1901

siding therein, if any, qualified to vote for town officers, and also by the owners of a majority in value of the property therein, assessed upon the last preceding town assessment-roll, may be presented to the board of trustees of such village. Each person signing the petition shall state opposite his name the assessed valuation of the property, if any, owned by him in such territory. Such petition must be verified by at least three persons signing the same to the effect that the petitioners constitute a majority of the qualified electors, if any, of such territory, and that the petition represents a majority in value of the property as above described. The petition must also be acknowledged in the same manner as a deed to be recorded.

Such petition must be accompanied by the written consent of a majority of the town board of the town in which such territory is situated, residing outside the village. Upon the presentation of such petition and consent, the board of trustees shall cause a proposition for such annexation to be submitted at a special election. If the proposition be adopted, the petition and consent and the certificate of the election shall be recorded in the village book of records. Such annexation takes effect immediately and a certificate thereof containing a description of the territory annexed shall, within ten days after such election, be filed by the village clerk in the office of the clerk of the town and of the county in which such annexed territory is situated, and also in the office of the secretary of state.

8327. Dissolution of villages.-A proposition for the dissolution of a village may be submitted at a special election. If the proposition be adopted, it must be again submitted at the next annual election held not less than six months subsequent to the special election. If the proposition be adopted at such annual election, a certificate thereof shall be filed in the office of the town clerk, and of the county clerk of each county in which any part of the village is situated, and also with the secretary of state. At the expiration of six months from such annual election, the village shall be dissolved. Within that period, the board of trustees must submit at a special election a proposition for the disposition of the village property remaining after the payment of all claims for which the village shall be liable and also for the raising by tax of any sum that may be necessary to pay and discharge its existing debts and liabilities. Upon the dissolution of the vil lage all its records, books and papers shall be deposited with the

town clerk of the town in which the principal portion of such village is situated, and they shall thereupon become a part of the records of such town.

The supervisor of such town shall be the trustee of the property of the village. No suit in which the village is a party, nor any claim for or against the village shall be affected by its dis

LAWS OF NEW YORK.

[CHAP.

ninety, entitled "An act in relation to highways, constituting chapter nineteen of the general laws," is hereby amended to read as follows:

5. Cause a loose stone lying in the beaten track of every highway within his district, to be removed once in every month, from the first day of April until the first day of December, in each year. Stones so removed shall not be thrown into the gutter, nor into the grass adjoining such highways, but they shall be conveyed to some place, from which they shall not work back or be brought back into the track by the use of road machines or other implements used in repairing such highways. Any person who shall violate the provisions hereof or who shall deposit or throw loose stones in the gutter or the grass adjoining a highway shall be liable to a penalty ten dollars, to be sued for and recovered by the commissioner or commissioners of highways, or in case of his or their refusal or neglect to act, by any taxpayer of the town in the nape of the town in which the offence shall be committed, and when recovered, one-half of the amount shall be applied by them in improving the highways and bridges in such town. The other half shall be paid to the person upon whose written information the action was brought. Any conmissioner of highways who shall neglect to prosecute for or join in an action with the other commissioners on highways to recover such penalty, knowing the same to have been incurred, or within twenty days after a sworn statement has been laid before them showing that a party is liable to such penalty, shall be guilty of a misdemeanor.

§ 2. This act shall take effect immediately.

siding therein, if any, qualified to vote for town officers, and also by the owners of a majority in value of the property therein, assessed upon the last preceding town assessment-roll, may be presented to the board of trustees of such village. Each person signing the petition shall state opposite his name the assessed valuation of the property, if any, owned by him in such territory.

ст

54.] ONE HUNDRED AND TWENTY-FOURTH SESSION.

§ 327. Dissolution of villages.-A proposition for the dissolution of a village may be submitted at a special election. If the proposition be defeated a second proposition for that purpose shall not be submitted within two years of the date of such special election. If a second proposition to dissolve a village has been defeated any subsequent proposition for that purpose shall not be submitted within five years of the date of the special election at which the preceding proposition was defeated. If the proposition be adopted, it must be again submitted at the next. annual election held not less than six months subsequent to the special election. If the proposition be adopted at such annual election, a certificate thereof shall be filed in the office of the town clerk, and of the county clerk of each county in which any part of the village is situated, and also with the secretary of state. At the expiration of six months from such annual election the village shall be dissolved. Within that period, the board of trus tees must submit at a special election a proposition for the disposition of the village property remaining after the payment of all claims for which the village shall be liable, and also for the raising by tax of any sum that may be necessary to pay and discharge its existing debts and liabilities. Upon the dissolution of the village all its records, books and papers shall be deposited with the town clerk of the town in which the principal portion of such village is situated, and they shall thereupon become a part of the records of such town. The supervisor of such town shall be the trustee of the property of the village. No suit in which the village is a party, nor any claim for or against the village shall be affected by its dissolution.

§ 2. This act shall take effect immediately.

Miscellaneous Provisions.

$$ 328-330

town clerk of the town in which the principal portion of such vil. lage is situated, and they shall thereupon become a part of the records of such town.

The supervisor of such town shall be the trustee of the property of the village. No suit in which the village is a party, nor any claim for or against the village shall be affected by its dissolution.

§ 328. Expiration of terms of officers.-A police justice or an assessor in office when this chapter takes effect shall continue in office until the expiration of the term for which he was elected or appointed. Except as otherwise provided in this chapter the terms of all other officers shall expire on the Monday following the third Tuesday in March, eighteen hundred and ninety-eight.

329. Consolidation of villages.-Two or more adjoining vil lages wholly subject to this chapter may be consolidated by adopting a proposition therefor at an election, which shall be held in each of such villages on the same day, but not after the last day of January and before the date of the annual election. At least ten days before such special election the boards of trustees of such villages shall meet in joint session and determine on the name for the consolidated village, and shall forthwith file a certificate specifying such name in the office of the clerk of each vil. lage. The ballots to be used at such election may be written or printed and shall contain either the words "For the consolidation of the village of (naming it) with the village (or villages) of (naming it or them) into one village by the name of (name fixed by trustees)," or "Against the consolidation of the village of (naming it) with the village (or villages) of (naming it or them) into one village by the name of (name fixed by trustees.)" (Added by chap. 56 of 1899.)

$ 330. Filing certificates.--The clerk of each of such villages shall within three days after the election file a certified copy of the certificate of such election in the office of each other village included in the proposed consolidation. If the proposition for consolidation be adopted in all the villages, the clerks thereof shall within five days after the election file in the office of the clerk of each county in which any part of either of such villages is situated, and also in the office of the secretary of state, a joint certificate, stating the holding of the election, the adoption of the proposition for consolidation by each village and the name of the new village. (Added by chap. 56 of 1899.)

8331. Effect of consolidation.-On the filing of such certificate in the office of the secretary of state, such villages shall be consolidated into one village by the name specified in such certifi cate. Such new village shall possess all the powers, enjoy all the privileges, and be subject to all the liabilities, in all respects and for all purposes, as if it had been originally incorporated under this chapter; and from the date of the consolidation it shall belong to the class in which it would have been placed if the consolidation had taken effect immediately before the last preceding enumeration of the inhabitants of the several consolidating villages under this chapter, according to the aggregate returns of such enumeration on file at the date of the consolidation. Such new village shall become the owner of all the property of each of the consolidating villages, shall suceeed to every right of action existing in favor of either of them, and shall be. come liable for all causes of action, debts or obligations against either of such consolidating villages, and the same may be enforced as if such liability, debt or obligation had been originally incurred by it. Such consolidation shall not affect any action or proceeding then pending against either of the consolidating vil lages, but such action or proceeding may be prosecuted to final judgment as if such consolidation had not taken place, except that the court in which such action or proceeding is pending shall, upon application of the board of trustees of the new village, substitute it as a party to the action or proceeding, and in either case the judgment or order shall be enforcible in favor of or against the new village. (Added by chap. 56 of 1899.)

8 332. Number of trustees; wards; clerk.-Within five days after the consolidation takes effect the boards of trustees of the consolidating villages shall meet in joint session and determine, within the limitations prescribed by section forty-four, the number of trustees to be elected in the new village at the first election, and if such new village is a village of the first class, may also divide such village into wards of a number equal to one-half of the number of trustees to be elected. Such wards shall contain a population as nearly equal as may be, and be of convenient and contiguous territory, in as compact form as practicable. They shall make a certificate of such division which shall contain. a description of each ward, and file the same in the office of the village clerk, who shall at least fifteen days before such first elec tion post copies thereof in at least ten conspicuous public places