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their offices.

tors of salt in the county of Onondaga; harbor-masters, wardens and TITLE 5. branch pilots of the port of New-York; auctioneers ; inspectors of four, of leather, of beef and pork, of distilled spirits, of lumber, faxseed, and of pot and pearl ashes; the inspector of leaf tobacco in the city and county of New-York; the inspector-generals of staves and heading ; cullers of staves and heading; weigher at the quarantine ground on Staten-Island; health officer, resident physician and health commissioner of the city of New-York; the president of the village of Utica ; the agent of the Onondaga tribe of Indians; superintendents of the Brothertown Indians; the attorney of the Oneida Indians; and such bank directors as the state may be authorised to appoint, shall be nominated by the governor, and appointed by him, with the consent of the senate. 66

$ 16. The officers enumerated in the last section, shall hold their Tenure of respective offices for two years, except superintendents of salt springs, inspectors of salt in the county of Onondaga, inspector of leaf tobacco in New-York, auctioneers and bank directors, who shall hold their offices for one year. 66

$ 17. No person but a licensed physician shall be appointed to the Health offic office of resident physician, health commissioner, or health officer of York. the city of New-York. Either of them may be removed by the governor during the recess of the senate.67

S 18. The board of health may supply any vacancy, that may oc- Ib. cur in the office of either of the commissioners of 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. 67

$ 19. Loan officers under the act entitled “ An act for loaning Loan officers monies belonging to this state,” passed the 14th day of March, 1792, shall be appointed and removed, by the votes of at least two-thirds of the board of supervisors of their respective counties, at their pleasure. 68

Inspectors of hops, &c.

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$ 20. Inspectors of hops, of fish, of oil; wreck masters; inspech tors of turnpikes ; health officers of the cities of Albany and Hudson; the peace-makers of the Brothertown Indians; and the receiver of the profits of the state pier at Sagg-Harbor, shall be appointed by the governor, and severally hold their offices for the term of two years.69

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ART. 1-General poovisions respecting the appointment of cars, the qua fcasers

the comsescebest and daration of Deir oboes
ART. 2-Of nominations to obsces, and the cosmissions of cers.
ARI. 3-Of the oath of tot, al the official bond.
ART.4.-Of resiguations, vacancies and remorals, and the seans or speiying them.
ART. 5-Proceeding to compel the delivery of books and papers by pric cicers to
beir soccessors.

General Provisions respecting the Appointment of Oficers, their

Qualifications, the Commencement and Duration of their Of.

Suc, 1 No person can bold an office unless twenty-one years of age zad a citise
2 Members of common conseils of cities ineligible to sertain cocos

n o ack
3. When officers to enter on their duties.
4. Officers whose appointment is not otherwise provided for, to be a painted by se

vernor and senate.
5 Assistants and deputies how to be appointed.
6. Their number how limited.
7. Their powers during a vacancy, &c.
8. Offices when duration is not specially provided for, to be held ducing please di ap-

pointing power.
9. Certain officers to act until their successors are qualified.

10. Sherifs and clerks of counties to act in like manner. General diss S 1. No person shall be capable of holding a civil offus, who, at

the time of his election or appointment, shall not have attinet the age of twenty-one years, and who shall not then be a citizens of this

state. Members of $ 2. No person elecied to the common council of any of the cities council whea in this state, shall, during the term for which he shall have been ineligible.

elected, be appointed to any office of profit in the gift of such common council; but this prohibition shall not extend to any officers, whose appointment is, by the constitution, vested in the common council of any city.

S 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.70 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 con

sent of the senate. Deptios, &e. S 5. All assistants, deputies, and other subordinate officers of every by whom to B. appointed. description, whose appointment is not, or shall not be specially pro



Commence ment of of fice.


(70) Cons. art. 1, § 14.


certain of

hold over.

vided for, shall be appointed by the body, board or officer, to which, ART. 2 or to whom, they shall be respectively subordinate.

$ 6. When the number of such subordinate officers is not or shall Their numnot 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 pos- Their pow. sess 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.

$ 8. Every office of which the duration is not prescribed by the Duration of constitution, or is not, or shall not be declared by law, shall be held ces during the pleasure of the authority making the appointment.?!

S 9. Every officer duly appointed, except the chancellor, justices Officers to of the supreme court, and circuit judges, who shall have duly entered on the duties of his office, shall continue to discharge the duties thereof, although his term of office shall have expired, until a successor in such office shall be duly qualified. ??

S 10. Sheriffs and clerks of counties, including the register and Tb. 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. 73

Of Nominations to Offices, and the Commissions of Officers.
Sec. 11. Nominations of governor to senate how made.

12. When senate concur in nomination or removal, clerk to deliver certified copies.
13. When an officer is removed by the legislature certified copy of resolation to be de-

livered. 14. Commissions of civil officers how made out. 15. Commissions and supersedeas how forwarded. 16. When governor shall so direct, messengers to be sent, and notice to be published. 17. Certificates of board of canvassers to be evidence of election. 18. Certificate of his appointment to be delivered to each commissioner of deeds.

19. Other officers how commissioned. S 11. All nominations made by the governor to the senate, shall be Nominations in writing. 74 Except in the nomination of a chancellor, chief justice, &c. or justice of the supreme court, he shall designate the district, county, city, or place for which the officers nominated are intended to be appointed, and the place of residence of the candidate nominated.

$ 12. Whenever any person nominated by the governor shall have Resolution of been appointed by the senate to any civil office, 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 recom


(74) Cons.

(71) Cons. art. 4, § 16. (72) Laws of 1824, p. 380. (73) 1 R. L. 420, § 4 art. 4, $7.

how made



1** * mendation, certified by the president and the clerk of the senate, to the

secretary of state, and another copy certified by the clerk, to the go

vernor. Resudutzen af S 13. Whenever any officer, whose nomination is vested in the

governor, shall be removed by a joint resolution of the two bouses of the legislature, it shall be the duty of the clerk of the bouse in which such resolution originated, immediately to deliver a certified

copy thereof to the governor. Commissione $ 14. The commissions of all civil officers appointed by the go

vernor and senate, or by the governor, shall be signed by the governor, and attested by the secretary of state, under the seal of this

state, and shall be recorded by the secretary. How for S 15. When any such appointment shall be made, or any person

shall be superseded in office, the secretary of state shall send such commission or supersedeas, by mail or otherwise, to the clerk of the county wherein the person so appointed or superseded shall reside. *5

$ 16. Whenever the governor shall so direct, the secretary of state shall despatch a messenger to the person so appointed or superseded, or to the clerk of the county, with the commission or supersedeas; and whenever directed by the governor, he shall also cause notice of such supersedeas to be published for two weeks successively in the state paper; which publication shall be deemed a sufficient notice

within the provisions of this Title. 76 Certificate of S 17. The certificates of the board of canvassers authorised to can

vass the votes given for any elective office, shall be evidence of the

election of the persons therein declared to have been elected. Commission S 18. A duplicate certificate of the appointment of commissioners

of deeds in towns, signed by the first judge and the chairman of the board of supervisors, shall be made and delivered to each commis

sioner appointed, which shall be deemed his commission. Commissione S 19. The commissions of all other officers, where no special pro

vision is made by law, shall be signed by the presiding officer of the board or body, or by the person, making the appointment.


ers of deeds.

of other offioere.

Of the Oath of Office, and the Official Bond.
Sec. 20. Persons elected or appointed to civil offices, to take oath.

21. Time within which such oath is to be taken.
22. Before whom such oath may be taken.
23. Justices of the peace and commissioners of deeds to take oath before county clerk.
24. Oaths when certified to be deposited with certain officers.
25. Deputies to take oaths.
26. Official bonds to be filed within the same time that oath is to be filed.
27. Notice to be given of neglect to file official bond or oath.

(75) 1 R. L 459, 4.

(76) Ih. & $4 & 5.

ART. 3.

Sec. 28. Duty of the comptroller when such bond was to have been filed with him.
29. Bond to be deemed in full force so long as the officer discharges the duties of his

30. But the sureties are exonerated after the renewal of such bond.
31. Persons execating offices without taking oath or filing bond, to forfeit such offices

and to be deemed guilty of a misdemeanor. 32. Members of legislature may take the oath at any time during their term of office.

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$ 20. Every person who shall be elected or appointed to any civil Oath of of office or public trust embraced in this Chapter, before he shall enter on the duties of such office or trust, shall take the following oath or affirmation: “I do solemnly swear,” or “affirm," as the case may be, “ that I will support the constitution of the United States, and the constitution of the state of New-York, and that I will faithfully discharge the duties of the office of according to the best of

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$ 21. Whenever a different time shall not be prescribed by law, When to be such oath of office shall be taken and subscribed, and deposited in the proper office, within fifteen days after the officer shall be notified of his election or appointment, or within fifteen days after the commencement of his term of office.

$ 22. The oath may be taken and subscribed, except where other. Before wise provided, before the chancellor, any justice of the supreme court, any circuit judge, the secretary of state, the attorney-general, the lieutenant-governor, the president of the senate for the time being, the speaker of the house of assembly, any judge of any county court, any mayor or recorder of any city, the clerk of any county or city or of any court of record.

S 23. The oath of justices of the peace and commissioners of deeds Ib. shall be taken before the clerk of the county for which they have been elected or appointed.

$ 24. Every such oath, duly certified by the officer before whom With whom the same was taken, shall be deposited within the time required by law, as follows:

1. The oath of the governor, lieutenant-governor, chancellor, justices of the supreme court, comptroller, secretary of state, attorneygeneral, treasurer, surveyor-general; of the members of the senate and assembly, and of the clerks, sergeants-at-arms and door-keepers thereof; of the canal commissioners, and all other executive and administrative officers, whose authority is not limited to any particular district or county, except where otherwise directed; in the office of the secretary of state.

2. The oath of circuit judges, in the office of the clerk of the county in which they respectively reside.


(77) Cons. art. 6, § 1.

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