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Removal from office.

Justices in New-York.

TITLE 4. 4. If they shall agree in whole or in part in such nominations, the

persons on whom they so agree shall be appointed.

5. If they shall disagree in whole or in part in their nominations, they shall immediately proceed to elect by joint ballot from the persons nominated, so many as shall be necessary to complete the number of commissioners then to be appointed.

6. They shall make out a certificate of appointment, containing the names of the persons appointed by them.

7. The certificate shall be signed by the first or senior judge, and by the chairman of the board of supervisors, and shall be filed in the

office of the clerk of the county. 46 Who ineligi. $ 30. No supervisor shall be appointed a commissioner of deeds. 47 Tenure of of. $ 31. Commissioners of deeds in towns, shall hold their respective

offices for four years, but may be removed by the judges of the county courts. 46

$32. The causes of such removal shall be assigned by the judges in writing, and shall be filed in the office of the clerk of the county. 46

S 33. No commissioner of deeds shall be removed, until he shall have notice of the charges made against him, and an opportunity of

being heard in his defence. 46 Justices in $34. The special justices and the assistant justices, and their

clerks, in the city of New-York, are appointed by the common coun-
cil of that city. They hold their offices for the term of four years,
and are removable by the county court in the same manner as justices
of the peace in the towns. 48

ARTICLE FOURTH.
Of Judicial Officers elected by the People.
Sec. 35. Foar justices to be elected in each town; tenure of their offices.

36. Not to be removed unless notice shall have been given, &c.
37. When a new town is erected, how justices to be elected.
38. Justices residing in such new town to be deemed justices thereof.
39. Supervisor of such town to give notice of meeting to determine the classes of justi-

ces elected therein.
40. Classes to be determined by drawing.
41. How to be determined in case less than four be elected.
42. If any justice neglects to attend, supervisor to draw for him. If supervisor be ab-

sent, &c. town clerk to act for him. 43. Certificates of drawing and of result, to be made, filed and recorded. 44. If by erecting or altering a town there be more than four justices therein, all to act. 45. If by such erection or alteration, a town be deprived of one or more justices, their

places to be supplied. 46. Proceedings when two or more justicos are elected to ascertain their terms. 47. Sheriffs, clerks of counties, and register and clerk of New-York how chosen. 48. Sheriffs can hold no other office, and can not be re-elected at expiration of their office. 49. Coroners when and how to be elected. 50. Sheriffs, clerks and coroners in new counties, when to be chosen.

$ 35. There shall be four justices of the peace in each town, divided into four classes, one of whom shall be annually elected in the (46) Laws of 1823, p. 244, § 4 (47) Laws of 1828, p. 245, § 4. (48) Cons. art. 4, 97 & 14.

Justices in towns.

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classes.

manner prescribed in Chapter sixth of this Act. Each justice here- ART. 4. after chosen, shall hold his office for four years, except when elected to fill a vacancy, or on the erection of a new town as herein after prescribed ; and may be removed by the judges of the county courts.

S 36. No justice of the peace can be removed until he shall have Remova! notice of the charges made against him, nor until an opportunity be given him of being heard in his defence. The causes of such removal shall be assigned by the judges in writing, and be filed with the clerk of the court.

$ 37. Whenever a new town shall be erected, an election for jus- Justices in tices therein shall be held at the next general election thereafter, unless a special election shall be directed by law.

S 38. If there be one or more justices then residing in such new Ib. town, they shall be deemed justices thereof, and shall hold their offices according to their respective classes, and only so many justices shall be chosen as shall be necessary to complete the number of four for such town.

$ 39. After the election of justices in such new town, the supervisor Ib. notice of thereof shall, within six days after the completion of the canvass by determine the county canvassers, give notice in writing, to the justices elected and to the town clerk, of the time and place where he will meet them, to determine by lot the classes of such justices; which notices shall be served at least six days, and not more than twelve, previous to the time appointed therein for such meeting.

$ 40. At the time and place so appointed, the supervisor and town Ib. classes clerk shall cause to be written on separate pieces of paper, as near mined. alike as may be, the numbers one, two, three, four, if there shall have been four justices elected, and shall cause them to be rolled up as nearly alike as may be, and deposited in a box. The persons elected justices shall severally draw one of the said pieces of paper, and shall be classed according to the number written on the paper so drawn by him, and shall hold his office for such number of years, either one, two, three or four, as shall correspond with such number so drawn.

$41. If less than four justices shall have been chosen, then bal- Ib. lots shall be prepared as above directed, with numbers written thereon, to correspond with the numbers of the classes which shall be vacant, and each person elected, shall, in like manner, proceed to draw one of the said ballots, and shall be classed according to the number so written on the ballot drawn by him, and shall hold his office according to such number.

$ 42. If any person elected a justice shall neglect to attend to such ib. neglect to, drawing, the supervisor shall draw for him. If the supervisor be ab

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TITLE4 sent from his wwn, or unable to serve, or his office be vacant, the

town clerk shall give the notice herein required, and perform the duties enjoined oo such supervisor.

3 43. Duplicate certificates of such drawing, and of the result thereof, shall be made, and certified by the supervisor and town clerk, or such one of them as shall attend the same, one of which shall be filed with the town clerk and the other with the county clerk, and shall be recorded by the said clerks in the books in which the canvasses of votes shall have been recorded: and shall be conclusive evidence of the respective classes, to which the persons so elected jus

tices, belong. When more S 44 If by the erection of a new town or the annesing of a part or may of one town to another, there should at any time be more than four

justices residing in any town, they shall notwithstanding hold and exercise their offices in the town in which they reside, according to their classes respectively. But on the expiration of the term of of fice of two or more justices, being in the same class, only one person

shall be elected to fill the vacancy in such class. Proceedings $45. Whenever, by the erection of a new town or the annexing

of part of one town to another, any towe shall be deprived of one or more justices, by their residence being within the part set off, the inhabitants of such town shall, at the next general election, supply the vacancy so produced in the classes to which such justices may belong: and if two or more justices be elected, the same proceedings

shall be had, as before directed, to determine their respective classes. Proceedinga S 46. Whenever there shall be two or more justices chosen at any pour unequal election, one or more of whom shall be chosen to supply a vacancy,

and one for the regular term, the class to which each justice shall be long, and the term for which he shall serve, shall be determined by lot, in the presence of the supervisor and town clerk, within the time and in the manner herein before directed; the same notice shall be given, the same proceedings had, and the result certified with the

like effect as before declared. Sheriffs, &e. S 47. Sheriffs and clerks of counties, and the register and clerk of

the city and county of New-York, are chosen by the electors in the respective counties, once in every three years, and as often as vacan

cies occur.49 Disabilities of S 48. Sheriffs can hold no other office, and are ineligible to the

same office, for the next three years, after the termination of their offices.50

S 49. One coroner in the city and county of New-York, and four in every other county in the state, shall be elected in the same man

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ner and at the same general election as sheriffs, hold their offices for TITLE J. the same term, and be removable in like manner. 51

$ 50. The sheriffs, clerks and coroners first chosen in every coun-Sheriffs in ty that may hereafter be erected, shall be elected at the general election next succeeding the erection of the county, or at such other time as the legislature shall direct.

new counties.

TITLE V.

OF ADMINISTRATIVE OFFICERS.

Sec. 1. Who commissioners of land-office.

2. Who commissioners of the canal tund. 3. Canal commissioners how to be appointed : tenure of their office. 4. Vacancies in the office of canal commissioner how to be supplied. 6. Canal board of whom to consist. 6. Saperintendents of canal repairs how appointed and removed. 7. Collectors of canal tolls how appointed ; tenure of their offices. 8. Comptroller may remove, and may make temporary appointments. 9. Canal appraisers huw appointed. Not to act when interested. 10. Who trustees of state library. 11. Secretary of state to be superintendent of common schools and state sealer. 12. Mayors of cities how appointed, and when. 13 County treasurers how appointed ; tenure of their offices. Certain officers ineligible. 14. County sealers how appointed ; tenure of their offices. 15. Commissioners of loans and various officers, to be appointed by governor and senate. 16. Tenure of their offices. 17. Qualifications required of health officers. May be removed. 18. Vacancies in office of commissioners of health, may be supplied by board of health. 19. Loan-officers how appointed and tenure of their offices. 20. Inspectors of hops, &c. to be appointed by governor : tenure of their offices. S 1. The lieutenant-governor, the speaker of the assembly, the Commission

ers of land of secretary of state, the attorney-general, the surveyor-general, the fice. comptroller, and the treasurer, are by right of office, and shall continue to be, commissioners of the land-office. 52 $ 2. All the officers mentioned in the preceding section, except the Commission

ers of canal speaker of the assembly, by right of office, are, and shall continue to fund. be, commissioners of the canal fund; but they cannot act as a board unless the comptroller shall be present. 53

$ 3. The canal commissioners shall be appointed by the legislature, Canal comwho, in making such appointment, shall proceed in the same manner as in the appointment of secretary of state and other state officers. The tenure of their office is during the pleasure of the legislature. 54

$ 4. If a vacancy shall occur in the office of canal commissioner, Ib. during a recess of the legislature, it shall be supplied by the appointment of the governor ; but the powers of the officer appointed shall cease at the next meeting of the legislature.55

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Et ar ng canal commissioners may remove r mendents, and fill the Tacancy oocasioned by appunten 10 cutmur ute the next meeting

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i. 1.pms of canal sols shall be appointed by the canal board,

o c their ofboes for one rear, but may be removed at any *235: Sac bonds

Ps. The CEO'ler shall also have power to remove any of the

c o rt, at Luis I leasure, and so fill the Tacancy oocasioned by sx removal, uti the best meeting of the canal board.a9

Superintendent of com

and state

cities.

39. The canal appraisers shall be pom nated by the governor, and appointed by him, with the consent of the serate. No person shall act as appraiser in any case in which be shall be either directly or indirectly interested.

3 10. The governor, lieutenant-governor, the secretary of state, the attorney-general, and the comptroller, by rigtt of office, are, and shall continue, trustees of the state library.51

3 11. The secretary of state, by right of office, is and shall be sumoe schools perintendent of common schools, and state sealer of weights and

measures.62 Mayors of S 12. The mayors of the respective cities in the state are appoint

ed annually by the common councils of the respective cities. 63 tree. S 13. The board of supervisors of each county shall appoint some

reputable freeholder of the same county to be the treasurer thereof, who shall hold his office during the pleasure of the board appointing him. No supervisor, or clerk of the board of supervisors, shall be appoint

ed to, or hold, the office of county treasurer.64 County seal- $ 14. County sealers of weights and measures shall be appointed,

each by the board of supervisors of the county for which he shall be appointed, and shall hold their offices during the pleasure of the board

appointing them.65 Commission $ 15. Commissioners for loaning monies under the act entitled and various “ An act authorising a loan of monies to the citizens of this state," bow appoin' passed April 11, 1808; loan-officers of the county of Putnam; in

spectors of state prisons; superintendents of the salt springs; inspec

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other officers,

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