attached to and accompany the proposition. At the time of the delivery of the proposition the sum of fifty dollars shall be deposited with one of the supervisors for the purpose specified in this article.

§ 4. Notice of hearing.-Within ten days after the receipt of such proposition the supervisor or supervisors shall cause to be posted in five public places in such territory and also published at least twice in each newspaper published therein, a notice, that a proposition for the incorporation of the village of (naming it) has been received by him or them, that at a place in such territory and on a day, not less than ten nor more than twenty days after the date of posting such notice, which place and date shall be specified therein, a hearing will be had upon such proposition; and that such proposition will be open for public inspection at a specified place in such territory until the date of such hearing.

§ 5. Proceeding on hearing.-The supervisor or supervisors shall meet at the time and place specified in such notice, and shall hear any objections which may be presented against such incorporation upon either of the following grounds:

I. That a person signing such proposition is not qualified therefor, or

2. That if the territory is less than an entire town, it contains more than one square mile, or

3. That the population of the territory is less than two hundred. All objections must be in writing and signed by one or more resident taxpayers of a town in which some part of the proposed village is situated. Testimony may be taken on such hearing, which shall be reduced to writing, and subscribed by the witnesses. The hearing may be adjourned, but must be concluded within ten days from the date fixed in the notice. (As amended by chap. 154 of 1899, § 2.)

§ 6. Decision of supervisor.-Within ten days after such hearing is concluded the supervisor or supervisors shall determine whether the proposition complies with this chapter, and shall within such time make and sign a written decision accordingly, and file it or a duplicate thereof in the office of the town clerk of each town in which any part of such proposed village is situated. The proposition for incorporation, a copy of the notice, the objections, testimony and minutes of proceedings taken and kept on the hearing, shall also be filed with such decision in one of such town clerk's offices. If the decision be adverse to the propo

sition, it shall contain a brief statement of the reasons upon which it is based. If no appeal be taken from such decision within ten days from the filing thereof, it shall be final and conclusive.

87. Notice of appeal from decision of supervisor.-If the decision sustains the proposition for incorporation, a resident taxpayer of a town in which any part of such proposed village is situated may appeal therefrom by serving a notice of appeal upon each town clerk with whom the decision was filed, and on at least three of the persons who signed the proposition. If the decision be adverse, five of the persons who signed the proposition may join in an appeal therefrom, by serving a notice of appeal upon each town clerk with whom the decision was filed, and on each person who signed objections to the proposition. All appeals shall be taken to the county court of the county in which the proposition, notice, objections and testimony are filed, and the notice of appeal must be served within ten days after the filing of the decision.

The town clerk with whom the proposition and other papers are filed must, within five days after service upon him of the notice of appeal, transmit all such papers to the county judge.

§ 8. Hearing and decision of appeal.-A person, except a town clerk, by or upon whom the notice of appeal is served, may bring on the appeal for argument before the county court, upon a notice Such notice must of not less than ten or more than twenty days. be served upon all parties to the appeal, except a town clerk. The county court shall hear such appeal, and, within ten days after the date fixed in the notice of argument, shall make and file an order affirming or reversing the decision. The county judge shall file such order, together with the papers upon which the appeal was heard, with the town clerk by whom the papers were transmitted to him. Such order shall be final and conclusive. No costs of the appeal shall be allowed to any party.

89. When election may be held.--An election to determine the question of incorporation upon such proposition shall be held in either of the following cases:

1. Where a decision has been made sustaining the proposition, and an appeal has not been taken therefrom.

2. Where an appeal has been taken from a decision sustaining the proposition, and such decision has been affirmed by the county court.

3. Where an appeal has been taken from an adverse decision and the decision has been reversed by the county court.

§ 10. Notice of election. Within five days after the right to election is complete the town clerk with whom the proposition and other papers are filed shall give notice of an election to be held in such territory at a specified time and place. The notice shall be signed by the town clerk and posted in ten conspicuous places in such territory, and also published at least twice in each newspaper published therein, and it shall fix a time for such election, not less than fifteen nor more than twenty-five days from the date of the posting thereof. Such election shall be held at a convenient place in such territory between the hours of one o'clock in the afternoon and sunset, but shall not be held upon the day of a town meeting or of a general election in a town in which any part of the proposed village is situated.

§ II. Conduct of election.-Such election shall be held at the time and place specified. The town clerk giving such notice shall serve a copy thereof upon the supervisor and town clerk of each town, in which any part of the proposed village is situated, at least ten days before the date fixed for such election. Two or more of such officers, including the town clerk giving such notice, shall constitute the board of inspectors to conduct such election. If only one of the officers attend at the time and place fixed for the election, he shall appoint an elector of such territory to act with him as an inspector of such election. If no officer attend, the electors present may choose two of their number to act as inspectors. The inspectors shall file the constitutional oath of office with the town clerk with whom the proposition was filed. Such inspectors of election shall possess all the powers conferred by law upon a board of inspectors of election at a town meeting, so far as the same are applicable. The ballot at such election may be either written or printed, and shall contain either the words "for incorporation," or "against incorporation."

§ 12. Qualification of electors.-Each elector qualified to vote at a town meeting, who has been a resident of such territory for at least thirty days next preceeding such election, and who or whose wife is the owner of property within such territory which was assessed upon the last assessment-roll of the town, may vote at such election.

13. Ballot boxes where territory is in more than one town. If the proposed village is situated in more than one town,

a separate ballot box shall be provided for each town, and the ballot of each person voting at such election shall be deposited in the ballot box assigned to the town in which he resides.

§ 14. Canvass of election.—Immediately after the closing of the polls of the election the board of inspectors shall canvass the ballots cast thereat, and make and sign a certificate of the holding of the election and of the canvass, showing if the territory is wholly within one town, the whole number of such ballots, the number for incorporation, and the number against incorporation; or if it includes parts of two or more towns, showing such facts separately as to each town. Within three days after the election, the inspectors shall file such certificate in the office of the town clerk with whom the proposition and other papers are filed.

§ 15. Appeal from election.-If the certificate shows that a majority of the votes cast at such election in each town included in the territory is in favor of incorporation, a person qualified to vote at such election may appeal therefrom to the county court of the county in which the proposition and other papers are filed.

16. Notice of appeal and return.--An appeal may be taken by serving a notice of appeal on the town clerk with whom the certificate of incorporation is filed, and by posting the same in five conspicuous places in such territory. The notice shall be signed by the appellant and must state briefly the grounds upon which the appeal is taken. It must be served and posted within ten days after the filing of the certificate of election.

The town clerk on whom the notice of appeal is served, must, within five days thereafter, transmit to the county judge a certified copy of such notice of appeal and of the certificate of election.

17. Hearing and decision of appeal.-Upon such appeal the county court can only consider questions relating to the validity or regularity of the election. An appeal may be brought on for hearing by the service of a notice of argument by the appellant upon the town clerk, and by posting the same in five conspicuous places in such territory. The notice shall state the time of the hearing, which must be not less than ten days after the service and posting thereof. On such hearing, any number of qualified electors of the territory, not exceeding five, may appear in support of the validity or regularity of such election. The county court may take testimony, either orally or by affidavit, as it may determine. Such appeal must be heard and decided and

the decision filed within thirty days after service of the notice of appeal; and the county court has no jurisdiction to consider the same after the expiration of that period. The county court may sustain or set aside the election. The decision must be filed by the county judge in the office of the town clerk on whom the notice of appeal was served. He shall also file a copy of the decision with the county clerk, together with the papers transmitted to him by the town clerk.

No costs shall be allowed to any party on such appeal.

§ 18. Appeal to appellate division.-If the county court sustains the election, an appeal may be taken from such decision to the appellate division of the supreme court. Such appeal brings up for review all proceedings in the county court, and a case on appeal must be made and settled by the county judge as on an appeal from a judgment of the county court. Such appeal shall be taken within ten days after the filing of the decision, by the service of a notice of appeal upon the county clerk with whom a copy of the decision is filed, and upon each person who appeared in support of the election in the county court.

The proceedings for bringing on the appeal and the hearing and decision thereof by the appellate division are regulated by the code of civil procedure.

The appellate division may affirm the decision of the county court or reverse the same and set aside the election.

Within ten days after the determination of the appeal by the appellate division, a certified copy of its decision or order must be filed in the office of the town clerk with whom the proposition is filed.

No costs shall be allowed to any party on appeal to the appellate division.

19. Stay on appeal. An appeal to the county court or to the appellate division stays all proceedings for the election of officers or otherwise in such proposed village until the determination of such appeal.

8 20. New election. If the election be set aside on appeal, a new election shall be held. The right to such an election shall be complete upon the filing of the decision on appeal with the town clerk. He shall thereupon give notice of another election. All the provisions herein contained regulating the first election apply to proceedings for a new election, including the service and posting of notices, the conduct of the election, the canvass and