other than for purposes which by this article have been devolved upon such village, and the board of trustees of such village shall levy, assess and collect the amount thereof in the next tax levy in such village, and when collected, the same shall be paid to the several persons lawfully entitled thereto.

Derivation. Added by L. 1915, Ch. 305. In effect April 14, 1915.

§ 329-c. Officers.

In any such village a person otherwise qualified to hold a village office shall not be disqualified by reason of holding a town office, whether elective or appointive. In every such village there shall be four trustees, to be elected at the first village election, or at the next election after this article takes effect.

Derivation. Added by L. 1915, Ch. 305. In effect April 14, 1918.

ARTICLE XV.

MISCELLANEOUS PROVISIONS.

Section 830. Notice; how served.

331. Notice; proof of posting; when publishing not required.
331a. Compensation for printing.

332. Officer not to be interested in contracts.

333. Liability on unlawful contracts; failure to prosecute.

334. Competency of inhabitants as justices or jurors; undertakings not required by village.

335. Board may take testimony.

336. Woman may institute proceeding.

337. Security by contractors.

338. Arrest of disorderly person.
339. Action to recover penalties.
340. Discontinuance of action.

341. Actions against the village.
342. County court always open.

343. Location of hospitals and pest-houses.

344. Destruction of garbage.

345. Violation of ordinance a misdemeanor.

346. Expenses, how assessed and collected.

347. Change of name.

348. Extension of boundaries.

348a. Extension of boundaries by annexation of territory belonging

to village.

349. Diminishing boundaries.

350. Dissolution of villages.

351. Expiration of terms of officers.

352. Consolidation of villages.

353. Filing certificates.

354. Effect of consolidation.

355. Number of trustees, wards, clerks.

356. First election in consolidated village.

357. Transfer of property to new village.

358. Report of treasurers.

359. Establishment of disputed, unknown or uncertain boundaries.

330. Notice; how served.

Service of a notice under this chapter must be personal, if the person to be served can be found in the village, otherwise the notice may be served personally or by mail by depositing a copy thereof in the post office of the village, and addressed to such person at his last known place of residence. The provisions of the code of civil procedure, relating to the service of a summons in an action in the supreme court, except as to publication, apply, so far as practicable, to the services of notices under this chapter.

If a person to be served can not with due diligence be found in the village where personal service is required, or his last known place of residence can not be ascertained, the county judge of a county in which any part of the village is situated may, by order, direct the manner of such service, and service shall be made accordingly.

A service on one of two or more joint tenants, or tenants in common, shall be sufficient notice to all for any purpose requiring a notice under this chapter. Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 311; originally revised from L. 1870, Ch. 291, tit. 8, sec. 22.

Cross references. Service of summons, see Code Civ. Pro., sec. 426. § 331. Notice; proof of posting; when publishing not required.

Whenever by this chapter or by a rule, by-law or ordinance made in pursuance thereof, a notice or ordinance is authorized or required to be posted, an affidavit thereof by the person posting the same is presumptive evidence of such posting. Whenever by this chapter, or by a rule, by-law or ordinance made in pursuance thereof, a notice or ordinance is authorized or required to be published in any newspaper and the editor or proprietor of such newspaper, or other person in charge of the publication thereof, shall fail, neglect or retuse to print or publish such notice or ordinance in such paper, after the same shall have been offered or presented for publication, the supreme court or a justice thereof may by an order and upon sufficient reason therefor being shown, dispense with such publication in such newspaper, so refusing to publish such notice or ordinance, providing the notice or ordinance shall have been posted as required by this chapter.

Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 312; originally revised from L. 1870, Ch. 291, tit. 8, sec. 8.

Amended by L. 1915, Ch. 401. In effect April 28, 1915.

Cross references. Proof of publication, see Code Civ. Pro., sec. 926.

See Matter of Village of Lynbrook (1911), 142 App. Div. 487.

§ 331-a. Compensation for printing.

The compensation to be allowed to the printer of a newspaper for the publishing of an ordinance, notice or other advertisement required by this chapter to be published shall be fixed by the board of trustees of the village and shall not exceed the following rate:

Fifty cents per folio for the first insertion and twenty-five cents per folio for each subsequent insertion.

Derivation. Added by L. 1915, Ch. 401, in effect April 28, 1915.

Application. The provision of this section as to compensation for publication of notices, etc., applies only to the publication of those notices, ordinances and alvertisements required to be printed or published pursuant to some direction or authority contained in the Village Law.

The publishing of an advertisement for bids in connection with the construction of a municipal village water plant does not come within the class of advertiseents enumerated in this section because not required by the Village Law. (Opinion of State Comptroller, April 7, 1917), 9 State Dept. Rep. 475. § 332. Officer not to be interested in contracts.

An officer shall not be directly or indierctly interested in a contract which he or a board of which he is a member is authorized to make on behalf of the village; nor in furnishing work or materials; nor shall such an officer act as such in any matter or proceeding, involving the acquisition of real property then owned by him, for a public improvement.

Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 313; originally revised from L. 1870, Ch. 291, tit. 8, sec. 12.

Cross references. Violation a misdemeanor, see Penal Law, sec. 1868.

Village treasurer is not a member of the board of trustees, and a corporation of which he is president may lawfully contract with the village for work upon public improvements. Matter of Village of Kenmore, 59 Misc. 388 (1908), 110 N. Y. Supp. 1008.

Employment by council of one of its members to render services for the municipality is against public policy, and no recovery can be had for the services so rendered. Smith v. City of Albany, 61 N. Y. 444 (1875).

Statute declaratory of the Common Law which forbids member of the council from becoming a contractor, and such statute will not be strictly construed. Smith v. City of Albany, 61 N. Y. 444 (1875).

Application. The provisions of this section are not applicable to the street superintendent of the village of Saratoga Springs, as to whom a different restriction contained in the law creating the office is applicable. Morrissey v. Sewer, Water and Street Commission (1911), 73 Misc. 432, 133 N. Y. Supp. 365.

Contracts between Village Board of Trustees and members of such board are illegal and cannot be enforced. Rept. of Atty.-Gen., Mch. 14, 1911; Mch. 15, 1911.

§ 333. Liability on unlawful contracts; failure to prosecute.

An officer or person who assumes to create a liability or appropriate money or property of the village without authority of law, or assents thereto, is personally liable for such debt, or to the village for such money or property. Each member of a village board present at a meeting thereof when such unlawful action is taken is deemed to have assented thereto, unless he expressly dissents and requests such dissent to be entered upon the minutes of the meeting. A village is not liable upon a contract made by an officer or a board in the name or on behalf of the village, unless it is authorized by law. If any person shall have heretofore appropriated or shall hereafter appropriate money or property of the village, contrary to law, and the facts in relation thereto are known to the board of trustees, and, after this section as amended takes effect, such board fail for thirty days to bring an action against such person to recover such money or property, each member of the board having such knowledge shall be guilty of a misdemeanor and liable to removal from office unless within such period of thirty days he shall file with the village clerk a written request, signed by him, requesting the bringing of such action or shall cause to be entered upon the minutes of a meeting of the board a motion made by him for the bringing of such action, or his vote in favor of such a motion.

Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 313; originally revised from L. 1870, Ch. 291, tit. 8, sec. 11. Amended by L. 1914, Ch. 274, in effect Apr. 11, 1914.

Those dealing with municipal agents have no right to presume that they are acting within the line of their duty but must take care to learn the nature and extent of their authority. McDonald v. Mayor, etc., of New York, 68 N. Y. 23 (1876).

Unfaithfulness of agent in other transactions will not relieve municipality from obligation of the contract in action. Baird v. Mayor, etc., of New York, 96 N. Y. 567 (1884).

Want of formal action on the part of a committee appointed by the council will not defeat a just claim for supplies furnished. Kramrath v. City of Albany, 53 Hun, 206 (1889), 6 N. Y. Supp. 54.

Any defense may be pleaded to an action by a contractor for local improvement, which would be available for the protection of the municipality by a suit under the Taxpayers Act. Weston v. City of Syarcuse, 158 N. Y. 274 (1899), rev'g 82 Hun, 67; 31 N. Y. Supp. 186.

There is no quantum meruit recovery for services performed upon a contract void for want of power to make it. Dickinson v. City of Poughkeepsie. 75 N. Y. 65 (1878); Bonesteel v. City of New York, 22 N. Y. 162 (1860) Brady v. Mayor, etc., of New York, 20 N. Y. 312 (1859); McDonald v. Mayor, etc., of New York, 68 N. Y. 23 (1876); such contract cannot be ratified, Smith v. City of Buffalo, 1 Sheldon, 493 (1875).

Contractor has no recourse against the village in any form of action for work performed under an illegal contract. Ward v. Kropf, 120 N. Y. Supp. 476 (1910).

Contract not ultra vires may be ratified by the municipality. McCloskey v. City of Albany, 7 Hun, 472 (1876); such ratification is equivalent to original authority, Smith v. Mayor, etc., of New York, 21 How. Pr. 1 (1861).

Contract of president previously authorized and subsequently ratified by acceptance of services rendered will make the village liable. Kent v. Village of North Tarrytown, 50 App. Div. 502 (1900).

Village liable for materials used and accepted, although the contract therefor made by the village president was not authorized by the board of trustees. Lines v. Village of Otego, 91 N. Y. Supp. 785 (1904).

§ 334. Competency of inhabitants as justices or jurors; undertakings not required by village.

In an action brought by or against a village it shall not be an objection against the person acting as justice or juror in such action, that he is a resident of the village or subject to taxation therein. It shall not be necessary for the village to give a bond, undertaking or security to appeal or to obtain a provisional remedy, or to take or prevent any other proceeding; but the village shall be liable to the same extent as if it had given the bond, undertaking or security otherwise required by or in pursuance

of law.

Derivation. Former Village Laws (L 1897, Ch. 414), sec. 315; originally revised from L. 1870, Ch. 291, tit. 8, sec. 9, as amended by L. 1892, Ch. 222.

§ 335. Board may take testimony.

The board of trustees or the board of fire, water, light, sewer or cemetery commissioners may take testimony in a proceeding pending before it. The village clerk or any member of the board of trustees may administer oaths and take affidavits upon any claim or account against the village.

Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 315; originally revised from L. 1870, Ch. 291, tit. 8, sec. 9, as amended by L. 1892, Ch. 222. Cross references. Power to take testimony includes power to administer oaths and issue subpoenas. Code Civ. Pro., secs. 843, 854.

§ 336. Woman may institute proceeding.

Where a right is granted by this chapter to institute a proceeding, make an application, present a petition, or take an appeal, such right may be exercised by an adult resident woman who owns property assessed upon the last preceding assessment-roll of the village.

Derivation. Former Village Laws (L. 1897, Ch. 414), sec. 217.

This section was new in former Village Law.

Women not authorized to sign or present petition referred to in sec. 56. Rept. of Atty.-Gen. (1901), 198.

$337. Security by contractors.

All contracts under this chapter must be in the name of the village and the contractor must give adequate security to be approved by the officer or board with whom the contract is made.