CHAPTER 35: OTHER OFFICIALS

Section

Policemen: Liability of Town

   35.01   When town liable for acts of policemen

   35.02   When action may be instituted

   35.03   Time limitation on instituting; notice required

Sealer of Weights and Measures

   35.05   Appointed and duties

Justices of the Peace

   35.10   Number allowed

Constables

   35.15   Election; term of offices

Town Attorney

   35.20   Limitations on authority to compromise and settle claims against the town

POLICEMEN: LIABILITY OF TOWN

§ 35.01 WHEN TOWN LIABLE FOR ACTS OF POLICEMAN.

   The town, notwithstanding any inconsistent provision of law, general, special or local, shall, upon the adoption of §§ 35.01 to 35.03, inclusive, pay on behalf of any duly appointed policeman of the town all sums which the duly appointed policeman shall become obligated to pay by reason of the liability imposed upon the duly appointed policeman by law for damages to person or property, provided the duly appointed policeman, at the time of the occurrence, accident, injury or damage complained of, was acting in the performance of his duties and within the scope of his employment in the discharge of a duty imposed by law upon the duly appointed policeman of the town, and provided the occurrence, accident, injury or damage was not the result of any willful or wanton act of the duly appointed policeman in the discharge of his duty.

('66 Code, § 50-1)

Cross-reference:

   See Charter, Ch. X

§ 35.02 WHEN ACTION MAY BE INSTITUTED.

   No action or proceeding instituted pursuant to the provision of § 35.01 hereof shall be prosecuted or maintained against the town or duly appointed policeman unless at least 30 days have elapsed since the demand, claim or claim upon which the action or special proceedings is founded were presented to the clerk of the legislative council.

('66 Code, § 50-2)

§ 35.03 TIME LIMITATION ON INSTITUTING; NOTICE REQUIRED.

   No action for personal injuries or damages to real or personal property shall be maintained against the town or any duly appointed policeman thereof, unless:

   (A)   The action is commenced within one year after the cause of action therefor has arisen; or

   (B)   Notice of the intention to commence the action and of the time when and the place where the damages were incurred or sustained has been filed with the clerk of the legislative council and with the policeman concerned within six months after the cause of action has accrued.

('66 Code, § 50-3)