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They were to distribute it per capita or to
appropriate 1t TO any other purpose for
which it might be lawful for them to raise
money by taxation. Under the first act,
the towns received it as deposie. Under
the second, they were entitled to retain it
as gratuity. 1t was competent for the
Legislature to determine in what manner
their bounty should be enjoyed. 1t might
be shared by all in common, or it might
be appropriated to any lawful municipal
purpose. In pursuance of this authority,
the inhabitants of the town of Bath, at a
legal meeting, duly called 10 act upon the
subject matter, voted to distribute per capita
the surplus money belonging to the town.
Under the act of 1888, the article itself as
well as the vote founded upon it, embraces
the whole surplus money received by the
town.


Upon this vote ia our judgement the
town was bound to distribute the amount
received whatever disposition it had pre-
viously made Of the use of the fund, to
which alone its power previously extended.
According to the agreement Of the parties,
by which all formal objections are waived,
tho plaintiff is to have Judgment for his
Just proportion Of the whole fund.