Sect.  40.    If  a  person  so  chosen  and  summoned,  who  is  not  exempt  by  Penalty  for  not
law  from  holding  the  office  to  which  he  is  elected,  shall  not  within  seven  of'office.'"^  °**^
days  take  the  oath  of  office  before  the  town  clerk,  or  before  a  justice  of  «•  S- 15;§40.
the  peace,  and  file  with  the  town  clerk  a  certificate  thereof  under  the  '^  ^''*^'  ^^^'
hand  of  such  justice,  he  shall,  unless  the  office  to  which  he  is  chosen  is
14*  21


1G2


TOWNS  —  CLERK,    SELECTMEN.
[Chap.  18.
Offices  vacated
by  removal
from  town.
R.  S.  15,  §  41.
1  Pick.  129.
Selectmen  to
appoint  tem-
porary treas-
urer and  col-
lector, when,
&c.
1838,  43.
1  Met.  524.
4  Gray,  253.
Vacancies  in
town  offices,
how  filled.
K.  S.  15,  §  42.
1855,  8.
Exemption
from  liability  to
hold  town  of-
fices.
R.  S.  15,  §§  43,
69.
K.  S.  18,  §  17.
that  of  constable  or  some  other  for  which  a  different  penalty  is  provid-
ed, forfeit  five  dollars.
Sect.  41.  A  person  removing  from  the  town  in  which  he  holds  a  town
office,  thereby  vacates  such  office.
Sect.  42.  When  the  office  of  treasurer  or  collector  of  taxes  is  vacant
by  reason  of  death,  removal,  or  other  cause,  or  when  the  treasurer  or
collector  is  prevented  from  performing  the  duties  of  his  office,  the  select-
men of  the  town  may  by  writing  under  their  hands  appoint  a  treasurer
or  collector  pro  tempore^  who  shall  be  sworn  and  give  bonds  in  like
manner  as  treasurers  and  collectors  chosen  by  towns,  and  hold  his  office
until  another  is  chosen.
