Submission of propositions; special election.

The board of trustees may, upon its own motion, and shall, upon the petition of twenty-five electors qualified to vote upon a proposition, cause to be submitted at a village election a proposition upon any question which may be lawfully decided thereat. A separate board of fire, water, light, sewer, cemetery or other commissioners may present to the board of trustees a petition, requesting the submission of a specified proposition, relating to its department, at a village election. Upon the presentation of such petition, the board of trustees shall cause the proposition to be submitted accordingly. If a petition under this section be presented after the annual election and before the first day of January following, a special election shall be called, to be held not less than ten nor more than twenty days after the presentation of such petition. If a petition be presented at any other time, and more than ten days prior to the annual election, the proposition shall be submitted at such annual election. Except for the purpose of fixing or changing the number of trustees, or for the purpose of determining whether an officer shall be thereafter elected or appointed, or the submission of a proposition to pay the additional expense of a state or county highway through the village, no special election shall be held in the months of February or March. The foregoing provisions in this section contained in respect to the time of presentation of a petition under this section and prohibiting a special election in February or March, shall not apply to villages which hold their annual election in June, but in such a village the board of trustees may, upon its own motion, submit a proposition at a special village election in April, and if such a petition be presented after the annual election, and before the first day of April following, a special election shall be called in the manner hereinbefore provided; but if a petition be presented at any other time and more than ten days prior to the annual election, the proposition shall be submitted at such annual election. Except for the purpose of fixing or changing the number of trustees, or for the purpose of determining whether an officer shall be thereafter elected or appointed, or the submission of a proposition to pay the additional expense of a state or county highway, no special election shall be held in such a village in the month of May or June. Notice of a special election for the submission of a proposition shall be given in the same manner as for an annual election. Such special election shall be held by the same officers, and conducted and the result canvassed in the same manner as an annual election.

Village Law, § 56, as amended by L. 1910, ch. 4, in effect February 4, 1910. Votes upon propositions to be by ballot.

All votes upon a proposition submitted at a village election shall be by ballot; and, unless otherwise provided, the provisions of the election law, relating to ballots, apply to propositions submitted under this chapter. Village Law, § 57.

Official undertakings.

The treasurer, collector, police justice, street commissioner, and such other officers as may be required by the board of trustees, shall, before they enter upon the duties of their respective offices, each execute to the village and file with the village clerk an official undertaking in such sum and with such sureties as the board of trustees shall direct and approve. The board of trustees may at any time require any such officer to file a new official undertaking for such sum and with such sureties as the board shall approve.

Village Law, § 58.

Notice to person chosen to a village office.

The clerk of the village shall, within three days after the election or appointment of a village officer, except the first election or appointment after the incorporation of the village, notify each person elected or appointed of his election or appointment and of the date thereof, and that he is required to file his oath of office with such clerk before entering upon the duties thereof, and, if an official undertaking be required of him, by or in pursuance of law, that he is also required to file the same with such clerk, and that upon his fail. ure so to do, he will be deemed to have declined the office. If an undertaking is required of a village officer, by or in pursuance of law, after entering upon the duties of his office, the clerk of the village shall thereupon serve upon such officer, personally, a written notice that he is required to file such undertaking with the clerk, within ten days after the service of the notice, and that upon his failure to do so, his office will become vacant.

Village Law, § 59.

Resignations and removals.

A village officer may resign to the board of trustees, and his resignation shall take effect upon the delivery thereof to the village clerk, unless a time be specified in such resignation for its taking effect thereafter, in which case, such resignation shall take effect at the time so specified.

In addition to the method provided by the public officers law, an officer, except a president or a trustee, appointed by the board of trustees of the vil lage, may be removed by the board for misconduct, on notice to such officer and an opportunity given him to make his defense.

Village Law, § 60.

Filling of vacancies.

Vacancies occurring otherwise than by expiration of term in a village office, other than that of health officer, shall be filled by the board of trustees, if the office be elective, until the end of the current official year, but if the office be appointive, for the balance of the unexpired term. If a vacancy in an elective office occurs within less than ten days prior to an annual election, and such 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 official year.

Village Law, § 61.

Refusal of officer to surrender his office.

If a person who has been an officer of a village 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,

Village Law, § 62.

REINCORPORATION.

Effect of reincorporation where proposition for reincorporation has been submitted.

If the proposition be adopted, the reincorporation of the village under this chapter shall take effect immediately upon the filing of the certificate of election in the office of the village clerk. From and after such filing such village shall be deemed incorporated under this chapter, and shall possess all the powers, enjoy all the privileges, and be subject to all the liabilities, in all respects and for all purposes, as if it had been originally incorporated thereunder. Such reincorporation shall not affect any action then pending or cause of action existing by or against such village, nor property rights thereof under the provisions of any law to which it was then subject. The officers of the village in office when the reincorporation takes effect shall continue to hold their offices until noon on the Monday following the date when the next annual election in such village may be held under this chapter, at which time their terms of office shall expire.

Village Law, § 303.

Determination of number of trustees.

A special election to determine the number of trustees to be elected in such village at the first annual election after such reincorporation shall be held in the month of February next preceding, in the manner and upon the notice prescribed by article three of this chapter. If the number of trustees be not determined before such first annual election the village shall elect two trustees. At such first annual election after reincorporation one-half of the trustees shall be elected for one year, and one-half for two years.

Village Law, § 304.

Reincorporation of certain villages confirmed.

All villages in the state incorporated by special laws and subject to their provisions which have attempted to reincorporate under the provisions of chapter four hundred and fourteen of the laws of eighteen hundred and ninetyseven and the acts amendatory thereof, between July one, eighteen hundred and ninety-seven, and January one, *ninteen hundred and four, and which have held their elections, elected their officers and conducted their municipal affairs under or agreeably or substantially under or substantially agreeably to the provisions of said law for the period of one year, or longer, are hereby declared to be regularly and duly incorporated villages under this chapter; and, so far as any defects, omissions or irregularities in the proceedings for

So in original.

such reincorporation affect their annual and special elections and meetings and their acts and proceedings at such elections and meetings and the election of their presidents and their other village officers and all the acts and proceedings of their boards of trustees and all the acts and proceedings of their officers, their said annual and special elections and meetings and their acts and proceedings at said elections and meetings and the election of their presidents and trustees and their other village officers and all the acts and proceedings of their boards of trustees and all the acts and proceedings of their officers, are hereby declared to be legal and valid; and so far as any defects, omissions or irregularities in their proceedings for such reincorporation affect the title to the offices held by their presidents, trustees and other officers, their said presidents, trustees and other officers are hereby declared to be legally holding and entitled to their offices de jure until the expiration thereof as provided by this chapter.

This section shall not affect any action or proceeding now pending in any

court.

Village Law, § 305.

PROVISIONS APPLICABLE TO VILLAGES WHOSE POPULATION EXCEEDS FOURTEEN THOUSAND.

President's term of office.

In every such village the term of office of the president shall be two official years.

Village Law, § 311.

Board of police commissioners.

Every such village by adopting a proposition therefor at an annual election may establish or abolish a separate board of police commissioners composed of five members, who must at the time of their election and during their term be the owners of property assessed upon the last preceding assessment-roll of the village. If the proposition to establish such board be adopted, the board of trustees at its next annual meeting shall appoint such 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 five years. Said board shall have all the powers and is subject to all the liabilities and must perform all the duties of the president and board of trustees so far as the same relate to the police or police department, and to the exclusion of said president and board of trustees. Village Law, § 312.