Town

This terni is differently used in different parts of the United States, in some regions signifying a civil division of a county, irrespective of incorporation or powers of government, such as is elsewhere called a township; in others, denoting a species of municipality more highly organized than a village, and less so than a city. What would best harmonize the varying usage as to the word would probably be to say, that counties throughout the United States are generally divided into townships, which are divisions of territory, made irrespective of settlement or local government; these townships adjoin each other, and completely fill the county. Then, when the number of inhabitants in any distinct settlement becomes large enough to require formation of a political municipality, one is erected; and this will be either a village, a town, or a city, according to the number and needs of the inhabitants, — a city being, in general, characterized by enofficers, whii* a town is marked by a reservation of power to the inhabitants to decide general questions in public meeting of the voters, execution of their will, in matters of detail, being the chief function of the corporate officers. But this is only a very general outline, and cannot be applied in all the states, without consideration of the local law and usage. By scanning the points from American decisions, given below, which are chiefly from recent reports, selected to indicate present usage, it will be seen that "town" is generally used in connections evincing that a body politic, an incorporated municipality, is meant; and "township" very frequently may mean only a territorial division, a unit of survey. Yet instances occur in which " town " has the meaning of a territorial division only; and it is sometimes thought necessary to avert that construction, when a municipal government is mentioned, by using the phrase " incorporated town." Town is a walled place or borough: the old boroughs were first of all towns; and upland towns, which are not ruled and governed as boroughs, are but towns, though enclosed with walls. (Finch, 80.) There ought to be in every town a constable or tithing-man; and it cannot be a town unlei*! it has, or had, a church, with celebration •>! sacraments and burials, &c. But if a ton n is decayed so that it hath no houses 1< ft, yet it is a town in law. (1 Inst. 115.) Under the name of a town or village, boroughs, and, it is said, cities are contained; for every borough or city is a town. Jacob. A village and a town are not identical. A village is ordinarily less than a town, and more occupied by agriculturists; yet the two cannot be definitely distinguished by the size of the place or employment of the inhabitants. Truax v. Pool, 46 Iowa, 256. " Town," in a general statute, may well include cities, where that meaning is indicated by the general purpose of the enactment.

Commissioners v. Mc Gurrin, 6 Daly, 349.

It is sometimes employed to designate a township.

Harris v. Schryock, 82 m. 119.

In Arkansas, there is no precise legal definition of the term town, and it is supposed to have been used in the statute in its popular sense. At " Cadron," the courts for the county ware held from 1826 to 1828, but never afterwards; it was never incorporated; it was abandoned In 1831, and continued abandoned until 1845 or 1846; in 1855, there was one store, doing business to was a dwelling-house for two families, and out-houses; the population consisted of two families, numbering six persons; there was one warehouse, from which produce was shipped, varying in value from $200 to $1,500 per annum. It was held that to call this a town would be an obvious misapplication of the term.

Murray v. Menefee, 20 Arh. 561.

A township voted stock in a company, which afterwards was merged in a new one hy consolidation; and it was held that a subsequent subscription by the township to the new company was unauthorized.

Harshman V. Bates County, 3 Dill. 150.

A town which, as a corporation, has voted and issued bonds, is estopped, when sued by an innocent holder of such bonds, from setting up as a defence that it was never incorporated. Aller u.

Cameron, 3 Dill. 198.

The constitution of Illinois, which came into operation July 2, 1870, annulled the power of any city, town, or township to make donations or allow its credit to a railroad company; and, after that date, rendered ineffective the act of 1867, authorizing towns acting under the township organization law of the state to appropriate money to aid in the construction of a certain railroad.

Concord v. Portsmouth Sav. Bank, 92 V. S. 625.

Notwithstanding an incorporated town is changed to a city, the municipality remains the same under its new organization as in its former condition; and any debt incurred while a town continues to be the debt of the corporation as a city.

Olney v. Harvey, 50 III. 453.

Townships are incorporated not as cities and villages are, for their own benefit, and by their assent, but like counties, as mere civil divisions of the state; hence are not liable for neglect to keep highways in repair, except for such penalty as may be expressly imposed.

Waltham v. Kemper, 55