Qualifica

a chief engineer of the fire department and two assistant engineers, and an attorney. They shall be appointed by the board of trustees and hold office during the pleasure of said board, but not longer than one year, except in case of reappointment. Their terms of office shall begin immediately upon their appointment and qualification.

§ 3. All officers of said village shall be male citizens of the state of tions of New York, qualified to vote at town meetings, and residents of said village. Removal from the village vacates any office.

officers.

Official terms.

Vacancies.

Annual election.

Inspectors, etc.

Qualifications of

electors.

Elections to be by ballot.

Persons

elected to be noti

§ 4. The president, clerk and treasurer shall hold office for one year; the trustees and assessors shall hold office for three years, except that at the first election after the passage of this act, two of said trustees shall be elected for one year, two for two years, and two for three years; and one of said assessors for one year, and one for two years, and one for three years. In each case the term to be designated upon

the ballot. In case of a vacancy in any of said offices by death, resignation, removal from the village, inability to act, or from any other cause, the board of trustees shall fill the vacancy until the next annual election, when the vacancy shall be filled by election for the balance of the unexpired term.

§ 5. The annual election of officers of said village shall be held on the second Tuesday of January in each year, at such place as the board of trustees may direct. The polls of said election shall be opened at nine o'clock in the forenoon, and shall be kept open without recess or adjournment until sunset, when they shall be finally closed, and the inspectors shall immediately canvass the votes, declare the result, and make a certificate thereof under their hands, which shall be recorded in the book of minutes of the board of trustees of said village.

§6. The trustees of said village shall preside at and be inspectors of all elections in and for said village, and certify the result thereof as herein provided. The clerk of the village shall act as clerk of all elections, and shall give notice of the time and place of each annual election, by posting a notice thereof conspicuously in at least six public places of said village, at least ten days prior thereto, and by publishing the same in one or more papers of said village once in each week for two weeks next preceding such election. In case of neglect the election shall be held at the place of the last preceding election, and if no trustee shall be present the electors present may appoint a chairman to preside, who shall have all the powers of inspectors under this act. The trustees shall provide a suitable box to receive the ballots, and a separate box for the ballots for appropriations.

§ 7. All the inhabitants of the said village qualified to vote at town meetings, who have resided in said village for thirty days next preceding such election, shall be entitled to vote at any election held under this act.

§ 8. All elections shall be by ballot, and except as far as modified by this act all the laws of the state of New York in reference to elections for state officers shall apply to and govern elections held under this act, and the inspectors shall have the same power and authority in all respects, as near as may be, as inspectors of elections in towns.

§ 9. The clerk of the village shall, within twenty-four hours after any election or appointment to office, notify every person elected or fied, etc. appointed of his election or appointment. The several persons so elected or appointed shall, within six days thereafter and before entering upon the duties of their respective offices, take and subscribe the constitutional oath of office and file the same with the clerk. The

bonds.

treasurer, collector and street commissioner shall, before entering upon official the duties of their respective offices, each execute to the village and file with the clerk a bond in such penalty and with such sureties as the board of trustees shall require, approved by the president, conditioned for the faithful performance of the duties of his office, and that he will duly pay over or account for all moneys received by him in his official capacity. The board of trustees may at any time require further bonds or additional sureties from any of said officers.

for refus

§ 10. Any person elected to office under this act, except such officers Penalty as are required to give bonds, who shall neglect or refuse to qualify as or to herein provided, within five days after notice in writing by the clerk qualify. of such election, shall forfeit and pay the sum of ten dollars for the use of the village, to be collected as other penalties are by this act to be collected, and shall vacate his office.

named

§ 11. The president, trustees, chief and assistant engineers of the officers village shall not receive any pay for their services as such. No mem- not to reber of the board of trustees shall be interested in any contract to which ceive the village shall be a party, nor a surety on any bond required to be sation. executed by any officer under this act, nor shall any member of the board of trustees be appointed to any office by said board.

compen

officers.

§ 12. The clerk, street commissioner, assessors, police constable and Salaried attorney shall be paid such salary or compensation as may be fixed by the board of trustees from time to time.

§ 13. Resignations of any office shall be made in writing to the board Resignaof trustees and filed with the clerk, and shall take effect when accepted tions.. by the board.

TITLE III.

POWERS AND DUTIES OF OFFICERS.

ers and

§ 1. The president, by virtue of his office, shall be the chief execu- Presitive officer of the village; he shall preside at the meetings of the trus- dent, pow tees and have on all questions the casting vote when there is a tie; duties of. he shall see that within said village the laws of this state and the provisions of this act and the ordinances and by-laws passed by the board of trustees are faithfully executed, and shall enter and cause to be entered complaints against and prosecute or cause to be prosecuted all persons violating the same; he shall exercise a constant supervision over the conduct of all subordinate officers, and shall receive, examine into and submit to the board of trustees all complaints for misconduct or neglect of duty; he shall recommend to the board of trustees such measures as he may think necessary; he shall maintain peace and good order within said village and have the power of arrest for such purpose; he shall also execute all licenses, contracts and other papers to be executed as the act of the village when authorized thereto by the board of trustees, and sign all orders for the payment of money voted by the trustees. The president shall prepare and submit to the board To make! of trustees, fifteen days before the annual election, a report for the annual reprevious year, showing:

1. All moneys received and from what source.

2. All moneys paid out and for what purpose.

3. The entire indebtedness of the village and for what purpose contracted.

4. An estimate of the moneys necessary to be raised by taxation for the ensuing year and the purpose for which they are needed, which said eport shall be published in a newspaper of said village, prior to

port.

Trustees, powers and duties

of.

Clerk, powers

of.

the annual election. If the president shall be unable to perform the duties of his office, the board of trustees shall appoint one of their number to preside at their meetings, and he shall be vested with all the powers and perform all the duties of the president of the village until the president shall resume his office or the vacancy is filled according to law.

§ 2. It shall be the duty of every trustee to perform or assist in performing all such duties as are by this act enjoined upon the trustees separately, or the board of trustees, to act upon committees, to report to the president all officers guilty of misconduct or neglect of duty, and cause to be arrested all persons violating the laws of the state, or the ordinances or by-laws of this village.

§ 3. The clerk shall have the custody of the books, records and and duties papers of the village; he shall attend all meetings of the board of trustees and the annual election, and record all their proceedings and all ordinances, resolutions, determinations and directions adopted at such meetings and the result of all elections. He shall serve all notices and file all papers required by the trustees or by this act to be filed or served, and make copies of the assessment-rolls and such other papers as may be required by the president or trustees. He shall produce, on demand by any taxable inhabitant of the village, the books and papers in his office for inspection. He shall keep an accurate account of all village moneys and expenditures in such manner as the board of trustees shall direct. He shall draw and countersign all orders on the treasurer for the payment of moneys made upon the vote of the trustees. He shall have the power to administer any oath permitted or required by this act.

Treasur

ers

§ 4. The treasurer shall receive and safely keep all moneys belonger, powing to the village. He shall keep an accurate account of all receipts duties of. and payments and make returns thereof in such manner and at such times as the board of trustees shall direct. He shall pay no money except upon the order of the president, countersigned by the clerk and issued in pursuance of a resolution of the board of trustees entered upon their minutes, specifying the amount for which such order is directed to be issued, to whom, and for what. The treasurer shall, twenty days before each annual election, present to the president a statement showing the state of the treasury and the several sums received and paid out by him during the year, and when received and paid, and from and to whom. He shall deliver to his successor in office, on receiving six days' notice to that effect, all moneys, books, vouchers and papers pertaining to the office.

Assessors, duties of.

§ 5. It shall be the duty of the assessors, in each year immediately after the annual election, to make an assessment-roll of the taxable inhabitants and taxable property in said village, upon which they shall enter all the taxable real and personal property of the village at its just and true value; and in making said roll they shall possess all the powers of town assessors. They shall give two weeks' public notice of the time and place when and where they will hear grievances concerning any assessment, during which period of time the assessmentroll shall be left with the village clerk for public inspection. In hearing grievances and correcting assessments complained of the assessors shall proceed in the same manner and with the same powers as assessors in towns. Said roll shall be completed and corrected as aforesaid and verified by the oath of the assessors in the same manner as town assessment-rolls and filed with the clerk of the village within sixty days after the annual election. Such assessment-roll shall be the basis

upon which all general village taxes and assessments and the highway taxes shall be levied. Any person considering himself aggrieved by such assessment may, within ten days after the completion of said assessment-roll, appeal to the board of trustees by a notice in writing filed with the clerk; such appeal shall not stay any proceedings, and the decision of said board thereon shall be final. The assessors shall also, within sixty days after each annual election, make and file with the clerk of said village a list of all persons residing in said village subject to poll-tax who are not upon said assessment-roll for any property, real or personal.

commis

Overseers

§ 6. It shall be the duty of the street commissioners, in their respect- Street ive wards or districts, under and subject to the direction and control sioners to of the board of trustees, to act as overseers of highways and take gen- act as eral supervision and charge of all the highways, streets, sidewalks and of highsewers and of the village property except as otherwise provided in this ways, etc. act. They shall also collect the poll tax as hereinafter provided. The board of trustees may, at any time, direct, limit, regulate and restrain them, or either of them, in the performance of their duties.

powers

of.

§ 7. It shall be the duty of the police constable to preserve peace Police and good order and enforce the village ordinances, rules, regulations constable, and by-laws. It shall be his special duty to arrest, without a warrant, and duties any and all persons in the village guilty, in his presence, of any crime, misdemeanor, or offense against the laws of this state or against the peace and good order of society, and also all vagrants or disorderly persons who may be guilty of acts rendering them such in his presence, and take them before a justice of the peace residing in said village, to be dealt with according to law. He shall also have the same powers in criminal cases as constables in towns in this state and be entitled to the same fees therefor and from the same sources, together with such additional compensation for other services as the board of trustees shall deem proper. Said police constable shall have power to execute any warrant or process issued by justices of the peace of the county in which said village is situated. He shall give the same security as is now or may hereafter be required of town constables, but to be approved by the president and filed with the clerk of the village; he shall also act as watchman in the night when the board of trustees require it. The president or any two trustees may appoint by writing signed by Extra pothem as many policemen as they from time to time may deem necessary, to serve a specified length of time not exceeding one week, and the board of trustees may also appoint by resolution policemen not exceeding three to serve until removed by them, or a specified length of time not exceeding one year; such policemen shall have the same powers as the police constable, but shall be subject to his direction.

licemen.

duties of.

§ 8. The collector shall collect as herein specified all such taxes and Collector assessments as shall be specified in the rolls delivered to him by the of taxes, trustees with their warrant attached, and the fees therein specified, within the time named in said warrant, and for that purpose shall possess the same powers and authority conferred by law upon town collectors, and shall proceed in the same manner to enforce such tax or assessment. He shall pay over to the treasurer all moneys collected by him at the time specified in his warrant, and at the expiration of such warrant shall return the same to the trustees, with an account, verified by him, of the moneys collected by him, the amount paid to the treasurer and an itemized account of the unpaid taxes and assessments. Chief and 89. The chief and assistant engineers of the fire department shall assistant perform such duties as are hereinafter prescribed for them.

engi

neers.

Attorney. § 10. The attorney shall act as the legal adviser of the board of trustees of said village and perform such other legal services for the village as they may direct.

§ 11. Every officer of said village shall, in addition to the duties. prescribed in this act, perform such other lawful duties as may be prescribed by the board of trustees.

TITLE IV.

BOARD OF TRUSTEES-POWERS AND DUTIES.

Board of § 1. The board of trustees shall meet on the second Wednesday meetings succeeding the annual election, at seven o'clock, P. M., at such place as

trustees,

of.

Quorum.

Rules, or

the president shall direct, and at stated periods during the year, to be fixed by resolution of the board; special meetings may be called by the president, or any two members of the board, by a notice in writing, served personally or by leaving at the residence of the trustees. All meetings of the board shall be public, and the minutes of every meeting shall be published in the next issue of a newspaper published in said village, designated each year by the board of trustees at their first meeting.

§ 2. Three trustees shall constitute a quorum for the transaction of business, but no vote, involving the expenditure of money, shall be passed except upon the affirmative vote of three trustees.

§ 3. Proper books shall be furnished in which shall be entered all ders, etc., rules, orders, ordinances and resolutions of the board and full minutes tered. of every meeting by the clerk, all which shall be open at all times to inspection.

to be en

Rules, etc.

§4. The board shall determine rules for its proceedings, be the judge of the election and qualification of its members, and prescribe the duties of all officers, subject to the provisions of this act. Powers of § 5. The board of trustees shall exercise all the corporate powers board of mentioned in this act and have the control, management and care of all the property, both real and personal, belonging to the corporation, and all the finances thereof, and in addition to the other powers herein conferred they shall have full power

trustees.

To de

clare official du. ties.

To provide for custody, etc., of

property.

1. To declare and define the duties and manner of discharging the same of all officers of the village whose duties are not specially prescribed by this act; to add to the duties of those officers whose duties are prescribed by this act, and to fix the compensation of such officers, if not fixed herein, and to adopt, make, use and alter a common seal for the village of Newark.

2. To provide for the care, custody and preservation of the public property, records, books and papers belonging to said village or corporation; to make any and all necessary repairs and improvements to the same, and to insure the same or any part thereof in their discretion. 3. To prevent vice and immorality, to protect the inhabitants in vent vice. their persons and property, suppress disorderly assemblages, preserve peace and good order and promote the welfare and good government of the corporation.

To pre

To punish

4. To restrain and punish vagrants, mendicants, street beggars vagrants. and persons soliciting alms, keepers of houses of ill-fame, common prostitutes, bawdy and disorderly persons, and to prevent and punish drunkenness and disorderly or immoral conduct in public places and

Incumbering

streets.

streets.

5. To prevent incumbering the streets, squares, sidewalks, crosswalks, lanes and alleys with any material whatever.