Page images
PDF
EPUB

Qualifica. tions of

voters.

Propositions.

a meeting to fill the elective offices of the village shall be held therein, at which, and at any subsequent meetings, proposals for raising money by tax for the purposes of the village may be also submitted for adoption or rejection. Public notice of the time and place of holding such meeting, containing also a statement of the amount of money proposed by the village board to be raised, if any, and the particular object or objects to which the same shall be applied, shall be given, by posting the same in six conspicuous and public places in said village, or by publishing the same in a newspaper in said village, at least two weeks previous to the time said meeting shall be held. Such election shall be by ballot. A voter at a village election must possess the following qualifications:

1. To entitle him to vote for an officer, he must be qualified to vote at a town meeting of the town in which he resides, and must have resided in the village thirty days next preceding such election.

2. To entitle him to vote upon a proposition, he must be entitled to vote for an officer, and he must also be the owner of property in the village assessed upon the last preceding assessment-roll thereof. A woman who possesses the qualifications to vote for village officers, except the qualification of sex, who is the owner of property in the village assessed upon the last preceding assessment-roll thereof, is entitled to vote upon a proposition to raise money by tax or assessment, or for the dissolution of the village. But no qualified elector residing in a portion of the village lying in one county shall be deprived of his vote by reason of having moved into that portion of the village lying in the other county. Each elector voting on any question to raise money pursuant to this act shall in the ballot cast by him indicate which particular proposition or propositions he favors and which he Inspectors. opposes. The present trustees of said village shall be inspectors of election, and shall preside and act as such at the meeting to be held on the first Tuesday of March, nineteen hundred and fourteen. and thereafter the president and trustees (officers under this act) shall preside and discharge the duties of inspectors at such meetings; and immediately on the closing of the polls at any election, the inspectors shall, without adjourning, proceed publicly to canvass the votes and declare the result, and make, subscribe and deliver to the clerk of the village a certificate showing the several officers elected, and the particular measures or propositions, for raising money, or otherwise, adopted by the meeting. The persons

Canvass.

and closing

Special

eligible and having the greatest number of votes for any office shall be declared elected to such office. In case of a tie for any officers Tie vote. the inspectors shall forthwith, and before making their certificate of the result, determine by lot, publicly, which shall be deemed elected, and shall set forth the result in their certificate. The polls at any election shall be opened at nine o'clock in the fore- Opening noon, and be closed at four o'clock in the afternoon. If for any of polls. cause an annual election shall not be held, then the president and elections. trustees, or a majority of them, shall call a special meeting for the election of the elective officers, for which the same notice shall be given as for an annual meeting and the election shall be held, presided over and conducted in the same manner as an annual election. And, in case the president and trustees, or a majority of them, shall for ten days after the time the annual election should have been held omit or neglect to give such notice of such special meeting, then and in such case, any five of the tax paying voters of said village shall have power to call such special meeting, and they shall give the same notice as is required to be given for, and the meeting shall be held in the same manner as an annual meeting, except that the persons calling such meeting shall preside thereat, and shall perform the duties, have the powers and be subject to the liabilities of inspectors of election thereat, and shall make, subscribe and deliver to the clerk of the village their certificate of the election in the same manner as is required of inspectors in other cases. And every election so held shall be as valid and shall have the same force and effect as an annual election. Special meetings for the purpose of voting on propositions submitted by the village board to raise money for village purposes, may also be held at any time in any year after the first Tuesday of March, nineteen hundred and fourteen, on a like notice by the president and trustees, or a majority of them, which notice shall also specify the amount proposed to be raised and the particular object to which the same shall be applied. Such meeting to be also held, presided over and conducted in the same manner as an annual meeting by the president and trustees; provided, however, that no one not a tax paying voter, as provided in section four hereof, shall be entitled to vote thereat. At any Town election held in such village, the persons acting as inspectors shall laws appllhave the powers of town boards at elections for town officers, and all the laws applicable to such town elections shall apply to any election, and to any meeting to vote on the question of raising

election

cable.

on money voted.

money, held in said village, so far as the same are applicable to the Restriction provisions of this act and not inconsistent therewith. The money raised by the direction of any meeting of the village authorized by this act shall be applied to no other purpose or object than that specified in the call for the meeting.

Oath of

office.

Bonds of treasurer and col

lector.

Village board.

Duties of president.

5. Each of the officers of the village before entering on the duties of his office shall take and subscribe an oath before any person authorized to administer oaths to support the constitution of the United States, the constitution of the state of New York, and to faithfully perform the duties pertaining to his office, which oaths shall be filed with, preserved and kept by the clerk.

§ 6. The treasurer and collector shall also, before entering on their respective duties, severally execute to the village a bond, in such form and penalty, and with such surety or sureties. as shall be approved by the president, for the safe keeping and proper application of the moneys of the village to be received and paid out by them, respectively, and for the rendering of a true account thereof to the village board, at the time required by this act and before the annual meeting each year, and for the paying over to his successor in office the balance remaining in his hands, which bond shall also be filed with, preserved and kept by the clerk.

7. The president and trustees shall constitute the village board. The president shall be president of said board, and shall preside at its meetings, if present, and be entitled to discuss any question which shall come before it, and a casting vote or ballot only when questions voted upon are tie. If, however, he shall be unable to perform the duties of his office, the other members of the board shall appoint one of their number to act in his place and stead, and the person so selected shall have all the powers and perform all the duties of the president of the village until the president shall resume his office or the vacancy be filled according to this act. In addition to his duties as a member of the village board, it shall be the duty of the president to see that the by-laws, rules and ordinances of the village and the provisions of this act are enforced. He shall maintain peace and good order in the village; and shall have the power, and it shall be his duty to direct the police constables and policemen in the discharge of their official duties, and shall have personal supervision over the affairs of the village, cause to be brought or defended whatever actions in law or equity shall be ordered to be brought or defended by the village board, including actions for fines and penalties, and on the

report.

official bond executed by village officers. He shall draw all orders on the treasurer for bills and demands audited and allowed by a resolution of the village board, and shall specify thereon, the fund out of which the same shall be paid. He shall, in behalf of the village and when authorized by the board execute all deeds, leases and contracts to be executed as the act of the village. He shall Annual also report in writing and file the same with the clerk three weeks before the annual meeting of the village for the election of officers, the condition of the village as to its general affairs, and particularly as to its financial affairs, showing among other things the amount of money received in the treasury and from what source derived, the amount expended and for what purposes, giving the details of the expenditures, and for what objects during the then preceding year, and shall present an estimate of the expenses needed for the then ensuing year, and the objects for which the same are required, distinctly specifying each of said objects severally, and the amount for each. Which report shall be filed and remain with the clerk subject to examination by any elector of said village. He shall also see that the requisite bonds in sufficient penalty and with sufficient sureties are executed by the officers required to give the same.

Duties of treasurer.

report.

§ 8. The treasurer shall receive and pay out all the moneys belonging to the village. He shall not pay out any money except on the written order of the then acting president, and only out of the fund specified in the order. The books and entries of the treasurer shall be open for inspection by any elector of the village at all reasonable hours. He shall make a written report to the Annual village board on or before the first Tuesday of February in each year, of the condition of the treasury, a detailed statement of the moneys received, and also a detailed statement of the moneys paid out by him, to whom, and on what authority he paid the same, the then preceding year, and the balance, if any, remaining in the treasury.

clerk.

§ 9. The clerk, under and subject to the direction of the village Duties of board, shall have the care and custody of the corporate seal, records and books (except the treasurer's books) and papers of the village. It shall be his duty to attend the meetings of the village board and also the annual and special meetings of the village and meetings of the trustees, when acting as assessors, and act as clerk of such meetings. He shall keep and record the minutes thereof, respectively, in a book to be procured and furnished to him by the

Duties of

collector.

receiving

taxes.

board for that purpose. He shall also act as clerk at village elections and keep a list of voters thereat. He shall also carefully record the proceedings of the annual and special meetings of the village, furnished to him by the inspectors thereof, and all of the proceedings of said board and of said village meeting shall be carefully indexed for ready reference, and he shall countersign the tax warrants of the village board.

10. The collector shall collect and receive all taxes for which the warrant of the village board, subscribed by the president and countersigned by the clerk, shall be delivered to him, and within the time specified in such warrant, and shall pay the same into the hands of the treasurer without delay, and take his receipt for the same, and make return to the clerk of the amount of taxes collected by him and paid over to the treasurer, and of the particular taxes unpaid. The collector shall give a receipt to the clerk for the warrant delivered to him on his receiving the same. Upon Notice of receiving the assessment-roll and warrant the collector shall cause a notice to be published at least once in the official paper, if any, and also in each other newspaper published in the village, and posted conspicuously in five public places in the village, stating that on six days specified therein, not less than nine nor more than twenty days after the publication and posting thereof, he will attend at a convenient place in the village, specified in the notice, for the purpose of receiving taxes. At least seven days before the first date fixed in such notice, the collector shall serve a copy thereof upon each corporation named in or subject to taxation upon the assessment-roll, and whose principal office is not in the village, by delivering such copy to a person designated by the corporation for that purpose by a written designation filed with the village clerk, or to any person in the village acting as the agent or representative in any capacity of such corporation. If there is no such designated person or agent in the village service of such notice upon the corporation shall be not required. Any person or corporation paying taxes within twenty days from the date of the notice, shall be charged with one per centum thereon, and thereafter with five per centum, for the fees of the collector. If a notice is not served upon a corporation as herein required, the collector shall only be entitled to one per centum as his fees upon the taxes assessed against it. After the expiration of such twenty days the collector shall proceed to collect the taxes remaining unpaid, and for that purpose he possesses all the powers of a town

Feea

Collection

of unpaid taxes.

« PreviousContinue »