shall be presented at the time specified in such notice, or as soon thereafter as the applicants can be conveniently heard in respect thereto.

parties inter

SEC. 8. The board of supervisors shall hear all the parties Board of superinterested therein, who shall appear and ask to be heard; it visors to hear may adjourn the hearing from time to time; it may direct that ested. a new census be taken, and appoint a person or persons to take the same; and it shall consider and determine the advisability of ordering such incorporation, and as to whether the whole or what portion of [the] territory included in the application shall be incorporated.

declare village

first election.

tration.

SEC. 9. If such board, after hearing the parties, shall be when board of satisfied that all the requirements of this act in respect to such prog application have been complied with, and that such territory incorporated. as determined upon contains the population required by this act, it shall make an order declaring that such territory as determined upon shall be an incorporated village, by the name specified in such application, or by such other name as to such board shall seem proper; and said board shall in such order Time of holding appoint the time and place of holding the first election; and shall also appoint four discreet persons, residents of such territory and qualified electors therein, who shall constitute a board of registration for said first election to be held in said village, and who shall also act as inspectors of election at said first election. The said board of registration shall meet on the Meeting of Saturday next preceding said first election, and shall remain board of regis in session the same hours required of boards of registration for general elections, and register the names of all persons residents of said village, presenting themselves for registration, and having the qualifications of voters at annual township meetings, due notice of the time and place of which registration shall be given by said board, by posting notices thereof in five public places in said village, at least ten days previous to said meeting. Such application and affidavit verifying the same, with copy of notice of hearing and proof of the posting or publishing of the same, and all the proceedings of such board of supervisors touching such incorporation shall be entered upon the records of said board, and all papers relating thereto shall be filed with the clerk of the county in which such proceedings are had and taken, and the county clerk of said county shall thereupon transmit a certified copy of such order of incorporation to the Secretary of State, who shall file and record the same in his office. The original order of incor- Order of incorporation, or a certified copy thereof, by the county clerk of portion to be such county, or a certified copy of the copy thereof on file in tary of State. the office of the Secretary of State, by the Secretary of State shall be prima facie evidence of such incorporation, and of the regularity thereof in all courts and places.

filed with Secre

place of holding

SEC. 10. The inspectors so appointed shall give notice of Notice to be the time and place of holding such election, and the officers to given of time and be elected at such election, by posting up written or printed election. notices thereof in at least five public places in such territory, at least three weeks previous to the day appointed for holding

Qualification for voting at first election.

Villages incorporated to be bodies politic.

Service of proserved.

Who to constitute village board of registration.

Registration to conform with

registration laws in townships.

Village officers.

the same, or by publishing the same in some newspaper printed in such territory for three successive weeks immediately preceding the time aforesaid. At such election the polls shall be opened at seven o'clock in the forenoon, and shall close at five o'clock in the afternoon.

SEC. 11. Every elector residing in such territory, and qualified to vote for township officers in the township in which such territory or some part thereof may be situate, may vote at all elections in said village, and all the laws of this State in relation to the election of township officers, canvass of votes, certifying the election of officers, and notifying them of their election, shall apply to such first election of officers in such village, so far as the same may be applicable and not inconsistent with the provisions of this act.

SEC. 12. All villages hereafter incorporated shall be bodies politic and corporate under and by the corporate name assumed by or designated for them as herein before provided, and by such name may sue and be sued, contract and be contracted with, acquire and hold real and personal property for the purposes for which they were incorporated, have a common seal, and change the same at pleasure, and exercise all the powers in this act conferred.

SEC. 13. Service of process in suits against corporations organized under this act may be made on the president or clerk of the village, or, in their absence, upon any of the trustees thereof.

SEC. 14. After the first election the clerk and two of the trustees, to be appointed each year by the council, shall be the village board of registration. On the Saturday previous to the day of holding any annual or special election, and on any other days that the council may appoint, the board shall be in session from nine o'clock in the morning until eight o'clock in the afternoon, for the purpose of completing the registration of the electors of the village; and in case of the absence of said clerk, or of either of the trustees so appointed, those who shall be in attendance are authorized to appoint some competent person to fill the vacancy occasioned by such absence. Notice of the time and place of holding such meeting shall be given with the notice of said election. The members of the board of registration shall each receive two dollars per day as compensation.

SEC. 15. In making and completing any such registration, the board shall proceed in the same manner and conform to the same rules, as near as may be, as are provided by law for registering electors in townships.

CHAPTER II.

OFFICERS.

SECTION 1. In each village the following officers shall be elected, viz., a president, six trustees, one clerk, one treasurer, who shall be ex officio collector, and one assessor. The president and trustees shall constitute the village council.

officers.

SEC. 2. The president shall, by and with the consent of President to the council, appoint a village marshal and a street commis- appoint certain sioner, and such other officers as shall be provided for by resolution or ordinance of the council, and the council may, from time to time, provide by ordinance or resolution for the appointment of such other officers, whose election or appointment is not herein specially provided for, as they shall deem necessary for the execution of the powers granted by this act, and the powers and duties of such officers shall be prescribed by the council: Provided, That the marshal may also be Proviso. appointed as street commissioner.

SEC. 3. Appointments to office, excepting appointments to when appointfill vacancies, shall be made on the second Monday in April in made. each year, unless a different time shall be prescribed in the ordinance or resolution creating the office; but appointments which, for any cause, shall not be made on that day, or on the day provided in the ordinance or resolution creating the office, may be made at any subsequent regular or special meeting of the council.

SEC. 4. The president, clerk, treasurer and assessor shall Term of office. hold their respective offices for the term of one year from the second Monday of March of the year when elected, and until their successors are elected and qualified and enter upon the duties of their offices: Provided, That no person shall be eli- Proviso. gible to the office of treasurer for more than two successive terms.

of village.

ive officers.

SEC. 5. The trustees shall hold their offices for the term of Term of trustees two years from the second Monday in March of the when year elected, and until their successors are qualified and enter upon the duties of their offices; except that at the first election held in any village incorporated subject to the provisions of this act, six trustees shall be elected, three for the term of one year and three for the term of two years from the second Monday of March in the year when elected, and annually thereafter three trustees shall be elected for the term of two years. SEC. 6. All appointive officers, except officers appointed to Term of appointfill vacancies in elective offices, shall hold their respective offices until the second Monday of April next after such appointment, and until their successors are qualified and enter upon the duties of their offices, unless a different term of office shall be prescribed in this act, or in the ordinance or resolution creating the office. Officers appointed to fill vacancies shall hold their office until the next annual election, and until their successors are elected or appointed and qualified. All persons elected or appointed to office shall enter upon the duties thereof, upon taking the oath of office and filing the requisite security, if any is required of them.

for office.

SEC. 7. No person shall be elected or appointed to any Qualification office unless he shall be an elector of the village. And no person shall be elected or appointed to any office in the village who has been or is a defaulter to the village or to any board of officers thereof, or to any school district, county or other

Official oath and bond.

Council may re

bonds.

municipal corporation of the State. All votes for or any appointment of any such defaulter shall be void. All officers of the village, elected or appointed, shall take and subscribe the oath of office prescribed by the constitution of the State, and file the same with the clerk, and in case of failure to do so, within ten days after receiving notice of their election or appointment, shall be deemed to have declined the office.

SEC. 8. Every officer elected or appointed in the village, before entering upon the duties of his office, and within the time prescribed for filing his official oath, shall file with the village clerk such bond or security as may be required by law, or by any ordinance or resolution of the council, and with such sureties as shall be approved by the council, conditioned for the due performance of the duties of his office, except that the bond or security given by the clerk shall be deposited with the treasurer.

SEC. 9. The council may, at any time, require any officer quire additional to execute and file with the clerk additional or new official bonds, with such new or further sureties as said council shall deem requisite for the interest of the corporation. Any failure to comply with such requirement within fifteen days shall subject the officer to immediate removal from office by the council.

Resignations.

When office vacated.

When council may declare

office vacated.

Vacancy of president and trustees, how filled.

Surety not exonerated.

Property to be delivered to successor.

VACANCIES IN OFFICE.

SEC. 10. Resignations of officers shall be made to the council. SEC. 11. If any officer shall cease to be a resident of the village during his term of office, the office shall be thereby vacated. If any officer shall be a defaulter, the office shall thereby be vacated.

SEC. 12. If any person elected or appointed to office shall fail to take and file the oath of office, or shall fail to give the bond or security required for the due performance of the duties of his office, within the time herein limited therefor, the council may declare the office vacant, unless previously thereto he shall file the oath and give the requisite bond or security.

SEC. 13. Any vacancy occurring in the office of president, trustees or any other elective office, shall be filled by appointment by the council, and such appointee shall hold his office until the next annual election thereafter. All vacancies in any other office shall be filled by the president, by and with the consent of the council.

SEC. 14. The resignation or removal of any officer shall not, nor shall the appointment or election of another to the office, exonerate such officer or his sureties from any liability incurred by him or them.

SEC. 15. Whenever any officer shall resign or be removed from office, or the term for which he shall have been elected or appointed shall expire, he shall, on demand, deliver over to his successor in office, all the books, papers, moneys, and

effects in his custody as such officer, and in any way appertaining to his office; and every person willfully violating this provision shall be deemed guilty of a misdemeanor, and may be proceeded against in the same manner as public officers generally for the like offense under the general laws of this State, now or hereafter in force and applicable thereto; and every officer appointed or elected shall be deemed an officer within the meaning and provisions of such general laws of the State.

CHAPTER III.

ELECTIONS.

SECTION 1. After the first election an annual election of Annual election. officers shall be held on the second Monday in March in each

year, at such place in the village as the council shall designate.

SEC. 2. Special elections may be appointed by resolution Special election. of the council, and held at such times as they shall determine,

the purpose and object of which shall be fully set forth in the resolution appointing such election.

election.

SEC. 3. The president and clerk, and two of the trustees, who to be or any four of the trustees, to be appointed by the council, inspectors of shall be the inspectors of election. The president, when present, shall be chairman of the board of election inspectors, and the clerk, if present, shall act as clerk of the election, and the inspectors shall appoint one of their number to act as second clerk. In case four of the inspectors do not attend at the opening of the polls, or shall not remain in attendance, such vacancy shall be filled as provided by the general election laws of the State, and in case either the president or clerk, or both of them, are absent, the inspectors shall designate from their number a chairman and a clerk. Each Compensation inspector of election shall receive as compensation two dollars of inspectors. per day.

to be published.

4

SEC. 4. Notice of the time and place of holding any elec- Notice of time of tion, and of the officers to be elected, and the questions to be holding election voted upon, shall, except as herein otherwise provided, be given by the clerk, at least eight days before such election, by posting such notices in three public places in the village, and by publishing a copy thereof in a newspaper in the village, if any is published therein, the same length of time before the election; and in case of a special election, the notice shall set forth the purpose and object of the election as fully as the same are required to be set forth in the resolution appointing such election.

election com

SEC. 5. The council shall, at least ten days previous to any council to apelection, appoint a board of three election commissioners, not point board of more than two of whom shall belong to the same political misstoners. party, who shall be the board of election commissioners for such village for such election, and they shall perform such duties relative to the preparation and printing of ballots as are required by law of the boards of election commissioners of