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TITLE 1. An inspector of leaf tobacco for the city and county of NewYork ;12

Inspectors of tobacco.

Inspectors of

fish.

Four inspectors of fish for the city of New-York; one for the county of Jefferson; one for each of the towns of Richland, and Orwell, in the county of Oswego; and one or more in the other counties of the state, as may be deemed necessary by the appointing power; Inspectors of An inspector of fish or liver oil, for each of the cities of NewYork, Albany and Troy ;

eil.

spirits.

Inspectors of An inspector of distilled spirits, for the city of New-York; and one for each other county of the state, where such an appointment shall be deemed necessary by the appointing power;

hops.

Inspectors of An inspector of hops for each of the cities of New-York, Albany and Troy; and for each of the villages of Utica, Oswego, Buffalo, Ithaca and Whitehall;

Weigher.

Health offi

cera.

Bank direetors.

Wreck-mas

ters.

County seal.

ers.

Inspectors of turnpikes.

Indian officers.

Receiver at Sagg-Harbour.

Commission

One weigher at the quarantine ground, on Staten Island;

A health officer, a resident physician, and a health commissioner, for the city and county of New-York;

A health officer for the city of Albany, and one for the city of Hud

son;

So many directors of incorporated banks as the state may be authorised, by the acts of incorporation, to appoint;

Fifteen wreck-masters, in the county of Suffolk; twelve in the county of Queens; three in the county of Kings; two in the county of Richmond, and two in the county of Westchester;

A county sealer for each county; and the sealers for the counties of Albany and Oneida, shall be deemed assistant state sealers;

Not less than three, nor more than five commissioners to inspect turnpike roads, in each county in this state, in which there shall be a turnpike road whose act of incorporation contains no provision for the appointment of special inspectors of such road;

An agent for the Onondaga tribe of Indians, five or more superintendents; and not less than three, nor more than five superintendents of the Brothertown Indians;

An attorney for the Oneida Indians;

And a receiver of the profits of the state pier at Sagg-Harbour.13

$ 2. The common council of each of the cities in this state, except ers of deeds the city of New-York, on or before the first day of January in the

and notaries in certain cities how limited.

year one thousand eight hundred and thirty, and once at the end of every two years thereafter, shall, by resolution of the board, determine and limit the number of commissioners of deeds and notaries public to be next appointed in and for their respective cities.

(12) Laws of 1828, chap. 274, April 19, 1828. (13) Compiled from the constitution and from the statutes in force in September, 1827, except where otherwise specially noted; and except also, that the limitations of the number of masters and examiners in chancery, of commissioners of deeds and public notaries in cities, of acting canal commissioners, of inspectors of pot and pearl ashes in the city of New-York, and of wreck-masters, are new provisions.

$ 3. A copy of each determination to be made by the common TITLE 1. council of any city, under the corporate seal, and attested by the Ib. mayor of the city, shall be transmitted to the governor within twenty days after the same shall have been made.

$ 4. No nomination or appointment shall be made by the governor Ib. to any of the offices so limited, as stated in the preceding sections, unless in conformity to the limitation.

ers of deeds

35. The judges of the county court in each county, shall, at each commissioncounty court, next preceding the annual meeting of the judges and in towns. supervisors for the purpose of appointing commissioners of deeds, determine by rule of court the number of commissioners of deeds in each town of the county, for the year next ensuing such annual meeting.

$6. At such annual meeting, no increase shall be made in the Ib. number of such commissioners in any town, unless in conformity to such previous determination of the judges.

vacated.

$7. No limitation contained in this Chapter, or to be made in the offices when mode herein prescribed, of the number of persons to be appointed to any office, shall be construed to vacate the office of any persons now being, or who shall then be in office; except commissioners of deeds and notaries public in cities, whose offices shall be vacated on the first day of January one thousand eight hundred and thirty.

new appoint

made.

8. If, at the expiration of the term of office of any one or more When no persons holding any of the offices so limited or to be limited, the ment to be number of persons holding the same office shall exceed the limitation then in force, no nomination or appointment of any one or more persons shall be made to such office for the district, county or place to which the limitation applies, until the number of persons holding the same shall be so reduced, as not to exceed the limitation then in force.

es, &c. how

cers.

$9. The offices of circuit judge, supreme court commissioner, and Circuit judg of master and examiner in chancery, shall so far be deemed local, as far local offito require the residence of each judge, master and examiner, within the circuit, district, county or place, for which he shall be appointed.14 $10. Judges of county courts, and recorders of cities, must reside County judgwithin the county or city for which they shall be respectively ap-corders. pointed.

es and ro

&c.

11. Surrogates, supreme court commissioners, commissioners of Surrogates, deeds, and justices in cities, are local officers; and each officer shall be confined, in the execution of his duties, to the district or county for which he shall be appointed.

(14) Laws of 1823, p. 214, § 14, as to circuit judges.

other town,

TITLE 2. $ 12. Justices of the peace must reside in the town for which they were chosen; and shall not try a civil cause in any except in cases otherwise provided for by law.

Justices.

Commissioners of deeds.

Notaries.

Sheriffs, &c.

Administra.

$13. Commissioners of deeds must reside within the respective towns for which they shall be chosen or appointed, but may execute the duties of their office at any place within the county.

S14. Notaries public must reside in the respective cities or counties for which they shall be appointed, but may execute the duties of their office at any place within the state.

$ 15. The following officers, namely; sheriffs, clerks of counties, coroners, district attornies, marshals of cities, the clerk of the court of oyer and terminer and general sessions in New-York, the register and clerk of that city, police justices and assistant justices in that city, and their clerks, are so far local, as to require the residence of every person holding such office, within the county or city, in which the duties of his office are required by law to be executed.

$16. Every officer included in the class of administrative officers, tive officers. shall be confined in the execution of his duties, to the district, county, city, town, or village for which he shall be appointed, except where otherwise provided for by law.

Senators, &c

TITLE II.

OF LEGISLATIVE OFFICERS.

Src. 1. Senators and members of assembly for what term chosen.

2. How chosen.

3. Qualifications of senators: proceedings when two or more are chosen to ascertain their terms of service.

4. Members of the legislature ineligible to certain civil appointments.

5. Persons holding offices under U. States, ineligible to seat in legislature. If members of legislature accept offices under U. States, their seats vacated.

5. When members of legislature elected to congress shall be deemed to have accepted.

7. Members of legislature not to be appointed to certain offices by the governor.

8. When senate to choose a temporary president.

9. When president of the senate to act as governor.

$1. Senators and members of assembly are chosen by the people; term of office. senators for four years, members of assembly annually.18

How chosen.

Qualifications of senaDIO, &c.

$2. Senators are chosen by districts; members of assembly by counties. One senator must be chosen annually in each senate district, and at least one member of the assembly in each county of the state, separately organized.16

3. Senators must be freeholders; and whenever two or more senators shall be chosen at any election, one or more of whom shall be chosen to supply a vacancy, and one for the regular term, it shall be de

(15) Cons. art. 1, § 2. (16) Cons. art. 1, § 5 & 7.

termined by lot, in such manner as the senate shall direct, which of TITLE 3. them shall be considered as elected for the longest term, without regarding any designation upon the ballots given for the persons so chosen.17

certain off

$ 4. No member of the legislature can receive any civil appoint- Ineligible to ment from the governor and senate, or from the legislature, during the term for which he shall have been elected. 18

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ficers.

$5. No person, being a member of congress, or holding any ju- U. States of dicial or military office under the United States, can hold a seat in the legislature. If any person shall, while a member of the legislalature, be elected to congress, or be appointed to any office civil or military under the government of the United States, his acceptance thereof shall vacate his seat in the legislature. 19

$6. If a person elected a member of the legislature, shall, during the term for which he was chosen, be elected a member of congress, he shall be deemed to have accepted the office of member of congress, unless within ten days after the commencement of the term of service as such member, he shall give written notice to the secretary of state, of his determination not to accept such election to congress.

gibility to of

37. No person elected to either branch of the legislature, shall be Further inoliappointed by the governor to any office, during the term for which fice. such person shall have been elected; but this prohibition shall not extend to those officers whose appointment is, by the constitution, vested in the governor.2

20

president of

when to be

$8. Whenever the lieutenant-governor shall act as governor, or Temporary shall not attend the senate, that house shall choose a temporary pre- the senate sident from its own body, to serve until the lieutenant-governor shall chosen. return to preside therein.21

as governor.

$ 9. If during a vacancy of the office of governor, the lieutenant- When to act governor shall be impeached, displaced, resign, die, or be absent from the state, the president of the senate, so chosen, shall act as governor, until the vacancy shall be filled, or the disability shall cease; and the senate shall choose from its own body, another person to preside therein.22

TITLE III.

OF EXECUTIVE OFFICERS.

SEC. 1. Governor and lieutenant-governor when to be chosen.

2 Proceedings when two or more candidates receive an equal number of votes for go

vernor.

& The like as to candidates for lieutenant-governor.

(17) Cons. art. 1, § 2; Laws of 1824, p. 317. (18) Cons. art. 1. § 10. (19) Cons. art. 1, § 11. (20) Laws of 1823, p. 244, § 3. (21) Cons, art. 1, §3. (22) Cons. art. 3, § 7.

TITLE 3. SEC. 4. Qualifications required for governor.

Governor and lieutenantgovernor.

Equality of votes for go

vernor.

The like for lieutenantgovernor.

Qualifica

tions of go

vernor.

State officers how appoint.

ed.

And when.

5 & 6. Secretary of state, comptroller, attorney general, and surveyor-general how and when appointed.

7. Tenure of their offices.

8 Treasurer how and when appointed.

9. Nominations of state officers when to be made.

10. Proceedings thereupon in case the nominations agree.

11. Proceedings in case they disagree.

12. State printer how appointed and tenure of his office.

13. Governor's private secretary and door-keeper of executive chamber, how appointed.

$1. A governor and lieutenant-governor shall be chosen at each biennial general election, from and after the general election in November, one thousand eight hundred and twenty-two.23

$2. In case two or more persons receive an equal and the highest number of votes for governor, at any election, it shall be the duty of the board of state canvassers to lay before the legislature, on the first day of its next session after such election, a certified statement of the votes canvassed by them; and the two houses shall immediately proceed to choose, by joint ballot, one of those persons having such equal number of votes, to be governor. 24

$3. In case two or more persons shall receive an equal and the highest number of votes for lieutenant-governor, a statement of the canvass of such votes shall in like manner be laid before the legislature; and the two houses shall proceed in the same manner to choose by joint ballot, one of those persons having such equal number of votes, to be lieutenant-governor.24

$ 4. No person is eligible to the office of governor, unless he shall be,

1. A native citizen of the United States;

2. A freeholder;

3. Thirty years of age;

4. And shall have been five years a resident within this state, unless he shall have been absent during that time, on public business of the United States or of this state. 25

$5. The secretary of state, the comptroller, the attorney-general, and the surveyor-general, are appointed by the legislature, as follows: The senate and assembly each openly nominate one person for each of those offices respectively, or for such of them as are then to be filled; after which, they meet together; if the nominations are found to agree, the person nominated is declared to be appointed; if the nominations do not agree, the appointment is then made by the joint ballot of the senators and members of assembly.26

$6. Such appointment shall be made once in every three years, from and after the first Monday of February, in the year one thousand

(23) Cons. art. 3, § 1; Laws of 1822, p. 267, § 1. (24) Cons. art. 3, § 3. (25) Cons. art. 3, § 2. (26) Ib. art. 4, § 6.

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