« AnteriorContinuar »
VI. The police department. (S$ 180–190.)
X. Sewers. (S$ 260–277.)
SECTION 1. Short title.
2. Requisite population.
23. Compensation for services under this article.
§ 1. Short title.
This chapter shall be known as the village law.
§ 2. Requisite population.
A territory not exceeding one square mile, or an entire town, containing in either case a population of not less than three hundred, and not including a part of a city or village, may be incorporated as a village under this chapter.
[L. 1870, ch. 291, tit. I, § 1,; R. S., 9th ed. 2262,
Article 1 of this chapter is a substitute for title I of the general law of 1870, and furnishes a new method of procedure for the incorporation of villages. Reference to the source of each section is, therefore, impracticable. In a general way, however, we have referred to the section for which the new law is a substitute. The latter part of g 1 of the act of 1870 authorizing the incorporation of a territory containing a park, etc., is not re-enacted. It is probably a local application, and has served its purpose.)
The term village means an incorporated village. (Stat. Con. Law, $ 22.)
Courts will not enjoin parties from taking proceedings, authorized by law, to incorporate a village, because the parties applying for the injunction will be subject to burdens of local government, disproportionate to the benefits accruing therefrom. (Stevens v. Minnerly and others, 3 Hun, 566; Willis v. Staples, 30 Hun, 644.) The minimum of population must exist or there can be no village. No proceeding, no matter how scrupulously conducted could create a village out of a less number of inhabitants. (Gardner v. Christian, 70 Hun, 550; 24 N. Y. Supp. 339; 53 N. Y. St. Rep. 732.) Where a village admitted in its answer that it was duly incorporated, and it appeared that a special act extending the powers of the corporation had been passed, reciting the incorporation of the village, it was held that this was sufficient to establish the incorporation of the village. (Fox v. Village of Fort Edward, 48 Hun, 365.) A village is properly sued by the corporate name which it had adopted. (Sherman v. The Trustees of the Village of Clifton Springs, 25 W. D., 188.)
§ 3. Proposition for incorporation.
Twenty-five adult freeholders residing in such territory may institute a proceeding for the incorporation thereof as a village by making and delivering to the supervisor of the town in which such territory is situated, or if situated in two or more towns, to the supervisor of each of such towns, a proposition in substantially the following form:
Proposition for the incorporation of the village of ....
The undersigned adult resident freeholders of the territory hereinafter described propose the incorporation thereof by the name of the village of
The territory proposed to be incorporated does not exceed one square mile and is bounded and described as follows: (or, the territory proposed to be incorporated is the entire town of
.) Such territory contains a population of pears from the enumeration hereto attached.
(Signatures and residences.) The proposition shall be signed by the persons proposing such incorporation, with the addition of the town in which they respectively reside.
A list of the names of the inhabitants of such territory shall be attached to and accompany the proposition. At the time of the delivery of the proposition the sum of fifty dollars shall be deposited with one of the supervisors for the purpose specified in this article.
(L. 1870, ch. 291, tit. 1, $$ 2-5.)
Petition for incorporation.
A man who owns no property is not qualified to sign the petition for incorporation, though his wife owns real estate in such territory on which she is liable to taxation. In re Pine Hill, 33 N. Y. S. 181.
FORM OF PROPOSITION FOR INCORPORATION.
To George W. Wilkins, Esq., Supervisor of the town of Kinderhook, Colum
bia County, New York: We, the undersigned, twenty-five adult freeholders, residing in the territory hereinafter described, institute a proceeding for the incorporation thereof as a village, by making and delivering to you the proposition required by Sec. 3 of Art. 1 of Chap. 414 of the laws of 1897, and otherwise complying with the requirements of said chapter.
Proposition for the incorporation of the village of Niverville, N. Y.
The undersigned, adult resident freeholders of the territory hereinafter described, propose the incorporation thereof by the name of the village of Niverville.
The territory proposed to be incorporated does not exceed one square mile, and is bounded and described as follows: (Insert here a complete description of the territory to be incorporated, with its boundaries; or if a whole town is to be incorporated say the territory proposed to be incorporated is the entire town of.....
Such territory contains a population of three hundred and fifty-seven (357), as appears from the enumeration hereto attached.
(And so continue with each of the twenty-five signers.)
Attach to this a list of the names of the inhabitants of the territory described. It seems that this section does not require the affidavit of a surveyor as to the extent of territory proposed to be incorporated, or an affidavit as to the correctness of the names of the inhabitants thereof, both of which were required by the former law. It is the evident intention that these matters are to be contested on the hearing before the supervisors, if at all.
FORM FOR DEPOSIT OF MONEY.
George W. Wilkins, Esq., Supervisor of the town of Kinderhook, N. Y.:
We, the undersigned, hereby deposit with you the sum of fifty dollars for the purposes of Art. 1 of Chap. 414 of the laws of 1897. Dated Kinderhook, N. Y., June 1st, 1902.
§ 4. Notice of hearing.
Within ten days after the receipt of such proposition the supervisor or supervisors shall cause to be posted in five public places in such territory and also publish at least twice in each newspaper published therein, a notice, that a proposition for the incorporation of the village of (naming it) has been received by him or them, that at a place in such territory and on a day, not less than ten nor more than twenty days after the date of posting such notice, which place and date shall be specified therein, a hearing will be had upon such proposition; and that such proposition will be open for public inspection at a specified place in such territory until the date of such hearing.
(L. 1870, ch. 291, tit. I, $$ 2, 5, 6.)
FORM OF NOTICE OF HEARING.
To whom it may concern:
Notice is hereby given that a proposition for the incorporation of the village of Niverville has been received by me. That a hearing will be had upon such proposition at the Hotel of Henry R. Van Hoesen, in the town of Kinderhook, N. Y., on the 15th day of June, 1902, commencing at 10 o'clock in the forenoon of that day. Notice is also hereby given that the said proposition will be open for inspection at the said hotel of Henry R. Van Hoesen from the date of this notice until the date of said hearing. Dated June 2, 1902.
GEORGE W. WILKINS, Supervisor of the town of Kinderhook.
The hearing should be had and the proposition left for inspection at a place within the territory to be incorporated.
$ 5. Proceeding on hearing:
The supervisor or supervisors shall meet at the time and place specified in such notice and shall hear any objections which may