be presented against such incorporation upon either of the following grounds: 1. That a person signing such proposition is not qualified therefor, or 2. That, if the territory is less than an entire town, it contains more than one square mile, or 3. That the population of the territory is less than three hundred. All objections must be in writing and signed by one or more resident taxpayers of a town in which some part of the proposed village is situated. Testimony may be taken on such hearing, which shall be reduced to writing, and subscribed by the witnesses. The hearing may be adjourned, but must be concluded within ten days from the date fixed in the notice. (L. 1870, ch. 291, tit. I, §§ 2-5.) FORM OF OBJECTIONS. To George W. Wilkins, Supervisor, etc. The undersigned resident taxpayers of the territory proposed to be incorporated in the village of Niverville, hereby present the following objections against such incorporation. 1. (The objections must be on one or more of the grounds mentioned in this section, and if more than one objection they should be numbered consecutively.) Dated, Niverville, N. Y., June 14, 1902. RICHARD BARFORD AND JOHN HILL. This section provides that, "testimony" may be taken on this hearing, but no express provision is made giving the supervisor authority to administer an oath to the witnesses on this hearing. It is provided, however, by section 56 of the Town Law that any town officer may administer any necessary oath in any matter or proceeding lawfully before him, or to any paper to be filed with him as such officer, and the supervisor could probably administer the oath to the witnesses on this hearing. The following form of taking testimony could be used. In the Matter of the Incorporation of the Village of Niverville, in Columbia County, New York. On the hearing of this matter before George W. Wilkins, supervisor of the town of Kinderhook, held at the Hotel of Henry R. Van Hoesen in the town of Kinderhook, N. Y., on the 15th day of June, 1902, the following witnesses were produced and after having been first duly sworn by George W. Wilkins, such supervisor, testified as follows: Henry Strain being first duly sworn testified as follows (here insert testimony of witness and so continue with each witness, having each witness sign his testimony at its conclusion). § 6. Decision of supervisor. Within ten days after such hearing is concluded the supervisor or supervisors shall determine whether the proposition complies with this chapter, and shall within such time make and sign a written decision accordingly, and file it or a duplicate thereof in the office of the town clerk of each town in which any part of such proposed village is situated. The proposition for incorporation, a copy of the notice, the objections, testimony and minutes of the proceedings taken and kept on the hearing, shall also be filed with such decision in one of such town clerk's offices. If the decision be adverse to the proposition, it shall contain a brief statement of the reasons upon which it is based. If no appeal be taken from such decision within ten days from the filing thereof, it shall be final and conclusive. (L. 1870, ch. 291, tit. I, §§ 2-5.) FORM OF DECISION OF SUPERVISOR. STATE OF NEW YORK, Į COUNTY OF COLUMBIA, Town of Kinderhook. SS. I, George W. Wilkins, supervisor of the town of Kinderhook, Columbia County, New York, do hereby certify that I have determined, after a hearing duly had in compliance with law, that the proposition for the incorporation of the village of Niverville, in said town, county and state, does (or does not) comply with Chapter 414 of the Laws of 1897. (In case the decision is adverse a brief statement of the reasons therefor should be inserted here.) In witness whereof I have hereunto signed my name, this 21st day of June, 1902. GEORGE W. WILKINS, Supervisor of the town of Kinderhook. The proposition for incorporation, a copy of the notice of hearing, objections and minutes of proceedings taken and kept on the hearing together with the testimony should be attached to the decision of the supervisor and filed therewith in the office of the town clerk. § 7. Notice of appeal from decision of supervisor. If the decision sustains the proposition for incorporation, a resident taxpayer of a town in which any part of such proposed village is situated may appeal therefrom by serving a notice of appeal upon each town clerk with whom the decision was filed, and on at least three of the persons who signed the proposition. If the decision be adverse, five of the persons who signed the proposition may join in an appeal therefrom, by serving a notice of appeal upon each town clerk with whom the decision was filed, and on each person who signed objections to the proposition. All appeals shall be taken to the county court of the county in which the proposition, notice, objections and testimony are filed, and the notice of appeal must be served within ten days after the filing of the decision. The town clerk with whom the proposition and other papers are filed must, within five days after service upon him of the notice of appeal, transmit all such papers to the county judge. (L. 1870, ch. 291, tit. I, §§ 2-5.) FORM OF NOTICE OF APPEAL. COUNTY COURT-COLUMBIA COUNTY. In the Matter of the Proposed Incorporation of the Village of Niverville, in the Town of Kinderhook, Columbia County, N. Y. To Isaac Lamont Town Clerk of the Town of Kinderhook, and to (insert here the names of the persons mentioned in this section). Take notice that the undersigned, a resident taxpayer of the Town of Kinderhook, N. Y., in which a part of the proposed village of Niverville is situated (or if the decision is adverse say, "we, the undersigned, five of the persons who signed the proposition for the proposed incorporation of the village of Niverville" hereby appeal to the County Court of the county of Columbia from the decision of George W. Wilkins, supervisor of the Town of Kinderhook, N. Y., upon the proposition for incorporation of the village of Niverville. Dated Kinderhook, N. Y., June 30th, 1902. (Signed by the persons specified in this section.) This notice of appeal should be personally served upon each of the persons upon whom it is to be served by this section, within 10 days after the decision of the supervisor is filed. FORM FOR TOWN CLERK. To the County Court of the County of Columbia: In pursuance of Section 7 of Chapter 414 of the Laws of 1897, I, Isaac Lamont, town clerk of the Town of Kinderhook, do hereby transmit to you the proposition for the incorporation of the village of Niverville, together with all other papers filed with me in reference to such proposed incorporation. Dated Kinderhook, N. Y., this 3d day of July, 1902. ISAAC LAMONT. Town Clerk of the Town of Kinderhook, N. Y. The town clerk should attach the above return to the proposition, transmit it, together with all other papers in reference to the proposed incorporation, on file with him, to the County Clerk of his county within five days after the service upon him of the notice of appeal. 8. Hearing and decision of appeal. A person, except a town clerk, by or upon whom the notice of appeal is served, may bring on the appeal for argument before the county court, upon a notice of not less than ten nor more than twenty days. Such notice must be served upon all parties to the appeal, except a town clerk. The county court shall hear such appeal, and within ten days after the date fixed in the notice of argument, shall make and file an order affirming or reversing the decision. The county judge shall file such order, together with the papers upon which the appeal was heard, with the town clerk by whom the papers were transmitted to him. Such order shall be final and conclusive. No costs of the appeal shall be allowed to any party. (L. 1870, ch. 291, tit. I, §§ 2-5.) FORM OF NOTICE OF ARGUMENT. COUNTY COURT-COLUMBIA COUNTY. In the Matter of the Proposed Incorporation of the Village of Niverville, in the Town of Kinderhook, Columbia County, N. Y.: Sirs-Take notice that the appeal, taken by you on the 30th day of June, 1902, from the decision of George W. Wilkins, Esq., Supervisor of the Town of Kinderhook, N. Y., in reference to the above-entitled matter, and filed in the office of the town clerk of the Town of Kinderhook on the 21st day of June, 1902, will be brought to an argument before the County Court of Columbia County, at the Chambers of Hon. Sanford W. Smith, county judge of said county, in the city of Hudson, N. Y., on the 17th day of July, 1902, at 10 o'clock in the forenoon of that day or as soon thereafter as counsel can be heard. At a Term of the County Court of the County of Columbia, held at the Chambers of Hon. Sanford W. Smith, county judge of said county, in the city of Hudson, N. Y., on the 17th day of July, 1902. Present-Hon. Sanford W. Smith, County Judge. COUNTY COURT-COLUMBIA COUNTY. In the Matter of the Proposed Incorporation of the Village of Niverville, in the Town of Kinderhook, Columbia County, N. Y. The argument of the appeal of Richard Barford and others, from the decision of George W. Wilkins, supervisor of the Town of Kinderhook, N. Y., filed in the office of the town clerk of said town in reference to the aboveentitled matter on the 21st day of June, 1902, having been brought to a hearing before this court. Now after hearing E. R. Harder, Esq., of counsel for the appellants, and C. M. Bray, Esq., of counsel for the respondents, and after reading and filing all the papers and proceedings herein, and due deliberation being had thereon, it is hereby ORDERED, that the said decision of George W. Wilkins, supervisor of the the Town of Kinderhook, N. Y., in reference to the proposed incorporation of the village of Niverville be and the same is hereby in all things affirmed. SANFORD W. SMITH, County Judge of Columbia County. Patrick Canavan, Clerk. This order, with all papers relating to the appeal to be transmitted to the office of the town clerk of the town from which he received the papers. § 9. When election may be held. An election to determine the question of incorporation upon such proposition shall be held in either of the following cases: 1. Where a decision has been made sustaining the proposition, and an appeal has not been taken therefrom. 2. Where an appeal has been taken from a decision sustaining the proposition, and such decision has been affirmed by the county court. |