Police clerk, salary of.

Present

incumbent.

When clerk elected.

duties of his office he shall take, subscribe and file in duplicate with the clerk of said city and with the clerk of said county, respectively, the constitutional oath of office. He shall be an attorney and counselor of law, entitled to practice in all the courts of this state, and a resident and a qualified elector in the said city.

(574) SEC. 3. The clerk of said police court shall receive an annual salary of one thousand four hundred dollars, to be paid in the same manner as that of police judge, one-half of which shall be paid by said city, and one-half thereof by the county in which said city may be located, out of the treasury of said county. The present clerk of said court shall serve out the remainder of his term and perform all duties that may be required of him under the provisions of this act. At the charter election in said cities coming under this act, held in April, nineteen hundred fourteen, a clerk shall be elected to hold his office for the term of two years from and after the first Monday in May next after his election and until his successor shall be elected and qualified. He shall be a resident in and a qualified elector of the said city.

When board

of supervisors to declare

village incorporated.

ELECTIONS IN VILLAGES.

[Extract from Act 3, P. A. 1895.]

CHAPTER I.

(575) § 2692. SEC. 9. If such board, after hearing the parties, shall be satisfied that all the requirements of this act in respect to such application have been complied with, and that such territory as determined upon contains the population required by this act, it may 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 First election. proper; and said board shall in such order 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 Saturday next preceding said first election, and shall remain 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

Meeting of board of registration.

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 county 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 incorporation, or a certified Order of incopy thereof by the county clerk of such county or a certi- where filed. fied copy of the copy thereof on file in 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.

Am. 1901, Act 33.

See section 105.

corporation,

tute village

(576) § 2697. SEC. 14. After the first election the clerk Who to constiand two of the trustees, to be appointed each year by the board of regiscouncil, shall be the village board of registration. On the tration. 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. (577) § 2698. SEC. 15. In making and completing any Registration such registration, the board shall proceed in the same man with registraner and conform to the same rules, as near as may be, as are provided by law for registering electors in townships.

to conform

tion laws in townships.

CHAPTER II.

OFFICERS.

(578) § 2699. SECTION 1. In each village the following Village officers shall be elected, viz., a president, six trustees, one officers. clerk, one treasurer, who shall be ex officio collector, and one assessor. The president and trustees shall constitute the vil lage council.

Term of office.

Proviso.

Terms of trustees of village.

Term of appointive officers.

Qualification for office.

For the provisions of the so-called "Home Rule" act for villages, see act 278 of 1909, as amended by act 71 of 1911 and act 95 of 1913.

For proceedings relative to incorporation of villages previous to the enactment of the "Home Rule" act, see sections 2684-98, C. L., 1897.

(579) § 2702. SEC. 4. The president, clerk, treasurer and assessor shall 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 eligible to the office of treasurer for more than two successive terms.

Village of Laurium v. Mills, 129/537.

(580) § 2703. SEC. 5. The trustees shall hold their offices for the term of two years from the second Monday in March of the year when 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.

(581) § 2704. SEC. 6. All appointive officers, except officers appointed to fill 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.

(582) § 2705. SEC. 7. No person shall be elected or appointed to any 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 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.

CHAPTER III.

ELECTIONS.

election.

election.

inspectors

(583) § 2714. SECTION 1. After the first election an Annual annual election of officers shall be held on the second Monday in March in each year, at such place in the village as the council shall designate. (584) § 2715. SEC. 2. Special elections may be ap- Special pointed by resolution 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. (585) § 2716. SEC. 3. The president and clerk, and two who to be of the trustees, or any four of the trustees, to be appointed of election. by the council, 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 chairman and a clerk. Each inspector of election shall receive as compensation two Compensation dollars per day.

People v. Avery, 102/573.

of inspectors.

of holding

(586) § 2717. SEC. 4. Notice of the time and place of Notice of time holding any election, and of the officers to be elected, and the election to questions to be voted upon, shall, except as herein otherwise be published. 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.

Highland Park v. McAlpine, 117/668.

election commissioners.

(587) § 2718. SEC. 5. The council shall, at least ten Council to ap days previous to any election, appoint a board of three elec-point board of tion commissioners, not more than two of whom shall belong to the same political 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 counties. The council shall also

Opening and closing of polls.

Manner of conducting elections.

Canvass of votes to be public.

Certificate of election.

Council to determine result of election.

provide and cause to be kept by the clerk, for use at all elections, suitable ballot boxes of the kind required by law to be kept and used in townships.

(588) § 2719. SEC. 6. On the day of elections, the polls shall be opened at seven o'clock in the morning, or as soon thereafter as may be, and shall be kept open until five o'clock in the afternoon, at which hour they shall be finally closed. The inspectors shall cause proclamation to be made upon opening the polls, and shall also cause proclamation to be made of the closing of the polls, one hour, thirty minutes, and fifteen minutes, respectively, before the closing thereof.

(589) § 2720. SEC. 7. All elections in said village shall be conducted as nearly as may be in the manner provided by law for holding general elections in the state, except as herein otherwise provided; and the inspectors of such election shall have the same powers and authority for the preservation of order, and for enforcing obedience to their lawful commands during the time of holding the election and the canvass of the votes, as are conferred by law upon inspectors of general elections held in this state. If at any election vacancies are to be filled, or if any person is to be elected for less than a full term of office, the term shall be designated on the ballot.

See notes to sections of the general election law, sections 122 et seq.

(590) § 2721. SEC. 8. Immediately after closing the polls, the inspectors of election shall, without adjourning, publicly canvass the votes received by them, and declare the results, and shall on the same day or the next day make a statement in writing, setting forth in words at full length, the whole number of votes given for each office, the names of the persons for whom such votes for each office were given, and the number of votes so given for each person, and the whole number of votes given upon each question voted upon, and the number of votes for and against the same, which statement shall be certified under the hands of the inspectors to be correct, and they shall deposit such statement and certificate on the day of election, or on the next day, together with said poll lists, and the register of electors, and the boxes containing said ballots in the office of the village clerk. The manner of canvassing said votes shall be the same as prescribed by law for canvassing votes at general elections held in this state, and the inspectors shall in all other respects, except as herein otherwise provided, conform as nearly as may be to the duties required of inspectors of election at general elections.

on

(591) § 2722. SEC. 9. The council shall convene Thursday next succeeding each election, at their usual place of meeting, and determine the result of the election upon each question and proposition voted upon, and what persons