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ance of the unexpired term. If a vacancy in an elective office occurs within less than ten days prior to an annual election, and which office is not to be filled at such election, the appointment shall be for a term which will expire at the end of the next offi
[L. 1870, ch. 291, tit. II, § 10; R. S., 9th ed., 2271,
FORM OF RESOLUTION TO FILL VACANCY.
Resolved, That ..
be and he is hereby appointed to fill the vacancy now existing in the office of
of the village of caused by the (state cause of vacancy) of
who formerly held said office. Adopted.
§ 65. Refusal of officer to surrender his office.
If a person who has been an officer of a vilage refuses or neglects to deliver to his successor in office, within ten days after notification and request, all the moneys, books, papers, records, property and effects of every description, which have come into his possession or under his control, by virtue of his office, and belonging to the village or appertaining to the office, he shall forfeit and pay to the village, the sum of twenty-five dollars for each and every day he shall so neglect or refuse, and also all damages, costs and expenses caused by such neglect or refusal.
[L. 1870, ch. 291, tit. VIII, § 15; R. S., 9th ed., 2309. without change of substance. Refusal to deliver is made a misdemeanor by Penal Code, g 57. Summary delivery may be compelled under Code Civ. Pro., Š 2471-a.]
$ 66. Separate boards of commissioners.
A village which has no separate board of fire, water, light, sewer or cemetery commissioners, by adopting a proposition therefor at an annual election, may establish such a board, or may establish a municipal board, with the powers, duties and responsibilities of two or more of such separate boards. In a village of the first class a board of commissioners or a municipal board may be composed of three or five members as shall be determined by the proposition. If such proposition be adopted, the board of trustees at its next annual meeting shall appoint such commissioners, for the terms of one, two and three years, respectively, or in a village which determines to have five commissioners, for the terms of one, two, three, four and five years, respectively; and at each annual meeting thereafter the board of trustees shall appoint one commissioner for the full term of three or five years as the case may be.
Under the former law a village may not have less than five nor more than nine cemetery commissioners, three water commissioners and five sewer commissioners. The water commissioners act as light commission
Under the revision the board of trustees has all the powers and duties of a separate board unless a proposition is adopted under this section. (See $ 88, sub. 19.) The number of each board is made uniform.]
§ 67. Municipal boards; consolidation.
Upon the adoption of a proposition therefor a village may establish a municipal board possessing all the powers and subject to all the responsibilities of two or more of the boards named in this article. Such municipal board shall be composed of three members appointed by the board of trustees for the terms of one, two, and three years, respectively. Upon the filing of the certificate of the adoption of such proposition, all the powers, duties and responsibilities of such separate boards are transferred to the municipal board, and all property, records, books and papers in the possession of such separate boards shall, within fifteen days after such consolidation, be delivered to the municipal board. If the village has only one of the boards provided in this article, the powers and responsibilities of one or more other boards, named therein, may be conferred upon such existing board by the adoption of a proposition therefor at an annual election, and thereupon such existing board shall possess all the powers and responsibilities of such other board or commission consolidated with it, and shall thereafter be known as the municipal board of the village.
§ 68. Continuance of separate boards.
If a village now has a separate board of fire, water, light, sewer or cemetery commissioners, such commissioners shall continue in office during their respective terms, and no commissioners shall be hereafter appointed until the whole number be reduced by expiration of term or otherwise to less than three, except that in a village of the third class the commissioner or commissioners last appointed shall cease to be a commissioner from and after the passage of this act, until the number be reduced to three and except that if a village of the first or second class now has a board of commissioners composed of five members, such number shall be continued. All such commissioners shall hereafter be appointed by the board of trustees; and the terms shall be so adjusted that one shall expire each official year. (Ch. 668, 1898.)
Under Village Law, $ 68, where a village of the first or second class had a board of Commissioners of five members that number continues notwithstanding the passage of the act. People v. Neubrand, 60 N. Y. Supp., 588.
§ 69. Continuance of municipal Board.
A municipal board or commission hertofore created and existing in a village under a general law when this chapter takes effect is continued, and one member of such board or commission shall be appointed by the board of trustees each year for a full term, as provided by the law relating to such board or commission in force on the day next preceding the day when this chapter takes effect, and such terms are hereby established as the terms for the members of such board or commission under this chapter. Such municipal board or commission so continued shall possess all the powers and responsibilities and be subject to all the duties and liabilities herein conferred or imposed upon the several separate boards named in this article, except boards of cemetery commissioners.
$ 70. Abolition of separate or municipal boards.
A separate board of fire, water, light, sewer or cemetery commissioners, or a municipal board, may be abolished by adopting a proposition therefor at an election. The abolition of such a board shall take effect immediately upon filing a certificate showing the adoption of the proposition. Within ten days after such certificate is filed, the board shall deliver to the clerk of the village its records, books and papers; and shall also within the same time deliver to the treasurer all funds, and to the president all other property in its possession or under its control, belonging to the department.
§ 71. Books and papers to be open to inspection.
All books, papers and records relating to village affairs kept by any board or officer shall be open to inspection at all reasonable hours by every inhabitant of the village.
(L. 1870, ch. 291, tit. V, § 2, extended to all village officers.)
§ 72. Transfer of fund and records.
Within ten days after this chapter takes effect, each commissioner or board of commissioners or other village officer heretofore authorized to receive or expend village funds or having such funds under his or its control, shall file with the board of trustees a verified report showing the amount and source of such funds and the object to which the same are applicable. If such funds are under the supervision of a board or officer authorized to contract indebtedness on behalf of the village, such report shall also contain a statement of the amount of such existing indebtedness and the persons to whom and the time when the same is payable. Upon the receipt of such report, the board of trustees may require the treasurer, within ten days after notice therefor, to furnish additional security. Within ten days after the furnishing of such security, approved by the board, or if no such additional security is required, within fifteen days after the filing of the report, all funds belonging to the village shall be paid to the treasurer, and shall be received by him and credited to the proper fund as herein prescribed. All records, books and papers belonging to a board of commi sioners, separate from the board of trustees, shall, upon or before the payment of the funds to the treasurer as herein provided, be delivered to the village clerk.
GENERAL DUTIES AND COMPENSATION OF OFFICERS; ORDINANCES.
SECTION 80. President.