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amine and report. The commissioners shall take the oath of office before proceeding.

1 R. S., 1244, § 8.

§ 1067. If the court is satisfied that a correct The order. survey and census have been taken, and the foregoing requirements of this chapter have been complied with, and the census shows the requisite population; and that the interests of the inhabitants will be promoted by the incorporation, and that the lands to be embraced ought justly to be included, it shall make an order setting forth the bounds by course and distance, as in the petition, or modified therefrom, as justice may require, and declaring that if the electors assent, as hereinafter provided, the territory embraced shall be a village by the name specified, or such other name as to the court seems proper. The order shall name three inspectors of elections of the towns in which the village lies to perform the duties hereinafter required.

Ib., § 9.

§ 1068. The inspectors shall forthwith call a meeting of the electors of the territory, to be held therein, to determine whether it shall become a village. The notice shall specify the time, place and purpose of the meeting, and that the polls will be open from ten o'clock in the forenoon till four o'clock in the afternoon; and shall for three weeks previous to the meeting be published or

Notice of

submission of question

to vote.

Conduct of meeting.

Certificate

of result.

Order of certificate of county judge.

posted in the same manner as prescribed by section 1064.

1 R. S., 1244, §§ 10, 11.

§ 1069. The inspectors shall preside at the meeting, and open and close the polls at the hours mentioned in the preceding section. Electors qualified as electors of their town, and residing within the bounds specified in the order, are entitled to vote. The ballots shall have thereon the word "Yes," or the word "No." The provisions of law regulating the election of town officers apply to such meeting so far as they are applicable.

Ib., §§ 12, 13.

§ 1070. Within fourteen days after the meeting, the inspectors shall cause to be submitted to the county judge of the county in which the application was made, a certificate of having held the meeting, and of the canvass, showing the number of ballots having "Yes" and the number having No," together with a copy of the notice of the meeting and affidavit of publishing or posting it as required.

66

Ib., § 14.

§ 1071. If the proceedings in the calling, or the conduct, of the meeting, or in making the certificate of result are illegal, the county judge shall order another meeting, which shall be notified, conducted, and the result certified, as herein before prescribed. His order shall be filed in the county

clerk's office. If the proceedings are legal he shall certify thereto; and the papers and certificate shall be filed and recorded in the county clerk's office, and are presumptive evidence of the matters therein contained.

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1 R. S., 1244, §§ 14, 16.

tion.

§ 1072. If a majority of ballots have the word IncorporaYes," the inhabitants of the territory shall, from the time of such filing, be a body politic and corporate by the name specified in the order; and a meeting for the election of officers shall forthwith be called by the inspectors, as provided in the next chapter. If otherwise, no further proceedings shall be had in respect to the application.

Ib., § 17.

incorpora

tion.

§ 1073. When a written application, signed by Dissolving at least one-fourth as many electors of the village as voted for village officers at the preceding election, is made to the trustees to call a meeting of the electors to determine whether the village shall remain a corporate body, the trustees shall call such meeting, and conduct it and certify the result, as near as may be, in the mode provided in the next chapter for meetings for election of officers. The polls shall be kept open from ten o'clock in the forenoon till four o'clock in the afternoon. Every elector may vote by a ballot having thereon the word "Yes" or the word "No." If a majority have the word "No," the village shall, at the expiration of six months from the

Certain vil

lages may adopt provisions of this title.

time of the meeting, cease as a corporate body, and within that period the trustees shall call a meeting at which the electors may direct the disposition of the property, if any remain after discharging the village liabilities, or, if there is a deficiency, may raise by tax any sum necessary to discharge such liabilities. At the expiration of that period all books and papers of the village shall be deposited with the clerk of a town in which the village or a part of it was; and the supervisor of the town or supervisors of the towns in which the village was, become trustees of its remaining property.

1 R. S., 1214, §§ 95, 96.

§ 1074. The electors of any village incorporated before the 7th day of December, 1847, may, at any annual meeting for election of officers, declare by resolution that any specified sections of this title shall apply to such village, and twenty days after the passage of such resolution the sections specified shall take effect respecting such village, and operate to repeal, as to such village, all laws inconsistent with such sections. Every such resolution shall, within ten days, be published by the trustees in a newspaper printed in the village, or, if there is none, then in the one printed nearest thereto.

Ib., §§ 97, 98.

CHAPTER II.

VILLAGE OFFICERS.

ARTICLE I. Election and qualification of officers.

II. The board of trustees.

III. Other officers.

ARTICLE I.

ELECTION AND QUALIFICATION OF OFFICERS.

SECTION 1075. Officers enumerated.

1076. Time of elections.

1077. Conduct of elections.

1078. Tie vote to be determined by lot.

1079. Provisions peculiar to first election.

1080. Vacancies.

1081. Resignations.

1082. Oath of office.

1083. Certain officers to give security.

enumerated

§ 1075. The officers of a village are five trustees, omeers one of whom is president, three assessors, a collector, a treasurer, a clerk three street commissioners when the village is not a separate road district, such number of fire-wardens, not exceeding five, as the trustees from time to time fix by ordinance, and a pound-master. Each holds office for one year, beginning on the third Tuesday of March after the election; except that the officers first elected on the formation of a village hold office only till the third Tuesday of March following their election.

1 R. S., 1244, §§ 23, 25.

elections.

1076. The election of officers shall be held on Time of the first Tuesday of March in each year, unless a town meeting of the town is held on that day, in

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