By the cases. cies in the office of regent of the university; and whenever from _TITLE 5. any cause the office of canal commissioner shall become or be vacant at a period when the legislature is not in session, it shall be and is hereby made the duty of the governor, (or person acting as governor in governor,) to appoint some proper person to fill such vacancy, and certain to cause such appointment to be duly filed in the office of the secretary of state, and the person appointed to such office, in either of the modes herein provided for, shall be entitled to all the privileges and subject to all the duties and liabilities of such office, and shall hold his office by virtue of such appointment, until the commencement of the political year next succeeding the first annual election after the happening of the vacancy which he was appointed to fill, and no longer, if the unexpired term of the office which such appointment shall be made to fill, shall continue so long. [1847, ch. 360, 1.] to be filled cases by 6. Whenever the office of canal commissioner shall become Vacancies vacant, and the unexpired term of such office so becoming vacant in certain shall extend beyond the commencement of the political year next election. succeeding the first annual election after the happening of such vacancy, there shall be chosen at the annual election which shall be held next after the happening of such vacancy, in the same manner as other canal commissioners are elected, a canal commissioner to fill such vacancy, and the person so elected shall hold such office and discharge the duties thereof for the residue of such unexpired term, from and after the commencement of the political year next succeeding such election. [Same ch., § 2.] ballot. S7. Whenever any person is voted for to fill a vacancy in the Caption of office of canal commissioner, the person so voted for shall be designated under the caption for "canal commissioners," by the words "to fill vacancy." [Same ch., § 3.] of state elected and *S8. Three inspectors of state prisons, shall be elected at the Inspectors general election which shall be held next after the adoption of this prisons, how constitution, one of whom shall hold his office for one year, one term of for two years, and one for three years. The governor, secretary of office. state, and comptroller, shall meet at the capitol, on the first Monday of January next succeeding such election, and determine by lot which of said inspectors shall hold his office for one year, which for two, and which for three years; and there shall be elected annually thereafter one inspector of state prisons, who shall hold his office for three years; said inspectors shall have the charge and superintendence of the state prisons, and shall appoint all the officers therein. All vacancies in the office of such inspector, shall be filled by the governor, till the next election. [Const., art. v., § 4.] S9. [Sec. 6.] Superintendents of canal repairs shall be appointed [114] by the canal board. Either of the acting canal commissioners Superintenmay remove any of the said superintendents, and fill the vacancy canal occasioned by such removal, by an appointment to continue until repairs. the next meeting of the canal board. Vol. 1. dents of of canal tolls $10. [Sec. 7] Collectors of canal tolls shall be appointed by the Collectors canal board, and shall hold their offices for one year, but may be removed at any time by such board. S11. [Sec. 8.] The comptroller shall also have power to remove Ib. TITLE 5. Three ap any of the said collectors, at his pleasure, and to fill the vacancy occasioned by such removal, until the next meeting of the canal board. $12. [Sec. 9.] There shall be nominated by the governor, and be appoint appointed by him, with the consent of the senate, three officers by the name of canal appraisers. No person shall act as appraiser in any case in which he shall be either directly or indirectly interested. [As modified 1836, ch. 287, and 1857, ch. 538.] praisers to ed. Terms of office. Superintendent of measures. *S 13. The three canal appraisers to be appointed next after the passage of this act shall hold office as follows: one for the term of one year, one for the term of two years, and one for the term of three years, pursuant to the following determination: the commissioners of the canal fund shall meet at the capitol within ten days after such appointment shall be made, and determine by lot, which of said appraisers shall hold his office for one year, which for two years, and which for three years; and the terms of office of such appraisers shall respectively expire as the same shall be so determined by lot, a certificate of which determination shall be filed by said commissioners of the canal fund forthwith in the office of the secretary of state, and there shall be appointed annually thereafter, one canal appraiser in the manner now provided by law, whose term of office shall be for three years. [1857, ch. 538, § 1.]' * S 14. A superintendent of weights and measures for this state weights and who shall be a scientific man of sufficient learning and mechanical tact to perform the duties of his office, shall be appointed by the governor, lieutenant-governor and secretary of state or any two of them, at a meeting called for this purpose by the secretary of state and shall hold his office during their pleasure. [1851, ch. 134, § 16.] S15. The board of supervisors of each county shall at their weights and annual meeting appoint a county sealer of weights and measures, who shall hold his office during the pleasure of the board. [Same ch., § 20.] County sealer of measures. Town sealer. County election, &c. S16. A town sealer of weights and measures shall be appointed by the supervisor and justices of the peace of the town, and shall hold his office during their pleasure. [Same ch., § 22.] *S 17. The county treasurer in each of the several counties of treasurer's this state shall be elected at a general election, and shall hold his office for three years, and, except in the county of Kings, shall enter upon the duties of his office on the first day of January next after his election. [1848, ch. 136, as amended by ch. 360 of 1849.] *S 18. Any vacancy happening in the office of county treasurer shall be filled by appointment by the board of supervisors, until the first of January succeeding the next general election thereafter. [Same ch., § 2.] Vacancies, how filled. Co. treasurer of Kings county. *S 19. The term of office of county treasurer in said county [of Kings] shall commence on the first Tuesday in August next succeeding his election, and before he enters upon the duties of his office, he shall give the bond required in section eighteen, article second, title second, chapter twelve of the first part of the Revised Statutes. [1848, ch. 180, § 2.] 1 By act of 1854, ch. 97, § 1, the office of superintendent of public instruction was created and the superintendent was invested with all the powers, &c., conferred by original § 13 of this title upon the secretary of state. officers by governor $20. [Sec. 15.] [Commissioners for loaning certain moneys of ART. 1. the United States,] superintendents of the Onondaga salt springs, Certain harbor masters for the port of New York, wardens of the port of appointed New York and special wardens to reside at the quarantine ground and senate. in the county of Richmond, health officer, resident physician and health commissioner for the city and county of New York, agent for the Onondaga tribe of Indians, superintendent of the Brothertown Indians, [attorney of the Seneca nation of Indians,] and such bank directors as the state may be authorized to appoint, shall be nominated by the governor, and appointed by him, with the consent of the senate.1 their offices $21. [Sec. 16.] The officers enumerated in the last section shall Tenure of hold their respective offices for two years, except superintendents of salt springs and bank directors, who shall hold their offices for one year.1 offi cers of New $22. [Sec. 18.] The board of health may supply any vacancy Health o that may occur in the office of either of the commissioners of York. health of the city of New York, whether arising from the temporary inability of the officer to discharge his duties, or otherwise; but the person so appointed shall hold his office only until such inability be removed or the sense of the governor, or of the governor and senate be declared. officers by governor $23. [Sec. 20.] Wreck masters, inspectors of turnpikes, health Certain officers of the cities of Albany and Hudson, the peace makers of appointed the Brothertown Indians and the receiver of the profits of the state pier at Sag Harbor, shall be appointed by the governor, and severally hold their offices for the term of two years.2 TITLE VI. General Provisions applicable to all the Civil Officers of this State, or to certain classes of them. ART. 1.-General provisions respecting the appointment of officers, their qualifications, the commencement and duration of their offices. ART. 2. Of nominations to offices, and the commissions of officers. ART. 3.-Of the oath of office, and the official bond. ART. 4.-Of resignations, vacancies and removals, and the means of supplying them. ART. 5.-Proceedings to compel the delivery of books and papers by public officers to their successors. ARTICLE FIRST. General Provisions respecting the Appointment of Officers, their Qualifications, the Commencement and Duration of their Offices. SEC. 1. No person can hold an office unless twenty-one years of age, and a citizen. 2. Members of common councils of cities ineligible to certain offices in the gift of such councils. 3. When officers to enter on their duties. 4. Officers whose appointment is not otherwise provided for, to be appointed by governor and senate. 5. Assistants and deputies, how to be appointed. 6. Their number, how limited. 7. Their power during a vacancy, &c. 8. Deputy clerk of New York oyer and terminer. 9. Deputy register and assistant register of the city and county of New York. 10. Register of Kings co. 11 Register's deputy. 12. Deputy clerk of court of appeals. 13. Offices, when duration is not specially provided for, to be held during pleasure of appointing power. 14. Certain officers to act until their successors are qualified. 15. Sheriffs and clerks of counties to act in like manner. [116] Vol. 1. S1. No person shall be capable of holding a civil office, who, General dis 1 Sections modified by striking out sundry officers whose offices have been abrogated, and inserting those whose names are within brackets. 2 Certain "inspectors" struck out. § 17 repealed by $37, ch. 147, of Laws of 1856. abilities. 23 Wend., 502. TITLE 6 at the time of his election or appointment, shall not have attained the age of twenty-one years, and who shall not then be a citizen of this state. Members of common council, when $2. No person elected to the common council of any of the cities in this state, shall, during the term for which he shall have ineligible. been elected, be appointed to any office of profit in the gift of such common council; but this prohibition shall not extend to any cers whose appointment is by the constitution vested in the common council of any city. Commencement of office. power. offi $ 3. All officers elected by the people, unless they shall be elected to supply vacancies then existing, shall enter on the duties of their respective offices on the first day of January following the election at which they shall be chosen. Appointing $4. Every officer, the mode of whose appointment is not prescribed by the constitution, or is not or shall not be prescribed by law, shall be nominated by the governor, and appointed by him with the consent of the senate. Deputies, &c., by whom to be 117 appointed. Vol. 1. Their number. Their powers. 10 Paige, 230. Clerk of the N. Y. oyer ner to ap deputy. S5. All assistants, deputies, and other subordinate officers of every description, whose appointment is not or shall not be specially provided for, shall be appointed by the body, board or officer to which or to whom they shall be respectively subordinate. $6. When the number of such subordinate officers is not or shall not be directed by law, it shall be limited at the discretion of the appointing power. $ 7. In all cases not otherwise provided for, each deputy shall possess the powers and perform the duties attached by law to the office of his principal, during a vacancy in such office, and during the absence of his principal. S8. The clerk of the court of oyer and terminer and general and termi- sessions of the peace, in and for the city and county of New York, point a may appoint some proper person as deputy, to hold his office during the pleasure of the clerk; who, whenever the said clerk shall be absent from the city, or by reason of sickness or any other cause, shall be incapable of performing the duties of his office, may perform all the duties required by law to be done by such clerk; which deputy shall, before he enters on the duties of his office, take the oath of office prescribed in the constitution of this state; and as often as such deputy shall die, resign or be removed from office, or become incapable of executing the duties of the office, another may be appointed in his place: every such appointment shall be in writing, under the hand of the clerk, and shall be filed in his office. [1830, ch. 42, § 3.1 Deputy and assistant register may be *S 9. The register of deeds of the city and county of New York is hereby authorized to appoint a deputy register, and also appointed. an assistant deputy register, each of whom shall, within the office of the said register, possess the same powers and be subject to the same duties and responsibilities as the deputy county clerks in the various counties of this state are possessed of, and subject to their respective offices. The compensation of each of said officers shall be fixed and paid by the said register. [1853, ch. 610, §1.] Supervisors S 10. Such register [of the county of Kings] shall keep his to designate office at such place as shall be designated and provided by the supervisors of the county of Kings for that purpose; and it shall office. be the duty of such register, or of his deputy to be appointed by ART. 2. him, to attend personally at such office during the hours now required by law of the county clerk of the county of Kings. [1852, ch. 83, § 8.] deputy. S 11. Such deputy shall be appointed by such register to hold Register's his office in like manner as the deputies of the clerks of counties, and all the provisions of law in relation to the deputies of the clerks of counties, their powers, duties and the responsibility of their principals for their acts, shall apply to such deputy. [Same ch., § 9.] court of appoint a 12. The clerk of the court of appeals shall appoint some Clerk of proper person to be his deputy, by writing under his hand and seal, appeals to to be filed in his office; and every person so appointed deputy deputy. shall take and subscribe the constitutional oath of office; whenever said clerk is absent or shall be sick or incapable of performing the duties of his office, and whenever his office shall be vacant, his deputy so appointed may perform all the duties appertaining to such office during such absence, sickness, inability or vacancy. [1847, ch. 277, § 12.] Duration of S13. [Sec. 8.] Every office of which the duration is not prescribed by the constitution, or is not or shall not be declared by offices. law, shall be held during the pleasure of the authority making the appointment. hold over. 215; S14. [Sec. 9.] Every officer duly appointed, except the justices Officers to of the supreme court, who shall have duly entered on the duties 24 Wend., of his office, shall continue to discharge the duties thereof, although 25 his term of office shall have expired, until a successor in such office 21 Barb., shall be duly qualified. S15. [Sec. 10.] Sheriffs and clerks of counties, including the register and clerk of the city and county of New York, shall in like manner continue to discharge the duties of their offices until their respective successors shall be duly qualified. ARTICLE SECOND. Of Nominations to Offices, and the Commissions of Officers. SEC. 16. Nominations of governor to senate, how made. 17. When senate concur in nomination or removal, clerk to deliver certified copies. 18. When an officer is removed by the legislature, certified copy of resolution to be delivered. 19. Commissions of civil officers, h w made out. 20. Commissions and supersedeas, how forwarded. 21. When governor shall so direct, messengers to be sent, and notice to be published. 22. Certificates of board of canvassers to be evidence of election. 23. Other officers, how commissioned. 9 500. Ib. tions to be of concur S16. [Sec. 11.] All nominations made by the governor to the Nominasenate, shall be in writing; he shall designate the district, county, written, &c.. city or place for which the officers nominated are intended to be appointed, and the place of residence of the candidate nominated.1 S17. [Sec. 12.] Whenever any person nominated by the gov- Resolution ernor shall have been appointed by the senate to any civil office, rence. or any officer shall be removed by the senate on the recommendation of the governor, it shall be the duty of the clerk of the senate immediately to deliver a copy of the resolution of concurrence in such nomination or recommendation, certified by the president 1 Modified to conform to const., art. xiv., § 8. |