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map.

§ 1060. The applicants for incorporation shall Survey and cause a survey and map of the territory to be made by a practical surveyor, showing the course and distances of its bounds and the quantity of land embraced, and verified by the surveyor's oath. 1 R. S., 1244, § 2.

§ 1061. They shall also cause an accurate census Census. of the residents to be taken on a day not more than ten weeks previous to the time of presenting the application, which shall exhibit the name of every head of a family residing within the territory on that day and the number of persons belonging to such family, and shall be verified by the oath of the person taking it.

Ib., § 3.

spection of

survey and

§ 1062. The survey, map and census, duly veri- Public infied, shall be kept within the territory, at the resi- census. dence or place of business of some resident, open to public examination for five weeks from the first giving of the following notice.

Ib., § 4.

application.

§ 1063. The applicants shall give notice that Notice of they will, on a day specified, apply to the court of sessions of the county (or if the territory lies in more than one county, to that court in one of the counties to be named in the notice) for an order incorporating the territory as a village. The notice shall state the proposed name, the bounds of the territory by course and distance, and by speci

Mode of no

tice.

Requisites of applica tion.

The hear iLg.

fying the towns where it lies, and shall state the place where the map, survey and census may be

seen.

1 R. S., 1244, § 5.

§ 1064. For six successive weeks previous to the day specified in the application, the notice shall be published at least once a week in a newspaper printed in such territory, or if there is no such paper, posted in at least ten of the most public places therein.

Ib., § 6.

§ 1065. At the time specified in the notice, or as soon thereafter as the applicants can be heard, they shall present their petition. It shall be subscribed by them, and state the bounds by course and distance, the quantity of land embraced and the population of the territory. The survey, map and census, verified, and an affidavit that they were kept open to public inspection, and a copy of the notice, with an affidavit of publishing or posting the same, as herein before respectively prescribed, shall be annexed to the petition.

Ib., § 7.

§ 1066. The court shall hear all the parties interested, and may adjourn the hearing from time to time. It may direct a resurvey or a new census, or both, and may appoint persons to conduct the same. It may refer any question in respect to the application to three disinterested commissioners to ex

amine and report. The commissioners shall take the oath of office before proceeding.

survey

1 R. S., 1244, § 8.

§ 1067. If the court is satisfied that a correct The order. and census have been taken, and the foregoing requirements of this chapter have been complied with, and the census shows the requisite population; and that the interests of the inhabitants will be promoted by the incorporation, and that the lands to be embraced ought justly to be included, it shall make an order setting forth the bounds by course and distance, as in the petition, or modified therefrom, as justice may require, and declaring that if the electors assent, as hereinafter provided, the territory embraced shall be a village by the name specified, or such other name as to the court seems proper. The order shall name three inspectors of elections of the towns in which the village lies to perform the duties hereinafter required.

Ib., § 9.

submission of question

§ 1068. The inspectors shall forthwith call a Notice of meeting of the electors of the territory, to be held to vote. therein, to determine whether it shall become a village. The notice shall specify the time, place and purpose of the meeting, and that the polls will be open from ten o'clock in the forenoon till four o'clock in the afternoon; and shall for three weeks previous to the meeting be published or

Conduct of meeting.

Certificate

of result.

Order of certificate

of county judge.

posted in the same manner as prescribed by section 1064.

1 R. S., 1244, §§ 10, 11.

§ 1069. The inspectors shall preside at the meeting, and open and close the polls at the hours mentioned in the preceding section. Electors qualified as electors of their town, and residing within the bounds specified in the order, are entitled to vote. The ballots shall have thereon the word Yes," or the word "No." The provisions of law regulating the election of town officers apply to such meeting so far as they are applicable.

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Ib., §§ 12, 13.

§ 1070. Within fourteen days after the meeting, the inspectors shall cause to be submitted to the county judge of the county in which the application was made, a certificate of having held the meeting, and of the canvass, showing the number of ballots having "Yes" and the number having No," together with a copy of the notice of the meeting and affidavit of publishing or posting it as required.

66

Ib., 14.

§ 1071. If the proceedings in the calling, or the conduct, of the meeting, or in making the certificate of result are illegal, the county judge shall order another meeting, which shall be notified, conducted, and the result certified, as hereinbefore prescribed. His order shall be filed in the county

clerk's office. If the proceedings are legal he shall certify thereto; and the papers and certificate shall be filed and recorded in the county clerk's office, and are presumptive evidence of the matters therein contained.

1 R. S., 1244, §§ 14, 16.

tion.

§ 1072. If a majority of ballots have the word Incorpora"Yes," the inhabitants of the territory shall, from the time of such filing, be a body politic and corporate by the name specified in the order; and a meeting for the election of officers shall forthwith be called by the inspectors, as provided in the next chapter. If otherwise, no further proceedings shall be had in respect to the application.

Ib., § 17.

incorpora

tion.

§ 1073. When a written application, signed by Dissolving at least one-fourth as many electors of the village as voted for village officers at the preceding election, is made to the trustees to call a meeting of the electors to determine whether the village shall remain a corporate body, the trustees shall call such meeting, and conduct it and certify the result, as near as may be, in the mode provided in the next chapter for meetings for election of officers. The polls shall be kept open from ten o'clock in the forenoon till four o'clock in the afternoon. Every elector may vote by a ballot having thereon the word "Yes" or the word "No.” If a majority have the word "No," the village shall, at the expiration of six months from the

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