93. Approval by board of trustees of ordinances of separate board.

94. When ordinances take effect.

$80. President.

The president of a village is its executive officer and the head of its police force. It is his duty to see that the provisions of this chapter, and the resolutions and ordinances of the board of trustees, are enforced, to cause all offenses created thereby to be prosecuted, to institute civil actions in the corporate name of the village for penalties recoverable by the village, to exercise supervision over the conduct of the police and other subordinate officers of the village, and to recommend to the board of trustees such measures as he think necessary. may If the president

be absent or unable to perform the duties of his office, the trustees shall appoint one of their number to act as president, who, during the absence or inability of the president, is vested with. all the powers and may perform all the duties of the president.

[L. 1870, ch. 291, tit. V, § 1; R. S., 9th ed., 2295.

The requirement that the president shall cause all offenses to be prosecuted and civil actions instituted in the corporate name of the village is new as an express statutory provision, but it is doubtless implied in the original law.

L. 1870, ch. 291, tit. VIII, § 6, provides that all actions, etc., shall be in the corporate name of the village.]

The president of the village being duly authorized to represent the village, and to do or cause to be done any act necessary for the due protection and preservation of the rights and interests of the village, is authorized to make such expenditures as may be necessary and such expenses become a proper village charge. Kent v. Village of North Tarrytown, 50 App. Div. 511.

$81. Treasurer.

The treasurer of a village is its chief fiscal officer. He shall receive all moneys belonging to the village, and keep an accurate account of all receipts and expenditures thereof, showing the funds for which, and the persons from whom, such moneys are received, and the funds from which, and the persons to whom,

such moneys are paid. He shall deposit all moneys received by him in the banks designated by the board of trustees, subject to his check, as treasurer. Interest on village money belongs to the village, and must be credited by the treasurer to the proper fund. No money shall be paid from the treasury of the village, except in pursuance of a judgment or order of a court, or an audit and allowance by the board of trustees, and an order designating the fund, signed by the president and countersigned by the clerk, or by an order of a board of commissioners of the village, upon a fund within its jurisdiction. The treasurer shall not draw any money so deposited by him, except in pursuance of such judgment or order. He shall report, in writing, to the board of trustees when requested, the amount of money received by him since his last report, the sources thereof, and the true state of the treasury, which reports shall be filed with the village clerk. He shall, on or before the fifth day of March in each year, file with the village clerk an accurate, detailed and verified statement, showing all moneys paid into the village treasury during the previous fiscal year, the persons by whom, and the funds for which, the same were paid, all expenditures from the treasury during such year, the persons to whom, and the funds from which, such moneys were paid, the balance in the treasury to the credit of each fund at the commencement and at the end of the fiscal year, and all indebtedness of the village outstanding, to whom, so far as practicable, the same is owing, upon what account, and when payable. The treasurer shall make such further reports as may be required by the board of trustees.

[L. 1870, ch. 291, tit. V, § 2; R. S., 9th ed., 2293.

This section expressly requires the treasurer to act as the fiscal officer of the village, and receive all moneys belonging to the village from whatever source derived. This modifies the original law, which in certain cases requires the board of water commissioners or other board, to receive and expend the funds belonging to that account. This section requires a separate account to be kept of the funds applicable to the particular purpose. The treasurer is required to make a report of the financial condition of the village and file the same in the office of the clerk on or before the fifth

day of March in each year, the fiscal year of the village being fixed by section 80 as ending the last day of February. Under the original law, the treasurer is required to exhibit to the board of trustees, at least fifteen days before the annual election in each year, a full account of the village finances. It seems better that this report should be filed with the clerk, and open to public inspection until the day of election. It is required to be published as part of the annual financial statement. (See § 101.)]

A treasurer cannot use his official position to secure payment of his private claim. When T. had a claim of $40 which was audited and ordered paid by the corporation and K., who was treasurer paid T. but $24 and deducted $16 which T. owed him, it was held that T. could sue K. for conversion and recover. (Tobin v. Kage, 64 Hun, 531; 46 N. Y. St. Rep., 500; 19 N. Y. Supp., 440; Clark v. Miller, 37 St. Rep. 345; 14 N. Y. Supp., 53.) The treasurer is the chief fiscal officer of the corporation. (Gage v. Village of Hornellsville, 106 N. Y., 667; Judson v. Village of Olean, 40 Hun, 159; Fisher v. Village of Cortland, 42 Hun, 173.)

§ 82. Clerk.

The clerk of each village shall, subject to the direction and control of the board of trustees, have the custody of the corporate seal, and of the books, records and papers of the village, and of all the official reports and communications to the board. He shall act as clerk of the board of trustees, and of each board of village officers, and keep a record of their proceedings; he shall keep an indexed record, in a separate book, of all village ordinances; he shall keep an accurate account of all orders drawn on the treasurer of the village, showing the persons to whom, and the fund from which, the amount of each order is to be paid. He shall, at all reasonable hours, on demand of any person, produce for inspection the books, records and papers of his office, and shall furnish a copy of any portion thereof, certified in the proper form to be read in evidence, upon the payment of his fees therefor, at the rate of six cents per folio.

[L. 1870, ch. 291, tit. III, § 3; R. S., 9th ed., 2274. L. 1870, ch. 291, tit. VIII, § 13; R. S., 9th ed., 2308, which provides that the trustees shall have the and papers and seal belonging to the corporation. act of 1870 defining the general powers of the clerk.

custody of the records There is nothing in the This section is, there

fore, new as an express provision. The act of 1847, ch. 426, § 71, defines the power of a clerk more fully than the act of 1870. The clerk is required by this section to act as the clerk of each village board, in the same manner as the treasurer is required to act as treasurer of each of such boards. The water commissioners are now authorized by L. 1875, ch. 181, § 3, to appoint from their number a secretary. The sewer commissioners are authorized by the act of 1889, ch. 375, § 2, to appoint a clerk to be paid a salary not exceeding two hundred dollars a year.]

LEGISLATIVE LAW.

§ 46. Sub. 3. One copy to each of the following officers: Each town clerk, for the use of the town; each district attorney, the clerk of each board of supervisors, for the use of the board; each surrogate, except where the county judge acts as surrogate, for the use of the surrogate's court; to the county treasurer of each county; each jury commissioner, in counties in which the office of jury commissioner has been created; to the mayor of each city, for the use of the city; and to each village clerk. Every such officer shall deliver such copy of the session laws to his successor in office (Ch. 293, 1902.)

LAWS 1892, CHAPTER 682. (Legislative Law.)

49. Slips of session laws to be forwarded to clerks.

The county clerk of each county shall, on or before the first day of January of each year, notify the Secretary of State of the total number of towns villages and cities within such county. The Secretary of State, as soon as practicable after the receipt of slips of the session laws from the printer shall send to the county clerk of each county a sufficient number of each printed slip of each law and concurrent resolution of the legislature affecting such county or any municipality therein, to supply such county and each such municipality affected by any such law or concurrent resolution, with one copy thereof. The county clerk of each county, as soon as practicable after the receipt thereof, shall send one of each such slips affecting any town, village or city therein to the clerk thereof, and shall retain one of each such slips on file in his office. Such distribution by the county clerk shall be by mail and shall be a county charge. Such slips shall be kept on file in the office of such clerks, arranged in the order in which they were passed. Such clerks shall not be entitled to any fee or compensation for filing such slips or keeping the same on file in their respective offices. (As amended by Laws 1896, ch. 259.)

LAWS 1894, CHAPTER 166.

Section 1. Use of typewriting machines for recording pubjic documents.

The public officers of this state or of any municipal corporation therein, having charge of the recording of public records, papers, documents or matters now required by law to be recorded in their respective offices, are hereby authorized and empowered to use typewriting machines for recording the

same.

When the record of the proceedings of the board of trustees shows that a street commissioner was appointed at a meeting of the trustees, and took the oath of office and filed a bond, it cannot be objected to the validity of

his appointment that no commission was issued, as the act does not provide for a formal commission. (Cotanch v. Grover, 57 Hun, 277.) But the case of (People ex rel. Wright v. Willard, 44 Hun, 581), holds that a paper is to be issued to the appointee, and that the resolution of the board entered upon its minutes is not sufficient. This decision was in the case of the appointment of a trustee however.

83. Street commissioner.

Under the direction and supervision of the board of trustees, the street commissioner of a village has supervision and charge of the construction, improvement and repair of the public grounds, squares, parks, streets, walks, culverts, wells, and of such other property of the village as the board may determine; and may employ the requisite laborers and direct them as to the time and manner of the execution of their work. He shall certify to the board of trustees, when required, the names of all persons who have been so employed, the rate of compensation and their term of service.

(New.)

See note under § 43 anti..

Street commissioners.

When the village trustees employ and pay an attorney, the street commissioners have no right to employ and pay another. It is the exclusive right of the trustees to employ an attorney. People ex rel. French v. Town, 1 App. Rep. 127.

84. Board of health.

The board of health of each village shall have all the powers, and be subject to all the duties, provided by the public health law.

(New.)

Health officer.

The Board of Health have no power to fix the compensation of any person for services, except the health officer. Services of the health officer as a physician, not performed in his line of duty as health officer, are only a proper claim for audit as any other village charge by the trustees. People ex rel. McGovern v. Trustees, 2 App. Rep., 30.

See chapter on "Public Health."