197 Mass. 531 | Mass. | 1908
The single question presented is whether, after it has been voted at a town meeting to postpone indefinitely an article in the warrant to see whether the town will accept a street as laid out by the selectmen, the town can, at a subsequent meeting called upon a new warrant containing an appropriate article, vote to accept the same street as originally laid out, without further or renewed action by the selectmen touching the subject. Primarily it is necessary to ascertain the meaning of the vote to indefinitely postpone the acceptance of the street. It is of assistance in interpreting language to consider the nature of the body or person by whom it is used. A town meeting is a single gathering of the voters of a town, called for the purpose of considering only those subjects distinctly set forth in the warrant by which the citizens are summoned. Such a meeting, although commonly consisting of but a single session, may be adjourned from time to time in order to finish its business. It is not self-perpetuating nor is it a legislative body with fixed sessions. It passes out of existence with the performance of the particular duties which called it into being. Its dissolution without affirmative action as to any of the matters properly before it is ordinarily equivalent to their rejection. The meeting, once dissolved, never can be brought into being again. Other business of the town can be transacted only at a new meeting, called
It remains to inquire whether, under these circumstances, the town can act a second time upon the subject without a new layout by the selectmen. The statute governing this laying out of a town way is Pub. Sts. c. 49, §§ 65, 67-71, inclusive. R. L. c. 48, §§ 65, 67-71, inclusive. The procedure marked out requires an adjudication by the selectmen or road commissioners,
The result is that the public way laid out over the land in question was not legally accepted.
Exceptions overruled.