Body corporate.

Officers.

line to the lands of Samuel Spafford; thence west to the southwest corner of Mary Day's land; thence north to the north line of said lot number ninety-three; thence west on said lot line to the center of the spring brook leading from a spring in Dwight Day's land; thence northerly in a direct line to and in such direction that it shall strike the small pond or raceway of the stone gristmill at the south margin thereof, and at a point directly south of the center of the gap cut in the rocks and forming a waste weir to said grist-mill raceway; thence from that point on the south margin of said raceway up and along said south margin of said raceway and along the south bank of the mill-pond and creek, as the same winds and turns, till it intersects "Montville creek" at its junction with Dutch creek; thence across Montville creek and Dutch creek to the southeast corner of John Stoyell's farm; thence northerly along the right bank of said Dutch creek to the southeast corner of Silas B. Young's land, formerly known as the Cady lot, and along said Cady lot to the north line of lot number eighty-three, upon or near the summit of the right bank of Dutch creek; thence west along the north lines of lots number eightythree and eighty-two, to the place of beginning, shall hereafter be known and distinguished by the name of "The village of Moravia."

S2. The citizens of this state, from time to time inhabitants within the aforesaid bounds and limits, shall henceforth and forever be a body politic and corporate, in fact and in name, by the name of "The village of Moravia," by which name they and their successors may sue and be sued, complain and defend, answer and be answered unto, in all courts and places whatsoever; adopt and use a common seal, and alter it at pleasure, and take, hold, purchase. sell, assign and convey any personal or real estate, as the purposes of the corporation may require.

TITLE II.

OF OFFICERS AND ELECTIONS.

S1. The officers of said village shall consist of five trustees, one clerk, one treasurer, and such other officers as are hereinafter authorized to be appointed or elected, all of whom shall be inhabitants of said corporation, and

qualified to vote therein, under this act; which said officers shall be elected at the annual meetings in said village, for the election of officers, or at special meeting in said village, duly notified to be held, in accordance with the provisions of this act, and shall hold their respective offices until the next annual election of village officers and until their successors are duly qualified.

$ 2. An election shall be held in said village, on the Election. fifth of April, eighteen hundred and fifty-nine, for the election of said officers, at the house of Cordial S. Jennings, at which election, Guernsey Jewett, William Tallman and Amasa H. Dunbar, or a major part of them, shall be inspectors, and hold and conduct the same, and canvass the votes given thereat, and declare the result, in the manner prescribed in this act for other elections. Said inspectors shall also appoint a clerk of such election, who shall keep a poll list, and make accurate minutes of the proceedings of such election of the officers elected thereat, and enter the same in a book to be provided for that purpose, and which shall be paid for by said corporation.

tion of vo

S3. Every person residing in said village, who shall Qualifies have been a resident thereof for thirty days next preced- ters. ing any election under this act, and possesses the qualifications prescribed by the constitution, to authorize him to vote for election of officers, may vote at any election, held in pursuance of this act; but no person shall vote upon any proposition to raise a tax, or appropriate the same, at any meeting or election, unless he shall at the time be liable to be assessed for such tax.

election.

S4. An election shall be held on the first Tuesday in Annual February, eighteen hundred and sixty, and in each year thereafter, for the election of such officers as are herein provided to be elected; the trustees for the time being, or a major part of them, shall be the inspectors of such election, and preside thereat. They shall canvass the votes given thereat; openly declare the result, and declare the persons receiving the greatest number of votes for the respective offices, duly elected to the respective offices to which they were chosen, and give a certificate of such result, signed by them, to the clerk of the corporation, who shall keep and record the same, in the book containing the proceedings of the corporation, which record shall be sufficient evidence of such result. The

Election shall be by ballot.

Treasurer to give

bonds, &c.

Acceptance

term of office of said trustees and said other officers shall expire in one year next after such election; but all officers so elected shall continue to hold their offices and perform the duties thereof, until others shall be duly elected and qualified to succeed them. All elections of officers under this act shall be by ballot, and the person having the greatest number of votes for any office shall be declared duly elected; all laws relating to general elections of state officers, as far as the same are applicable, shall be deemed to apply to all elections under this act, and the inspectors of elections, under this act, shall possess the same power, in all respects, as near as may be, as inspectors of elections in towns possess.

S5. The treasurer shall, before he enters upon the duties of his office, execute a bond to "The village of Moravia," in such penalty and with such surety or sureties as the board of trustees of said village shall approve, conditioned that he will faithfully execute the duties of his office, and account for and pay all moneys received by him pursuant to the provisions of this act, which bond, with the approval of the board of trustees indorsed thereon, shall be filed with the clerk of said village.

S6. If any person who shall have been duly elected of office. to any office in said village pursuant to this act, shall not within ten days thereafter, signify his acceptance of such office, either by filing his written consent or his official oath, when such oath is required, with the clerk of said village, his neglect so to do shall be deemed a refusal to serve. And if any person having been an officer in said village shall not, within five days after notification and request, deliver to his successor in office all books, papers, property and effects, of every description, in his possession or under his control, belonging to said village or appertaining to his office, he shall forfeit and pay for the use of said village, to be sued for and recovered in the corporate name of said village, the sum of fifty dollars, besides all damages caused by such neglect or refusal so to deliver.

Arustees to appoint president.

S7. The trustees shall, from time to time, appoint one of their number president of the board of trustees, who shall hold the office of president during the pleasure of said board; and it shall be his duty to preside at the meetings of the trustees, to call extraordinary meetings

of the trustees whenever he shall think proper, to receive complaints of any breach of the by-laws, to see that all by-laws, rules, regulations and ordinances are faithfully executed and preserved, and to prosecute in the corporate name (except where it is otherwise provided) for all offenses against such by-laws, rules, regulations and ordinances, and for all fines, penalties and forfeitures for the use of said village, and to do such other acts as the trustees may legally require him to do. SS. The board of trustees may, from time to time, Chief engi appoint a chief engineer and an assistant engineer of the fire department, one or more fire-wardens, one poundmaster, and one or more overseers of highways in and for the said village, which said officers shall hold their offices respectively during the pleasure of the board of trustees, and no longer.

neer, &c.

attend all

&c.

$9. The clerk shall attend and act as clerk to all Clerk to meetings and elections of the inhabitants, and all the meetings, meetings of the board of trustees, record their proceedings, keep all books and papers and the seal of the corporation, and deliver the same to his successor in office, on demand; and copies of all papers in his office, duly filed, and transcripts from records of the proceedings of the board of trustees, certified by him, under the corporate seal, shall be received in evidence in all courts and places, and shall have the like effect as if the originals were produced and proved; and for certifying the same he shall be entitled to receive six cents for each and every folio thereof from the person requiring the same. The books and papers in his custody shall always be open to the inspection of any and all persons. He shall attend to the publication and service of all notices, by- Clerk shall laws and ordinances, as the trustees shall direct; shall notices, &a notify all officers of their election or appointment, and shall perform such other duties and acts as the trustees shall lawfully, from time to time, direct or ordain. He shall record all surveys made by the trustees, from time to time, of the boundaries of said corporation, and of all streets surveyed, laid out, altered, or determined or affected by order of said trustees, in a book to be provided for that purpose; and such record, or a copy thereof, duly certified by said clerk under said corporate seal of said village of Moravia, shall be sufficient evi

publish all

Poll list to be kept.

Treasurer

to receive

all moneys.

Vacancies how filled.

Special elec

tion.

dence in all courts and places of such surveys, determinations and other matters therein contained, and of the correctness thereof. And said trustees may allow to said clerk such compensation for his services as they shall deem proper, which compensation, when once fixed, shall not be altered by them so as to affect any clerk then in office; but such trustees shall perform their duties without compensation.

$10. The clerk shall keep a poll list of all persons voting at any election under this act, and in case of his necessary absence, he may depute some one to act in his stead, or the trustees may for the time being supply the vacancy.

S 11. The treasurer shall receive all moneys belonging to said corporation, and pay out the same when properly required so to do, and shall render an account of the state of the finances to the trustees whenever required by them, and shall deliver all books, papers and property of the corporation in his possession or custody, or under his control, to his successor in office, on demand. No money shall be paid by the treasurer unless by a previous vote of the trustees, and upon a check of the clerk, countersigned by the president of the board of trustees for the time being; and the treasurer, in his settlement with the trustees, shall be allowed for no moneys except such as have been paid by him as aforesaid.

$12. Vacancies in the office of trustee, occurring in any manner, may be filled at a special election called and appointed by the trustees in office for the time being, and conducted in the same manner as at an annual election. Vacancies in all offices, except the office of trustee, shall be filled by appointment by the board of trustees. All appointments by the board of trustees under this act shall be by resolution, entered by the clerk in the minutes of their proceedings. In case of a failure to elect trustees at an annual election, or if from any cause there shall be no trustees, the clerk shall appoint the time and place for holding a special election in the usual manner, and appoint three inspectors of such election, who shall officiate as such; and in case there shall be no trustees and no clerk, any six inhabitants qualified to vote under this act may appoint an election and three inspectors thereof; and at any special election so called, or called for any