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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.

(New.)

$ 27. 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.

(New.)

FORM OF APPOINTMENTS.

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COUNTY OF COLUMBIA,

Town of Kinderhook.

I, Isaac Lamont, town clerk of the Town of Kinderhook, under and by virtue of the power vested in me by Section 27 of Chapter 414 of the Laws of 1897, do hereby appoint Lewis L. Van Allen village clerk of the Village of Niverville, who shall serve until his successor is chosen. Witness my hand at Kinderhook, N. Y., September 6th, 1902.

Isaac LAMONT, Town Clerk of the town of Kinderhook.

The town clerk should appoint all of the officers mentioned in this section. The above form can be adapted to each one.

For constitutional oath of office, see Section 11.

§ 28. 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 not be 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'clock in the afternoon.

4. The officers to be elected.

(New.)

FORM OF NOTICE OF ELECTION.

To the Electors of the Village of

Notice is hereby given that an election will be held for the purpose of electing officers of the village of

Said election will be held at in said village of

on the .... day of 190.., between the hours of

and
The following officers are to be elected at such election:
A president, two trustees, a treasurer and a collector.
Dated at

this
day of

190..

.)

Village Clerk.

$ 29. Officers to be elected; terms of office.

The following officers shall be chosed 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.

(L. 1870, ch. 291, tit. I, § 18.)

§ 30. 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.

(L. 1870, ch. 291, tit. I, $$ 18-20.)

§ 31. First meeting of board of trustees.

Within five days after said first election, the president and trustees elected thereat shall meet and appoint a clerk and street commissioner. They may also appoint such other officers as are authorized by law.

See note under $ 83 Post.

FORM OF APPOINTMENT.

SS.

STATE OF NEW YORK,
COUNTY OF

Village of In pursuance of section 31 of Chapter 414 of the Laws of 1897, we the undersigned, trustees of the village of .., hereby appoint to fill the office of .... in and for the village of Witness our hands at the village of ....

this

day of 1902.

• •

.....9

Trustees of the Village of

§ 32. Temporary loan for expenses.

The board of trustees first elected may borrow not exceeding five hundred dollars upon the credit of the village for the purpose of raising funds to defray the expenses of incorporation, and such other necessary expenses as may be incurred before the collection of the first annual tax, and the amount so borrowed shall be included in the first tax levy.

(New.)

FORM OF RESOLUTION TO BORROW MONEY.

Resolved, that the Village of

borrow the sum of for the purpose of raising funds to defray the expenses of incorporation, and for such other necessary expenses as may be incurred before the collection of the first annual tax of the village of

The record of the clerk should show the vote on this resolution.

ARTICLE II.

OFFICERS AND ELECTIONS.

SECTION 40. Classification of villages.

41. Qualification of voters.
42. Eligibility to office.
43. List of village officers; official year; mode of

choosing; terms of office.
41. Number of trustees.
45. Changing number of trustees.
46. Readjustment of terms of trustees.
47. Determination of future number of trustees.
48. Abolition of existing wards or districts.
49. Election of trustees by wards.
50. Election of police justice.
51. Election of assessors.
52. Election districts.
53. Officers to be elected at annual election.
54. Inspectors of election.

55. Annual elections..
56. Canvass of annual election.
57. Failure to designate terms.
58. Special elections of officers.
59. Submission of propositions; special elections.
60. Votes upon propositions to be by ballot.
61. Official undertakings.
62. Notice to person chosen to a village office.
63. Resignations and removals.
64. Filling of vacancies.
65. Refusal of officer to surrender his office.
66. Separate boards of commissioners.
67. Municipal boards, consolidation.
68. Continuance of separate boards.
69. Continuance of municipal board.
70. Abolition of separate or municipal boards.
71. Books and papers to be open to inspection.
72. Transfer of funds and records.

§ 40. Classification of villages.

Villages are divided into classes according to their population as shown by the latest village enumeration 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.

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.

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