Notice of election to

incorpora

tion.

ination, as provided in section five of title one of this act, written or printed notices, signed by some one or more of the persons causing the making of such survey and taking such census, shall be posted in twenty public places in such territory, stating the place where such survey, map, description of boundaries and census are left for examination.

$7. After compliance with the preceding provisions, a vote upon notice shall be prepared, stating that, between the hours of ten A. M. and three P. M., on a specified day in said notice, at some public place within the bounds of the proposed village, designating such place, such day to be at least five weeks from the time of leaving the survey, map, description of boundaries and census for examination as herein before provided, an election will be held to determine whether the proposed territory shall be incorporated as a village. Such notice shall also state the proposed name of such village, set out the verbal description of its bounds, and give the amount proposed to be expended the first year of the incorporation for ordinary expenditures, as defined in this act, and be signed by at least twenty of the electors, resident within the bounds of said proposed village, who shall be liable to be assessed for the ordinary and extraordinary expenditures of such village. If the territorial limits of such village shall comprise parts of two or more towns, then of such twenty electors there shall be at least five from each of such towns who shall reside in the part of the town to be taken for such village. Such notice so signed shall be published in a newspaper, if there shall be one within the proposed bounds of said village, and copies of the same shall be posted in ten public places within said bounds, at least thirty days before the day of election specified in said notice.

Election,

how conducted.

Form of ballot.

Inspectors

to file certificate of result.

$8. At the election provided for in such notice, the supervisor and town clerk of the town, or supervisors or town clerks of the towns, part or parts of which are taken for such village, or any two of such persons, shall constitute the board of inspectors for such election, preside at such election, and all the laws applicable to the election of town officers shall apply to such election and to all the proceedings thereat, so far as the same shall be applicable and are consistent with the provisions of this act. Due notice of the time of such election shall be given to the persons herein designated as inspectors, by some one of the persons signing the notice required by section seven of title one of this act.

$9. Every elector residing in such territory, and qualified to vote for town officers in the town in which such territory or some part thereof shall lie, may vote at such meeting by a ballot having thereon the word "yes" or the word "no." $10. Within three days after such election the said board of inspectors shall make out a certificate of the holding of the same, and of the canvass of the ballots thereat, showing the

whole number of such ballots, the number with the word "yes" thereon, and with the word "no" thereon, with a copy of the notice of the holding of such election, and an affidavit of posting or publishing the same, as herein before provided. Such certificate shall be signed by said inspectors, or a majority of them, and its truth verified by their affidavits annexed thereto, and shall, within ten days after such election, be filed and recorded in the county clerk's office of the county within which such territory shall be.

county

§ 11. Within ten days after such filing, any elector quali- Appeals to fied to vote at such election may appeal to the county judge judge. of the county in which such territory shall be located, by petition, specifying the irregularities in and objections to, such election. Such judge, on proof by affidavit that such petition or notice of it has been served on the electors signing the notice for holding the election, or a majority of them, and that the person appealing has deposited with the county clerk of the county in which such territory is located, the sum of one hundred dollars, to meet the expenses of the appeal, shall appoint a day for hearing the same, not more than ten days from the day of bringing the appeal; and, on such day, on proof by affidavit that the electors signing the election notice, or a majority of them, were notified in writing, five days before such hearing, of such hearing, shall proceed to hear the same; such judge shall have power, by subpoena, to compel the attendance of witnesses before him on such day, or on adjourned days. His decision as to the legality or illegality of such election shall be rendered within thirty days from the day of presenting the petition of appeal to him. If such decision be adverse to the prayer of such petition, he shall, within ten days from rendering such decision, by order, signed by him, direct such portions as he may deem just of the one hundred dollars deposited with the county clerk, to be paid by such clerk to the persons in such order named, and the balance to the person or persons who deposited the same. If no such allowance is made by the county judge within the ten days above specified, then he shall direct, by order, the county clerk to return such money to the person who deposited the same with him. The allowance for expenses out of the sum deposited must be made within ten days from the decision of the judge on the appeal.

affirming

S 12. If the county judge shall decide such election to be Order, legal, he shall file an order to that effect in the county clerk's election. office of the county where such territory is located, within ten days from the day of making such decision.

judge, when

$ 13. If the county judge shall decide such election to have County been illegal, he shall forthwith, on rendering his decision, to order make an order and file the same in the county clerk's office in new electhe county in which such territory shall be, directing another election to be held to determine the question of the incorpo

tion.

Second

election,

ration of such territory. The election so ordered shall be held on notice of such election signed by some one or more of the persons designated as inspectors of election for the previous election as to incorporation, specifying the hours of opening and closing the polls and place of holding the same, stating the proposed name of village and the amount for ordinary expenditures for the first year, and giving the verbal description, provided for herein before, of the bounds of such territory; such notice to be published or posted, as hereinbefore provided in relation to the previous election, for at least fifteen days before the election.

S14. Such second election shall be held in the manner and how held. by the persons as inspectors as herein before provided for the first election, and with like powers to the inspectors, and the inspectors presiding shall make a certificate of such election, such as was required at the previous election, by this act, and file the same within ten days from the holding of such election as directed as to the certificate of the previous election.

Territory when to

S 15. If the majority of the ballots at the first election become in- shall have on them the word "yes," and no appeal is taken corporated. from such election within the time hereinbefore specified for that purpose, then such territory shall be an incorporated village within the intent of this act, from the time of the filing of the certificate of the inspectors. If the majority of the ballots cast at such election have on them the word "yes," and an appeal is taken and decided favorably to the legality of the election, then such territory shall be an incorporated village within the intent of this act, from the date of the filing of the certificate of the inspectors as herein before provided. If the decision on the appeal is adverse to the election, and the second election shall result in a majority of the ballots cast having thereon the word "yes," then from the date of the filing of the certificate of inspectors, as herein before required, of such second election, in the county clerk's office of the county where the territory is located, such territory shall be an incorporated village within the intent of this act. No appeal is allowed from such second election.

Second election, after un favorable

vote, permitted.

Name and powers of corporation.

16. If at either of such elections a majority of the ballots cast shall have on them the word "no," then such territory shall not be an incorporated village, and in that case no second election can be held under this act within two years from the time the first of such elections was held.

S 17. The inhabitants of any village incorporated under this act shall be a corporation by the name stated in the notice of the election incorporated in the certificate of the inspectors who presided at the election which decided the question of incorporation, on file in the county clerk's office of the county wherein such village is situated, and may sue and be sued, complain and defend, in any courts by such name; may make and use a common seal and alter it. and

receive, by gift, purchase, grant, devise or bequest, subject to all provisions of law now existing, relating to devises and bequests by last will and testament, and hold and convey such real and personal estate as the purposes of the corporation may require, as may be authorized by the provisions of this act.

first village

S 18. Within twenty days after the day on which such Election for territory shall become and be incorporated as a village, the officers. persons herein before designated as inspectors of the first election, or a majority of them, shall publish or cause to be published in a newspaper, if one shall be published in said village, and post or cause to be posted, in ten public places in such village, a notice stating that, on a day stated and at a place named in such village, and between certain hours, an election wil be held for the election of such village officers as shall be required to be elected by this act. Such notice shall be published (if published at all in a newspaper) and posted at least fifteen days before the time of holding such election. Such election shall be held for at least the space of four hours uninterruptedly, between ten o'clock in the forenoon and four o'clock in the afternoon, and the notice of election shall state the hours of opening and closing the polls and the names of the offices to be filled. The provisions of section eight, title one, of this act, shall, so far as applicable, apply to the election held under this section.

and certif

result.

elect.

$ 19. The persons presiding as inspectors, or a majority Canvass of them, at any election held by virtue of this act, after the cate of village shall have been incorporated, shall immediately canvass the votes, openly declare the result, and make and subcribe a certificate of such canvass, showing the whole number of votes given, the number given for each person voted for, and the office for which he shall have been voted for, which certificate shall be recorded in the records of said village. $ 20. The person eligible and having the greatest number Plurality to of votes for any office shall be deemed elected to such office. If there shall be a tie as to a particular office between two or more persons eligible, and having the greatest number of votes, the person presiding at such election shall forthwith determine by lot, in the presence of the other inspectors or of a majority of them, which shall be deemed elected, and set forth such fact in the certificate of the result made by them. This section shall apply to all subsequent elections under this act.

TITLE II

officers.

SECTION. 1. The officers of a village incorporated under village this act shall be as follows, unless otherwise herein directed: A president, three trustees, a treasurer, a clerk, a collector and a street commissioner.

Additional trustees.

Elective and appointive officers.

Chief engineer and fire

S2. If the resident population of the village shall exceed two thousand, then, if the board of trustees shall by resolution so direct, an additional trustee may be elected for each five hundred of population over the two thousand, until the entire number of trustees, exclusive of the president, shall be nine.

3. The president, trustees, treasurer and collector shall be elected annually by the electors of the village. The clerk and street commissioner shall be appointed annually by the board of trustees.

$4. The board of trustees may, if in their judgment wardens. necessary, appoint, each year, a chief engineer of the fire department, one or more assistants, one or more fire wardens, Police con- one or more police constables, and a sealer of weights and

stables.

Term of office.

Notice to

officers elected.

Oaths of office.

Eligibility

to office. Removal from village.

President

measures.

$5. All officers elected or appointed under this act shall hold their respective offices one year, unless sooner removed or disqualified, and until their successors shall be elected or appointed and qualified.

$ 6. The inspectors of election, presiding at any election, or the clerk of the village, shall, within five days after such election, notify the persons elected of their election.

$7. Every person elected or appointed to office under this act who shall neglect to file the oath of office hereinafter re quired for five days after personal notice, in writing, from the inspectors of election or the village clerk, of his election or appointment, shall be deemed to have declined the office, and his place may be filled as in case of a vacancy.

S8. No person shall be eligible to any office unless he shall be at the time a resident and elector of the village. Whenever any officer of the village shall cease to be a resident thereof, his office shall become vacant.

$9. No person shall be eligible as president or trustee and trustees unless owning property liable to be assessed for the expenditures of the village.

to be taxpayers.

Vacancies, how filled.

Official bonds.

Oaths of office.

S 10. If there shall be a vacancy in any office under this act the board of trustees may fill the same.

S 11. The treasurer, collector, street commissioner, police constable, and such other officers as may be required by the board of trustees, shall severally, before they enter upon the duties of their respective offices, execute and file with the village clerk a bond to the village, in such sum and with such sureties as the board of trustees shall approve, conditioned that they will faithfully execute the duties of their respective offices, and account for and pay over all moneys received by them respectively.

S 12. The several officers under this act shall each, before entering upon their duties, take and file with the clerk the oath of office provided by the constitution.