Miscellaneous Provisions. ARTICLE XIII. MISCELLANEOUS PROVISIONS. § 310 SECTION 310. Enumeration. 311. Notice; how served. 312. Notice; proof of posting. 313. Officer not to be interested in contracts. 314. Liability on unlawful contracts. 315. Competency of inhabitants as justices or jurors; undertakings not required by village. 316. Board may take testimony. 317. Woman may institute proceeding. 318. Security by contractors. 319. Arrest of disorderly persons. 323. County court always open. 324. Location of hospitals and pest-houses. 325. Change of name. 326. Extension of boundaries. 327. Dissolution of villages. 328. Expiration of terms of officers. 329. Consolidation of villages. 330. Filing certificates. 331. Effect of consolidation. 332. Number of trustees; wards; clerk. 8310. Enumeration.-An enumeration of the inhabitants of each village shall be taken under the direction of the board of trustees in the month of January, eighteen hundred and ninetyeight, and in the same month in each fourth year thereafter. The enumeration must show the full name of each person, the town in which he resides, and whether he is over or under twenty-one years of age. The persons taking such enumeration shall attach thereto a tabulated statement showing the whole number of inhabitants as appears by the enumeration, the number residing in each town in which any part of the village is situated, the number over and the number under twenty-one years of age. Such enumeration must be signed by the persons taking it and filed with the village clerk on or before the twentieth day of January. The board of trustees must immediately cause a notice to be published in each newspaper published in the village, and posted in at least five conspicuous public places therein, stating that such enumeration has been taken and filed in the office of the village clerk, and that the board will meet at a time and place specified in such notice, which time must not be less than three nor more than six days after the filing of such enumeration, to hear all objections thereto and to correct and revise the same. The board of trustees shall meet accordingly, and after hearing all objections, shall finally correct the enumeration and cause it to be filed in the office of the village clerk, on or before the first day of the following February. The village clerk shall, within. one week thereafter, transmit to the clerk of each county in which any part of the village is situated, and to the secretary of state, a certificate of the total population of the village, as appears from such enumeration. 311. Notice; how served.-Service of a notice under this chapter must be personal, if the person to be served can be found in the village, otherwise the notice may be served personally or by mail by depositing a copy thereof in the post-office of the village, and addressed to such person at his last known place of residence. The provisions of the code of civil procedure, relating to the service of a summons in an action in the supreme court, except as to publication, apply, so far as practicable, to the service of notices under this chapter. If a person to be served can not with due diligence be found in the village where personal service is required, or his last known place of residence can not be ascertained, the county judge of a county in which any part of the village is situated may, by order, direct the manner of such service, and service shall be made accordingly. A service on one of two or more joint tenants, or tenants in common, shall be sufficient notice to all for any purpose requiring a notice under this chapter. 8312. Notice; proof of posting.-Whenever by this chapter or by a rule, by-law or ordinance made in pursuance thereof, a notice or ordinance is authorized or required to be posted, an affidavit thereof by the person posting the same is presumptive evidence of such posting. 313. Officer not to be interested in contracts. An officer shall not be directly or indirectly interested in a contract which he or a board of which he is a member is authorized to make on Miscellaneous Provisions. SS 314-319 behalf of the village; nor in furnishing work or materials; nor shall such an officer act as such in any matter or proceeding, involving the acquisition of real property then owned by him, for a public improvement. 314. Liability on unlawful contracts.-An officer or person who assumes to create a liability or appropriate money or property of the village without authority of law, or assents thereto, is personally liable for such debt, or to the village for such money or property. Each member of a village board present at a meeting thereof when such unlawful action is taken is deemed to have assented thereto, unless he expressly dissents and requests such dissent to be entered upon the minutes of the meeting. A vil lage is not liable upon a contract made by an officer or a board in the name or on behalf of the village, unless it is authorized by law. $315. Competency of inhabitants as justices or jurors; undertakings not required by village.—In an action brought by or against a village it shall not be an objection against the person acting as justice or juror in such action, that he is a resident of the village or subject to taxation therein. It shall not be necessary for the village to give a bond, undertaking or security to appeal or to obtain a provisional remedy, or to take or prevent any other proceeding; but the village shall be liable to the same extent as if it had given the bond, undertaking or security otherwise required by or in pursuance of law. § 316. Board may take testimony.-The board of trustees or the board of fire, water, light, sewer or cemetery commissioners may take testimony in a proceeding pending before it. The village clerk or any member of the board of trustees may administer oaths and take affidavits upon any claim or account against the village. 8 317. Woman may institute proceeding. Where a right is granted by this chapter to institute a proceeding, make an application, present a petition, or take an appeal, such right may be exercised by an adult resident woman who owns property assessed upon the last preceding assessment-roll of the village. $318. Security by contractors. All contracts under this chapter must be in the name of the village and the contractor must give adequate security to be approved by the officer or board with whom the contract is made. § 319. Arrest of disorderly persons.-A disorderly person under this chapter is subject to arrest, with or without process. A member of the police department or a peace officer may arrest a disorderly person without process for a violation of a village ordinance, committed in his presence. An officer making an arrest under this section shall immediately take the person arrested before the police justice of the village or a justice of the peace having jurisdiction, if such magistrate can be found, if not, he may detain the person arrested until such magistrate be found, not exceeding twenty-four hours. Unless the violation complained of is also a crime subject to indictment, the magistrate shall proceed forthwith to hear, try and determine such complaint, or may adjourn the hearing not to exceed five days, and in the meantime commit the offender to the lockup or place of confinement or county jail until such day, or suffer him to go at large on executing a bond for his appearance on the adjourned day. On conviction the magistrate shall impose the penalty prescribed by the ordinance, and may also require the defendant to pay the costs of the proceeding. Unless the penalty and the costs, if imposed, be paid upon the conviction, the magistrate shall commit the defendant to the county jail of a county in which any part of the village is situated for a term not exceeding one day for each dollar of the penalty imposed. (As amended by chap. 217 of 1899.) 320. Action to recover penalties.-An action may be maintained by a village to recover a penalty imposed for a violation of an ordinance, and in such action an order of arrest may be issued and executed in the manner prescribed by the code of civil procedure for orders of arrests in justices' courts. In such action it shall be lawful to declare or complain generally for such penalty, stating the section of this chapter, or the ordinance, under which the penalty is claimed, and briefly setting forth the alleged violation. If the defendant in such action has no property out of which the judgment can be collected, the execution shall require him to be imprisoned in the county jail of a county in which any part of the village is situated, for a term not exceeding twenty days. 321. Discontinuance of action.-If in an action brought by the village to recover a penalty for the violation of an ordinance, it appears from the complaint, or by the affidavit upon which an order of arrest is granted, that the person committing such violation is a disorderly person under this chapter, the magistrate Miscellaneous Provisions. S$ 322-326 may, upon the appearance of such person before him, by an order to be entered in his minutes, direct that all subsequent proceedings be taken in the same manner as if such person had been arrested without process as a disorderly person. Such subsequent proceedings shall be taken accordingly, and the action shall be thereupon discontinued. 8322. Actions against the village.-No action shall be maintained against the village for damages for a personal injury or an injury to property alleged to have been sustained by reason of the negligence of the village or of any officer, agent or employe thereof, unless the same shall be commenced within one year after the cause of action therefor shall have accrued nor unless a written verified statement of the nature of the claim and of the time and place at which such injury is alleged to have been received shall have been filed with the village clerk within six months after the cause of action shall have accrued. An action on such a claim shall not be commenced until the expiration of thirty days after it is presented. 8323. County court always open. The county court is always open for the hearing of an application or appeal under this chapter. § 324. Location of hospitals and pest-houses.-A building or tent fn a village shall not be used, occupied or maintained as a hospital or pest-house for the reception and care of public or private patients without the consent of the board of health of such village. 8325. Change of name.—The name of a village may be changed upon the adoption of a proposition therefor at an annual election. The proposition must contain the proposed new name, and be accompanied by the written consent of the postmaster-general of the United States to such change. If the proposition be adopted a certificate thereof, attested by the president and clerk of the village shall, within ten days after the election, be filed in the office of such clerk, in the office of the county clerk of each county in which any part of the village is situated, and also in the office of the secretary of state. The change of name takes effect upon the filing of the certificate in the office of the village clerk. 326. Extension of boundaries.--Territory not in a city or village may be annexed to an adjoining village. A petition for such annexation, describing the territory, stating the number of inhabitants thereof, and signed by a majority of the persons re |