certification of the result, and appeals therefrom. A new election shall be held in like manner if any election is set aside on appeal.

21. When village deemed incorporated.-If the territory is wholly within one town, and a majority of the votes cast is in favor of incorporation, or if it includes parts of two or more towns and a majority of the votes cast in each town is in favor of incorporation, then such territory shall become and be an incorporated village under this chapter from and after the date of such election, unless the election is set aside on appeal as herein provided.

22. Report of incorporation.-After ten and within fifteen days from the filing of the certificate of election, if no appeal has been taken, or within fifteen days after the filing of a final decision sustaining the election, the town clerk with whom such certificate is filed shall deliver a certified copy thereof to the secretary of state and to the county clerk of each county in which any part of such village is situated, together with a statement of the population of such village as it appears by the proposition for incorporation.

23. Compensation for services under this article.-The following compensation is payable for services under this article: 1. To supervisors for services in connection with the proposition for incorporation, two dollars for each day actually and necessarily spent by them.

2. To town clerks, the compensation allowed by law for other similar services, and for services the compensation for which is not fixed by law, two dollars for each day actually and necessarily spent by them.

3. To electors acting as inspectors of election, two dollars for each day actually and necessarily spent in such service.

§ 24. Payment of expenses if village not incorporated.—If the incorporation of the proposed village be not effected by the proceedings authorized in this article, the fees and expenses of the town officers or other persons performing official services shall be paid from the fund deposited with the supervisor. If the persons making such deposit and the officers and persons entitled to compensation for services in such proceedings do not agree upon the amounts payable therefor, such fees and expenses shall be taxed by the county judge of the county in which the proposition was filed, and the amounts taxed by him shall be paid to the persons entitled thereto.

The remainder of the sum deposited, if any, or if the proceed

ings result in the incorporation of the village, the whole of such deposit, shall be returned to the persons making it by the supervisor on demand.

§ 25. Payment of expenses of incorporation.-The following expenses incurred in the proceedings for incorporation shall be a charge against the village :

1. The reasonable necessary expenses incurred by the persons signing the proposition prior to the delivery thereof to the supervisor.

2. If on appeal from the decision of the supervisor the proposition for incorporation be sustained, the reasonable necessary expenses on such appeal, not exceeding fifty dollars, incurred by the persons signing the proposition.

3. The fees payable to town officers and to electors acting as inspectors of election for services performed by them under this article and their necessary disbursements.

26. First election of officers, when held.-An election of officers of the village shall be held in either of the following cases: 1. After the lapse of ten days from the filing of the certificate of election showing the incorporation, unless an appeal has been taken therefrom.

2. If such an appeal has been taken, after the lapse of ten days from the filing of the decision of the county court sustaining the election, unless an appeal has been taken therefrom.

3. If an appeal has been taken from the decision of the county court, after the filing of the decision of the appellate division of the supreme court sustaining the election.

§ 27. Appointment of village clerk; inspectors of election.Within five days after the right of an election of officers is complete, the town clerk with whom the proposition for incorporation was filed, shall appoint the following officers:

1. A village clerk, who shall serve until his successor is chosen. 2. Three qualified electors of the village to serve as inspectors of such election, not more than two of whom shall be members of the same political party.

The town clerk shall file such appointments in his office and deliver a copy thereof to each of the persons so appointed, who, within three days after their appointment, shall file with such town clerk the constitutional oath of office.

28. Notice of election of officers. Within five days after his appointment, the village clerk shall give notice for an election

of officers. Such notice shall be posted in ten conspicuous places in the village and published in a newspaper therein, if any. It shall also contain the following particulars :

1. The place in such village where the election is to be held. 2. The date of such election, which shall be not less than ten nor more than fifteen days after the posting of such notice.

3. The hours for holding such election, which shall be for the space of at least four consecutive hours between ten o'clock in the forenoon and four o'clock in the afternoon.

4. The officers to be elected.

§ 29. Officers to be elected; terms of office.-The following officers shall be chosen at such first election: A president, two trustees, a treasurer and a collector.

If such election be held after the date of an annual election under this chapter, and before the first day of October, the terms of all such officers shall expire at the end of the current official year. If such election be held after the thirtieth day of September, and on or before the date fixed for the next annual election, the president, one trustee, the treasurer and the collector shall hold their offices until the end of the next official year, and one trustee shall hold his office during the next two official years.

The terms of office of officers elected under this section commence as soon as they have qualified.

8 30. Conduct of election.--All persons qualified to vote at town meetings, and who have been residents of the territory thirty days prior to such election may vote for such officers. The inspectors appointed by the town clerk or any two of them shall conduct such election. The provisions of this chapter relating to the election of village officers at an annual election, including the canvass and certification of the result, apply to such first election, so far as practicable,

31. First meeting of board of trustees. Within five days after such first election, the president and trustees elected thereat shall meet and appoint a clerk and a street commissioner. They may also appoint such other officers as are authorized by law.

§ 32. Temporary loan for expenses.-The board of trustees first elected may borrow not exceeding five hundred dollars upon the credit of the village for the purpose of raising funds to defray the expenses of incorporation, and such other necessary expenses as may be incurred before the collection of the first annual tax,

and the amount so borrowed shall be included in the first tax

levy.

ARTICLE II.

OFFICERS AND ELECTIONS.

SECTION 40. Classification of villages.

41. Qualification of voters.

42. Eligibility to office.

43. List of village officers; mode of choosing; official year; terms

of office.

44. Number of trustees.

45. Changing number of trustees.

46. Readjustment of terms of trustees.

47. Determination of future number of trustees.

48. Abolition of existing wards or districts.

49. Election of trustees by wards.

50. Election of police justice.

51. Election of assessors.

52. Election districts.

53. Officers to be elected at annual election.

54. Inspectors of election.

55. Annual elections.

56. Canvass of annual electlon.

57. Failure to designate terms.

58. Special elections of officers.

59. Submission of propositions; special elections.
60. Votes upon propositions to be by ballot.

61. Official undertakings.

62. Notice to person chosen to a village office.

63. Resignations and removals.

64. Filling of vacancies.

65. Refusal of officer to surrender his office.

66. Separate boards of commissioners.
67. Municipal boards, consolidation.
68. Continuance of separate boards.

69. Continuance of municipal board.

70. Abolition of separate or municipal boards.
71. Books and papers to be open to inspection.
72. Transfer of funds and records.

§ 40. Classification of villages.-Villages are divided into classes according to their population as shown by the latest village enumeration as follows:

First class.-Villages containing a population of five thousand

or more.

Second ciass.-Villages containing a population of three thousand and less than five thousand.

ad 1401

Third class.-Villages containing a population of one thousand and less than three thousand.

Fourth class.-Villages containing a population of less than one thousand.

§ 41. Qualification of voters.-A voter at a village election, 2.50 other than the first, must possess the following qualifications:

I. To entitle him to vote for an officer, he must be qualified to vote at a town meeting of the town in which he resides, and must have resided in the village thirty days next preceding such election.

2. To entitle him to vote upon a proposition, he must be entitled to vote for an officer, and he or his wife must also be the owner of property in the village assessed upon the last preceding assessment-roll thereof.

§ 42. Eligibility to office.-A president or trustee, or a fire, water, light, sewer or cemetery commissioner must, at the time. of his election and during his term, be the owner of property assessed upon the last preceding assessment-roll of the village; except that a president or trustee elected at the first village election, must be the owner of property assessed upon the last preceding town assessment-roll. Any resident elector is eligible to any other village office.

A resident woman, who is a citizen of the United States, and of the age of twenty-one years, is eligible to the office of village clerk or deputy clerk. A person shall not hold two village. offices at the same time, except the offices of collector and police constable, or water and light commissioner.

§ 43. List of village officers; mode of choosing; official year; terms of office.-Every village shall have a president, not less than two trustees, a treasurer, a clerk and a street commissioner. Except as herein provided, every village shall also have a collector, but a village of the first class may, upon the adoption of a proposition therefor at a special election, determine that no collector shall thereafter be elected therein. A village of the first or second class may also have a deputy clerk, and any village may have a village engineer.

and 1901

There shall be a board of health in each village, consisting of not less than three nor more than seven persons, appointed by the board of trustees of such village, in the manner provided by article two of the public health law. The president, trustees, treasurer, collector, police justice, and assessors shall be elective

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