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Section 42:1 – Oath Required.

    42:1 Oath Required. – Every town officer shall make and subscribe the oath or declaration as prescribed by part 2, article 84 of the constitution of New Hampshire and any such person who violates said oath after taking the same shall be forthwith dismissed from the office involved. Source. RS 35:1. CS 37:1. GS […]

Section 42:1-a – Manner of Dismissal; Breach of Confidentiality.

    42:1-a Manner of Dismissal; Breach of Confidentiality. – I. The manner of dismissing a town officer who violates the oath as set forth in RSA 42:1 shall be by petition to the superior court for the county in which the town is located. II. Without limiting other causes for such a dismissal, it shall […]

Section 42:2 – Before Whom.

    42:2 Before Whom. – The moderator, town clerk, one of the selectmen or a justice of the peace are authorized to administer the oath required by this chapter. Source. RS 35:2. CS 37:2. GS 38:2. GL 41:2. PS 44:2. PL 48:2. RL 60:2. RSA 42:2. 1969, 372:5, eff. Aug. 31, 1969.

Section 42:3 – Swearing in of Officers.

    42:3 Swearing in of Officers. – Any person elected to an office where no other person was a candidate on the ballot for that office and no write-in candidate received 5 percent or more of the votes cast for that office, may be sworn in after the results are declared from the election and […]

Section 42:4 – Notice to Take.

    42:4 Notice to Take. – The town clerk shall immediately, or in accordance with the time adopted by the governing body, if one has been adopted, direct a constable or police officer to notify the persons so chosen or notify such persons by registered mail, return receipt requested, to appear before the clerk within […]

Section 42:5 – Neglect to Notify.

    42:5 Neglect to Notify. – Any constable or police officer neglecting his duty in any of the foregoing particulars shall be guilty of a violation. One-half of all fines collected hereunder shall inure to the use of the town and the remaining 1/2 shall inure to the use of the county. Source. RS 35:5. […]

Section 42:6 – Penalty for Neglect to Appear.

    42:6 Penalty for Neglect to Appear. – Every person so chosen and notified, not by law exempt from serving, who shall neglect, for 6 days after personal notice, or notice left at the person’s abode, or after the person’s return in the case of absence when such notice was left, but in no case […]

Section 42:7 – Exception.

    42:7 Exception. – Any person so chosen and notified, who shall take the oath of office before one of the selectmen or a justice of the peace, and file a certificate thereof with the town clerk within said 6 days, shall be exempt from such penalty. Source. RS 35:7. CS 37:7. GS 38:7. GL […]

Section 42:8 – Record.

    42:8 Record. – The town clerk shall make a record of every oath of a town officer taken in open town meeting at the time of the election, and of every such oath taken before him at any other time and place, the import of which record may be that the officer took the […]