Judge to appoint a time for the

the petition.

same, written thereon or annexed thereto; such survey, map, verbal description of the boundaries and census completed and verified as aforesaid shall be filed, with said petition, with the clerk of said couunty, and be open to the inspection of all persons interested.

4. And be it enacted, That upon the presentation and consideration of filing of said petition, map and census, it shall be the duty of said judge to appoint a time for the consideration of said petition, notice of which shall be in writing, set up at least ten days previous to said time, in five of the most public places within said proposed village limits, and published at least twice in a newspaper published therein, if any, and if none so published, then in a newspaper published in said county; such notice shall contain the name and boundaries of the proposed village and shall state that on the day so appointed the said judge will sit to hear and consider what may be said thereon by any persons interested.

To hear parties who appear

before him

5. And be it enacted, That at the time and place so appointed the said judge shall hear all parties who may appear before him and desire to be heard on any question affecting the proposed incorporation, and shall determine whether the boundaries of the said proposed village are such as will be probably most advantageous and consistent with the public interests, in view of the character of the locality and community proposed to be incorporated, and will not unduly or unreasonably include or exclude any territory that ought not to be included or excluded; and said judge shall confirm, amend or alter the boundaries thereof as shall seem to him most consistent with public and private interests, and may designate another name for the proposed village than that specified in the said petition if there shall appear to him to be good reason why some other name should be substituted therefor. To determine nd 6. And be it enacted, That said judge shall also deterfile his determin mine by affidavits or evidence taken before him whether the said proposed village contains the population mentioned in the first section of this act, and whether said petition is signed by petitioners owning the requisite amount of real estate; he may adjourn said hearing from time to time, and make such orders as may be necessary to correct or amend any defective proceedings, and shall

ation with county

clerk

their dissent.

file with the clerk of said county his determination in writing of the matter submitted to him, including the name and description of the boundaries of the proposed village as finally determined by him, which determination and finding of said judge shall be the basis on which future proceedings for incorporation shall be founded. 7. And be it enacted, That in case any of the signers of Signers may file such application shall be dissatisfied with the determination of said judge, it shall be lawful for them to file their dissent in writing and their desire to have their names removed from said petition within five days after said judge shall have filed his determination as aforesaid; pro- Proviso. vided, it shall be lawful for any other owner of taxable real estate within said territory to cause his name to be added to said petition within the same time, and if then it shall appear (to be decided summarily by said judge) that the names of the owners of less than one-fifth of the taxable real estate within said territory remain on said petition, then the whole application shall be deemed to be abandoned and the proceedings shall be dismissed, but if the names remaining on said petition or added to it as aforesaid represent the owners of more than one fifth of said taxable real estate, then an election shall be held as herein provided.

special election

8. And be it enacted, That thereupon it shall be the Judge to order a duty of said judge to call a special election, to be held at to be he d as to some convenient place within the said proposed village, whether the vil by notice in writing under his hand, which notice shall corporated or not. contain the name and an accurate description of the boundaries of the proposed village, and state the object of the said election to be to vote for or against the incorporation of the said proposed village under the provisions of this act; which notice shall be set up at least twenty days previous to said proposed election in five of the most public places within the said proposed village limits, and published for two weeks, at least once in each week, in a newspaper printed and published within the said proposed limits, if any, or if none so published, then in a newspaper printed and published in the county wherein. said proposed village is situated.

9. And be it enacted, That the said judge shall appoint To appoint by writing, under his hand, a judge and two inspectors of

election officers.

To confirm and establish the

result.

Proviso.

said election, who shall be legal voters in said proposed village, and who shall hold and conduct the election aforesaid at the time and place specified in the said notice; the polls shall open and close at such hours as said judge shall direct in said order, provided the polls shall be open not less than six hours, and the election shall be conducted, as nearly as may be, in like manner as township elections are conducted; the ballots cast shall contain the words "for incorporation" or "against incorporation," as the case may be; at the close of the polls the said judge and inspectors of election shall canvass the votes cast, and they shall forthwith certify the result of said election, and the number of votes cast for and against incorporation, under their hands, to said cir cuit judge, to be filed in the office of the clerk of the county wherein said village is situated.

10. And be it enacted, That at the expiration of five days from the filing of said certificate, the said circuit judge shall examine the same, and if the said proceedings appear to be regular and legal, shall confirm and establish the result of said election by writing under his hand, to be filed with said clerk; provided, that any elector qualified to vote at said election, may within five days after the filing of said certificate, appeal to said judge by petition, specifying any irregularities in and objections of the legality of said election, and praying that the same may be investigated by said judge and if found illegal be set aside, and the said judge shall thereupon appoint a time and place for hearing the same, upon such notice as he may order, and on such day shall proceed to hear the same, and shall have power by subpoena to compel the attendance of witnesses before him, and may adjourn said hearing from time to time as may be necessary, and shall file his determination as to the legality of said election with the said clerk; if the said judge shall decide such election to have been illegal, he shall forthwith, on the rendering of his decision, make an order and file the same in the said clerk's office, directing another election to be held to determine the question of the incorporation of such territory; the election so ordered shall be held on notice of such election, given in the same manner as the notice of the previous elections as to incorporation;

such second election shall be held in the manner and by the persons as judge and inspectors as herein before provided for or by other persons to be appointed by said circuit judge in their places, who shall make a certificate of such election, such as was required at the previous election, by this act, and file the same as directed as to the certificate of the previous electic n, which shall be the subject of the determination and review of the said judge as herein provided in respect to said first election; upon the filing by said circuit judge of his certificate determining that the election held under this act is legal, and that a majority of the votes cast are for incorporation, then such territory shall be an incorporated village within the intent of this act from the time of the filing of the certificate of the said judge, and said judge shall also file with said determination an order designating a time and place within said village for the first election to be held for the election of such village officers as shall be required to be elected by this act, which time shall be within thirty days from the date of filing said determination.

incorporation.

11. And be it enacted, That if at either of such elections Majority defeats a majority of the ballots cast shall be against incorporation, then such territory shall not be an incorporated village, and in that case no second election can be held therein, under this act, within one year from the time the first of such elections was held.

village incorpor

petual succes. Sion, sue and be

sued, and make

and use a seal.

12. And be it enacted, That the inhabitants of any vil- Inhabitants of lage incorporated under this act shall be a body corporate ated to have perin fact and in law, by the name of the village of (being the name stated in the notice of election), ad by said name shall have perpetual succession and may sue and be sued, prosecute and defend, in any courts by such name; may make and use a common seal and alter it, and receive by gift, purchase, grant, devise or bequest, and hold and convey real and personal estate for the use and benefit of said village.

13. And be it enacted, That the persons herein before Election of vildesignated as judge and inspectors of the election for in- lage officers corporation, or a majority of them, shall give notice stating that, on a day stated and at a place named in such village, and between certain hours, being the time and place appointed by the said circuit judge, an election

Voters to fill vacancies in election offices.

Officers shall be five village trus

will be held for the election of such village officers as shall be required to be elected by this act; such notice shall be published in a newspaper, if one shall be pubished in said village, and posted by printed handbills in five public places, at least ten days before the time of holding such election; such election shall be held for at least the space of four hours uninterruptedly, between twelve o'clock noon and seven o'clock in the afternoon, and the notice of the election shall state the hours of opening and closing the polls and the names of the offices to be filled.

14. And be it enacted, That in case of the failure of any of said election officers to act, the legal voters present at the time and place designated for said election, by a viva voce vote, may fill the vacancy, and the said election officers so appointed or elected, having first taken and subscribed to an oath or affirmation honestly aud imparially to hold and conduct said election, shall forthwith open the polls for the election of officers hereinafter mentioned; and the said election shall be by ballot, and shall be conducted in the same manner as elections for township officers are conducted; the persons voting at said elections shall be those who are qualified to vote at elections for members of the legislature of the townships wherein said village is situated; at the closing of the polls the judge and inspectors holding said election shall canvass the votes cast and certify the result, with the number of votes cast for each candidate, to the clerk of the county wherein said village is situated; the person eligible and having the greatest number of votes for any office shall be deemed elected to such office; if there shall be a tie, as to a particular office, between two or more persons eligible, and having the greatest number of votes, the person presiding at such election shall forthwith determine by lot, in the presence of the other inspectors or a majority of them, which shall be deemed elected, and set forth such fact in the certificate of the result made by them.

15. And be it enacted, That the officers of said village to tees, who shall be elected shall be five village trustees, who shall constigoverning board, tute the governing board of said village, and who shall and serve without serve without compensation, except the trustee who shall

constitute the

compensation,