me known to be the person described in, and who executed the foregoing instrument, and acknowledged that he executed the same as __________ free act and deed.
County of __________, ss. B.B.S. and J.E., being duly sworn, say each for himself, that he is surety in the within bond; that he is a resident and freeholder of the state of __________, and that he is worth the sum of (five hundred) dollars over and above his debts and liabilities, and exclusive of property exempt from execution.
B.B.S. and J.E.
Subscribed and sworn to before me, this _____ day of __________, 18_____.
W.R.P., Justice of the Peace.
(After folding the instrument the approving officer must indorse on its back the following words:) "I hereby approve the within bond and the sureties therein contained, this _____ day of __________, 18_____."
(Signed officially by the approving officer.)
State of __________, county of __________, town of __________, ss.
To H.A.B., (address,) clerk of the district court of the county of __________.
You are hereby notified that at the _____ town meeting held in the town of __________, in the county of __________, and state of __________, on the _____ day of March, A.D. 18_____, P.E.C. was duly elected to the office of justice of the peace, for the term of two years. (If elected to fill a vacancy, state who was the last incumbent.) Given under my hand, this _____ day of March, A.D. 18_____.
A.R., Town Clerk.
III. Roads.
To the supervisors of the town of __________, in the county of __________, and state of __________:
The undersigned, legal voters (who own real estate, or who occupy real estate under the homestead or pre-emption laws of the United States, or under contract from the state of __________, within one mile), (or who are freeholders and residents of the town within two miles) of the road to be laid out (or altered, or discontinued), hereby petition you to lay out a new road (or alter, or discontinue a road) as follows: Beginning (give the point at which it is to commence, its general course and its termination.)
The description of the lands over which the said (new) road passes, and the names of the owners thereof which are known, as well as the lands whose owners are unknown, are as follows: (Give the owners of the lands that are known and describe the lands whose owners are unknown.)
And your petitioners pray that you will proceed to lay out said new road and cause the same to be opened (or alter, or discontinue said road) according to law. (Dated, and signed by at least six resident legal voters owning real estate or occupying United States or school lands within one mile, or at least eight resident freeholders within two miles of the road.)
State of __________, county of __________, town of __________, ss.
D.S. being sworn, says, that on the ______ day of __________, 18______, he posted copies of the within petition in three of the most public places of said town, to-wit: At (naming the places.) _________________________ D.S.
Subscribed and sworn to before me this ______ day of __________, 18______.
E.W.R., Justice of the Peace.
Notice is hereby given that the supervisors of the town of __________, in the county of __________, and state of __________, will meet on the ______ day of __________ A.D. 18______, at ______ o'clock in the ______noon, at __________, in said town, for the purpose of personally examining the route named below, proposed for a new (or altering, or discontinuing a) road, and for hearing all reasons for or against said proposed laying out (or altering, or discontinuance) and deciding upon said application. Said proposed new road (or alteration, or discontinuance) as described in the petition is as follows: (Here give the description of the route as contained in the petition.)
The several tracts of land through which said road will pass (passes) and the occupants thereof, as nearly as we can determine the same, are as follows: (Give a description of the lands and the names of the occupants, and if any have no occupants and the owners are unknown, state that fact.) (Dated, and signed officially by the supervisors.)
State of __________, county of __________, town of __________, ss.
D.S. being sworn, says that on the ______ day of __________, A.D. 18______, he served the within notice upon each of the occupants of the land through which the within described road may pass, by leaving copies as follows: To A.B. personally; to C.D. at his usual place of abode with E.F., a person of suitable age and discretion, (describing each service.)
That, also, on the ______ day of __________ A.D. 18______, he posted copies of the within notice in three public places in said town, to-wit: At (naming the places.)
Subscribed and sworn to before me this ______ day of __________, 18______.
E.W.R., Justice of the Peace.
State of __________, county of __________, town of __________, ss.
Whereas, upon the petition of (six) legal voters, owning real estate, or occupying real estate under the homestead or pre-emption laws of the United States, or under contract from the state of __________, within one mile (or eight legal voters, freeholders and residents of the town, within two miles), of the road proposed in said petition to be laid out (altered or discontinued), copies of said petition having been first duly posted up in three of the most public places of said town at least twenty days before any action was had in relation thereto, proof of which posting was duly shown to us by affidavit; Which said proposed new road (alteration or discontinuance) is set forth and described in said petition as follows, viz.: Beginning, etc., (set forth the road as given in the petition.)
And whereas, upon receiving said petition we did, within thirty days thereafter, make out a notice and fix therein a time and place at which we would meet and decide upon such application, to-wit: on the day of _____, A.D. 18_____, at __________, causing copies of such notice to be posted in three public places in said town, at least ten days previous to such meeting; and having met at such time and place as above named in said notice, and being satisfied that the applicant had, at least ten days previous to said time, caused said notice of time and place of hearing to be given to all the occupants of the land through which such highway might pass, by serving the same personally or by copy left at the usual place of abode of each of said occupants, proof of which was shown by affidavit, we proceeded to examine personally such highway and heard any and all reasons for or against laying out (altering or discontinuing) the same, and being of the opinion that such laying out (or altering, or discontinuing,) was necessary and proper and that the public interest would be promoted thereby, we granted the prayer of said petitioners and determined to lay out (alter or discontinue) said road, the description of which as so laid out is as follows, to-wit: Beginning, &c.
It is therefore ordered and determined that a road be and the same is hereby laid out (or altered) and established according to the description last aforesaid, and it is hereby declared to be a public highway, four rods wide, the said description above given being the center of said road.
Given under our hands, this, &c., (dated and signed officially by the supervisors.)
To the supervisors of the town of __________, county of __________, and state of __________:
The undersigned having been employed by you to make a survey of a road in said town would report that the following is a correct survey thereof, as made by me under your directions, to-wit: (Give an accurate description of the road by course and distance) and that below is a correct plot of said road according to said survey. (Dated and signed.)
State of __________, county of __________, town of __________, ss.:
Whereas, a road was laid out (or altered or discontinued) on the _____ day of __________, A.D. 18_____, by the supervisors of the said town of __________, on the petition of (six) legal voters, owning real estate, or occupying real estate under the homestead or pre-emption laws of the United States, or under contract from the state of __________, within one mile (or eight legal voters freeholders and residents of the town within two miles) of said road; which said road (or alteration, or discontinuance) is set forth and described in the supervisors' order, as follows, viz.: Beginning (describe the road as in the order laying it out); which said road passes through certain lands owned by us as described below:
Now, therefore, know all men by these presents, that we, the owners of the lands described below, for value received, do hereby * release all claims to damages sustained by us by reason of the laying out (or altering, or discontinuing) and opening said road through our lands, viz.: (Here give a description of the lands and their owners' names.)*
In witness whereof, we have hereunto set our hands and seals this day of __________, A.D. 18_____. (Signatures and seals.) Signed, sealed and delivered in presence of two witnesses.
(Use form "Release of Damages" to the * then substitute to the next * as follows:) do hereby "agree to and with the said supervisors that the damages sustained by us by reason of laying out (or altering, or discontinuing) said road be ascertained and fixed, and the same are hereby ascertained and fixed as follows: (Describe the lands, give the owners' names, and the amounts agreed on;" and conclude as in form "Release of Damages.")
State of __________, county of __________, town of __________, ss.:
Whereas, a road was laid out (or altered or discontinued) on the day of __________, A.D. 18_____, by the undersigned supervisors of the said town of __________, on the petition of (six) legal voters, owning real estate, or occupying real estate under the homestead or pre-emption laws of the United States, or under contract from the state of __________, within one mile (or eight legal voters, freeholders and residents of the town within two miles) of said road; which said road (or alteration, or discontinuance) is set forth and described in the supervisors' order as follows, viz.: Beginning (describe the road as in the order laying it out.) And not being able to agree with the owners of the following described lands, claiming damages by reason of said highway passing through, we have assessed the damages to each of such individual claimants with whom we could not agree, and awarded damages to the owners of such lands through which such highway passes as are unknown, at what we deemed just and right; taking into account and estimating the advantages and benefits the road will confer on the claimants and owners, as well as the disadvantages. We have assessed and awarded damages as follows:
(Here give a particular description of each tract of land and its owner, if known; but if not known, state that fact also.)
And in case of the following lands and claimants for damages, we estimate that the advantages and benefits said road will confer on them are equal to all damages sustained by them by reason of laying out (or altering, or discontinuing) said road, to-wit: (Set forth lands and owners as far as known; and describe the unknown lands, stating that the owners are unknown.) (Dated, and signed by the supervisors.)
State of __________, county of __________, town of __________, ss.
To J.P., justice of the peace in and for said county:
I, J.A.B., of said town, feeling myself aggrieved by the determination (award of damages) made by the supervisors of said town (county commissioners of said county) by their order bearing date the _____ day of __________, A.D. 18_____, in laying out (altering or discontinuing) (or refusing to lay out, alter or discontinue) a highway in said town (county), do hereby appeal to you for a jury to be summoned by you to hear and determine such appeal.
The highway (alteration or discontinuance) in question is described in said order, filed in the town clerk's (county auditor's) office of said town (county) ________, A.D. 18_____, as follows: (describe the road, as in the order on file), which said road passes through lands owned by me, viz.: (describing them.)
The grounds upon which this appeal is brought, are: (to recover $80 damages to my said land by reason of such laying out, instead of $40 as awarded in said order) (or, in relation to the laying out, or altering, or discontinuing said highway;) (or their refusal to lay out, or alter, or discontinue said highway;) (or said appeal is brought to reverse entirely the decision of the said supervisors or commissioners;) (or is brought to reverse that part of their order [specifying which part,] &c.) (Dated and signed by the appellant.)