Section 27. The statutes of the various states provide for the creation, organization and regulation of townships and usually contain a provision that a majority of the legal voters of the county shall declare in favor thereof before township organization can be adopted.4

Towns may exist by prescription, which presupposes an authorized and legitimate creation, or by implication, where it is necessary to the enjoyment of powers and privileges, or for the enforcement of liabilities of a town; and in the absence of a charter or act of incorporation, oral evidence is admissible to prove the existence of a town.

The legislature may, by statutory enactment, confer upon certain courts the power to establish towns under certain conditions.