Chapter 43

Section 43:1

    43:1 Hearings by Selectmen. – On petition to the selectmen for the laying out or altering of highways, or for laying out lands for any public use, and generally for the purpose of deciding any question affecting the conflicting rights or claims of different persons, their proceedings shall be governed by the following rules.

Source. GS 233:1. GL 43:1. PS 45:1. PL 49:1. RL 61:1.

Section 43:2

    43:2 Notice of Hearing. – They shall appoint a time and place of hearing, and order notice thereof to be given to all persons whose property or rights may be directly affected by the proceeding, by giving to them or leaving at their abode an attested copy of the petition and order 14 days at least before such hearing, or, if such persons are nonresidents, by publication. If the owner is under guardianship such notice shall be given to his guardian. If the owner is a minor, or under any legal disability, the judge of probate may appoint a guardian for such person, to whom notice shall be given.

Source. RS 49:3. CS 52:3. GS 233:2. 1870, 28:1. GL 43:2. PS 45:2. PL 49:2. RL 61:2.

Section 43:3

    43:3 Posting of Notice. – Notice shall be given to all other persons interested by posting a like copy in one of the most public places in the town or district affected by the petition, and by leaving a like copy at the abode of the clerk of such town or district a like time before the hearing.

Source. GS 233:3. 1878, 7:1. GL 43:3. PS 45:3. PL 49:3. RL 61:3.

Section 43:4

    43:4 Hearing; Record. – They shall hear all parties who desire to be heard, and examine them and their witnesses under oath, which either of the selectmen may administer; they may adjourn when they deem it necessary; and they shall make their decision in writing, and cause the petition, order of notice, evidence of service and their decision to be filed in the town clerk's office and recorded at length upon the town records; and their decision shall be of no force or effect until the same is done.

Source. GS 233:4. GL 43:4. PS 45:4. PL 49:4. RL 61:4.

Section 43:5

    43:5 Hearings by Other Officers. – The same rules shall apply to and govern the proceedings of fence-viewers, school boards, village commissioners, committees appointed by the selectmen and all town officers when they are applied to or appointed to decide any question affecting the rights or claims of individuals, saving that other or shorter notice, when required or allowed by statute, shall be sufficient.

Source. RS 136:13. CS 77:3; 142:13. GS 233:5. GL 43:5. PS 45:5. PL 49:5. RL 61:5.

Section 43:6

    43:6 Disqualification. – No selectman or other officer shall act, in the decision of any such case, who would be disqualified to sit as a juror for any cause, except exemption from service, in the trial of a civil action in which any of the parties interested in such case was a party.

Source. GS 233:7. GL 43:7. PS 45:6. PL 49:6. RL 61:6.

Section 43:7

    43:7 Appointment by Board to Fill Place of Disqualified Officer. – The place of a selectman or other officer so disqualified shall be supplied by appointment, by the other members of the board, of a qualified person who has theretofore holden the same office in the town, or, in the case of committees, by a new appointment.

Source. GS 233:8. GL 43:8. 1881, 16:1. 1883, 103:1. PS 45:7. PL 49:7. RL 61:7.

Section 43:8

    43:8 Appointment by Court Where Whole Board is Disqualified. – If in any case the whole board is disqualified the selectmen shall, in writing, so inform some justice of the superior court, who shall thereupon, with or without notice, appoint a new board for that case from qualified persons who have before holden the same office in the town, if such there be, otherwise from qualified persons, residents of another town, who have holden the same office.

Source. GL 46:8. 1881, 16:1. 1883, 103:1. PS 45:8. PL 49:8. RL 61:8.