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INCORPORATION.

First election of officers after incorporation, 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.

Village Law, § 26.

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. Village Law, § 27.

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'elock in the afternoon.

4. The officers to be elected.

Village Law, § 28.

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.

Village Law, § 29.

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.

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Classification of villages.

Villages are divided into classes according to their population as shown by the latest enumeration, village, state or federal, as follows:

First class. Villages containing a population of five thousand or more. Second class. — Villages containing a population of three thousand and less than five thousand.

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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. Village Law, § 40.

Qualifications of voters.

A voter at a village election, other than the first, must possess the following qualifications:

1. 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 must also be the owner of property in the village assessed upon the last preceding assessment-roll thereof. A woman who possesses the qualifications to vote for village officers, except the qualification of sex, who is the owner of property in the village assessed upon the last preceding assessment-roll thereof, is entitled to vote upon a proposition to raise money by tax or assessment, or for the dissolution or change of name of the village, or for the borrowing of money upon the bonds or other obligations of the village, payable in future fiscal years, for the purpose of purchasing, constructing and maintaining the village improvements specified in section one hundred and twenty-eight.

Village Law, 41, as amended by L. 1910, ch. 135; L. 1915, ch. 499, in effect May 3, 1915.

Eligibility to office.

A president, or trustee, or a fire, water, light, sewer, cemetery or police commissioner must, at the time of his election, be the owner of property assessed to him on the last preceding assessment roll, and must also be the owner during the term of his office of property assessed to him on the assessment roll of said village; except that in a village of the fourth class, such an officer must, at the time of his election or appointment and during his term, be the owner of property within such village assessed upon the last preceding assessment roll, and 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; and except that village trustees may also be water commissioners.

Village Law, § 42, as amended by L. 1913, ch. 53; L. 1915, ch. 152, in effect March 30, 1915.

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, ■ 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 and a village of the second class may, upon the adoption of a proposition therefor at an annual or 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 vil. lage may have a village engineer.

There shall be a board of health in each villege, consisting of the board of trustees of such village. The president, trustees, treasurer, collector, police justice and assessors shall be elective officers, except that in a village of the first or second class the treasurer may be appointed, upon the adoption of a proposition therefor at a village election. All other village officers shall be appointed by the board of trustees, except as otherwise provided herein.

In all villages the offices of clerk and street commissioners may be elective, upon the adoption of a proposition therefor at a village election, and after the adoption of such a proposition, a proposition may be submitted for the appointment of such officers, at any subsequent village election. After a proposition has been adopted changing the method of filling such offices, another proposi tion changing such method shall not be submitted until after a period of two years from the adoption of such prior propòsition.

An "official year" begins at noon on the first Monday after the third Tuesday of March, and ends at noon on the same Monday in the next calendar year. The term of office of the president, treasurer, collector, clerk, street commissioner and inspectors of election shall be one official year; of each trustee elected for a full term, two official years, and of a police justice, four calendar years. The term of each village officer, except police justice, begins at noon on the first Monday after the annual election. A full term of the police justice begins on the first day of January succeeding the annual election at which he was elected. After the first election in a village subject to the provisions of this chapter one-half of the trustees shall be elected each year for a full term.

Village Law, § 43, as amended by L. 1915, ch. 323, in effect April 17, 1915. Number of trustees.

Villages in the several classes shall elect trustees as follows:

1. In the first class, not less than two nor more than eight.

2. In the second class, not less than two nor more than six.

3. In the third or fourth class, two or four.

Each village shall always have an even number of trustees.
Village Law, § 44.

Changing number of trustees.

Within the limitations herein prescribed, the number of trustees may be changed by adopting a proposition therefor at a special election. If the numher be increased, the additional trustees shall be elected at the next annual election. One-half of the additional trustees shall be elected for one year and one-half for two years. If the number of trustees be reduced, such reduction

shall not take effect until the expiration of the terms of the trustees then in office.

Village Law, § 45.

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Election of trustees by wards.

A village of the first or second class may elect trustees by wards upon the adoption of a proposition therefor at a special election. If such proposition be adopted, the board of trustees shall meet within twenty days thereafter and divide the village into wards of a number equal to one-half of the number of trustees which the village has a right to elect. Such wards shall contain population as nearly equal as may be, and be of convenient and contiguous territory, in as compact form as practicable. The board of trustees shall make a certificate of such division, which shall contain a description of each ward, and shall file the same in the office of the village clerk, and publish is in each newspaper published in the village, at least twenty days before the next annual election. One trustee shall thereafter be elected annually in each ward, for a full term.

If after such division into wards the number of trustees in the village be changed, the board of trustees shall, in like manner, make a new division inte wards.

Village Law, § 46.

Election of police justice.

The office of police justice is continued in every village in which it is now established. A village may establish the office of police justice by adopting a proposition therefor. A village, in which the office of police justice has been established, may abolish such office at an annual election, to take effect upon the expiration of the term of the police justice then in office.

Village Law, § 47.

Election of assessors.

The board of trustees shall act as assessors of the village, or may appoint of their number a committee for that purpose, unless separate assessors are appointed or elected as provided by this section. If twenty-five electors qualified to vote upon a proposition shall present a petition to the board of trustees for the election of separate assessors, it shall submit to the next annual elegtion a proposition therefor, and if such proposition be adopted, shall appoint three persons to be assessors of such village for the terms of one, two and three years, respectively, and thereafter at each annual election one assessor shall be elected for a full term of three years, unless said petition shall be for the election of one assessor, and such proposition is adopted, in which case, the board of trustees shall appoint one person to be assesor of such village until the next annual election, at which election and each annual election thereafter, one assessor shall be elected for the term of one year. In a village of the first or second class, which now has no separate assessors, the board of trustees may, by resolution, direct that three assessors be elected at the nex annual election, and they shall be elected accordingly for the terms of one, two and three years, respectively. At each annual election thereafter one assessor shall be elected for a full term of three years. A village having separate assessors, when this chapter takes effect, either elective or appointive, may continue to elect or appoint assessors until such village shall decide by a

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