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Deputies onth.

TITLEG. 3. The oaths of counsellors, solicitors, and attornies, shall be taken

before the court of which they are respectively officers, and shall be deposited in the office of the clerk or register of such court.

4. The oath of registers and clerks in chancery, and of clerks of courts of equity and common law, shall be deposited in their respective offices.

5. The oath of supreme court commissioners, notaries public, superintendents of canal repairs, and collectors of canal tolls, in the office of the clerk of the county in which they reside.

6. The oath of all judicial, executive and administrative officers appointed or elected for any county or city, and of all officers whose duties are local, or whose residence in any particular district or county is prescribed by law, in the office of the clerk of the county in which they reside.

S 25. Whenever any officer is authorised or required by law to appoint a deputy, such deputy shall take the same oath of office within fifteen days after his appointment, and shall cause the certificate thereof to be filed in the office where his principal is required to

file bis oath. Official bond. $ 26. Whenever any officer is required by law to execute any of

ficial bond, he shall cause the same to be filed in the proper office, within the time herein prescribed for filing his oath of office, un

less otherwise provided by law. Notice of ne- $ 27. In case any officer who is required to file the certificate

of his oath of office, or his official bond, with the secretary of state or with any county clerk, shall neglect to do so within the time required by law, it shall be the duty of such secretary or clerk immediately to give notice of such neglect to the governor. And when any justice of the peace shall neglect to file the certificate of his oath of office, the county clerk shall also give notice of such neglect, to the supervisor of the town for which such justice was elected.

S 28. Whenever any official bond is required by law to be filed with the comptroller, and there shall be a neglect to file the same within the time prescribed, the comptroller shall immediately give notice thereof to the governor, in case the officer was commissioned by him, and if not so commissioned, then to the board or body which appointed the officer so neglecting.

$ 29. Every bond executed by any officer pursuant to law for the faithful discharge of the duties of his office, shall be deemed to be in force and obligatory upon the principal and sureties therein, so long as such officer shall continue to discharge the duties of his office, and until his successor shall be appointed and duly qualified.

$ 30. But the sureties in any such bond shall be exonerated from all liability by reason thereof, for all acts or omissions, of their prin

Notice of neglect.

Effect of bond.

acting with

cipal, after he shall have duly renewed any official bond, pursuant to ART 4. law.

$31. If any person shall execute any of the duties or functions of Penalty for any office, without having taken and subscribed the oath of office re-out path or quired by law, or without having executed and filed in the proper office any bond required by law, he shall forfeit the office to which he may have been elected or appointed, and shall be deemed guilty of a misdemeanor punishable by fine or imprisonment. 18

$ 32. Members of the legislature may take the oath of office at Legislature. any time during the term for which they were elected.


Of Resignations, Vacancies and Removals, and the Means of

Supplying them.
Sec. 33. Resignations to what officers to be made.

31. Offces when to become vacant.
35. Whenever any officer shall be convicted of an infamous crime, &c. and in certain

cases court to give notice to the governor.
36. Governor to give notice to the body, board or officer, whose duty it shall be to fill

vacancy or order election. 37. When officers die or remove, county clerk to give notice to governor. B. Governor may remove all officers who are appointed by him. 39. Treasurers and other receivers of public money may be removed by the governor,

on the report of the comptroller. 40. If judgment be obtained for a breach of an official bond, governor may declare of

fice vacant. 41. Certain officers appointed by governor and senate, may be removed by the senate,

on tbe recommendation of the governor. 42. Governor may supply certain vacancies by temporary appointments. 3. If a vacancy occur during the recess of the legislature, in the office of treasurer,

&c.governor may supply vacancy. 4. Governor may remove sheriffs, clerks, &c. first giving a copy of the charge against

them, &c. 45. May direct district attorney to conduct an enquiry into the truth of the charges be

fore a county judge. 46. District attorney may issue process of subpæna. 1. Officer accused to be entitled to the like process. 43. County judge to take and certify the testimony. 19. If a vacancy occur in the office of sheriff, or clerk, except from death, governor to

fill vacancy by temporary appointment. $ 33. Resignations shall be made as follows:


to whom to 1. By the governor, lieutenant-governor, secretary of state, comp- be made. troller, treasurer, attorney-general, surveyor-general and state printer, to the legislature.

2. By all officers appointed by the governor alone, or by him with the consent of the senate, to the governor.

3. By senators and members of assembly, to the presiding officers of their respective houses, who shall immediately transmit the same to the secretary of state.

4. By sheriffs, coroners, county clerks, and register of New York, to the governor.

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TITLE 6. 5. By district attornies, to the court which appointed them.

6. By justices of the peace, to the supervisor of the town.

7. By commissioners of deeds for towns, to the first judge of the county.

8. By all other officers, to the body, board or officer that appointed

them. When offices $34. Every office shall become vacant on the happening of either

of the following events before the expiration of the term of such of-
fice :

1. The death of the incumbent.
2. His resignation.
3. His removal from office.

4. His ceasing to be an inhabitant of the state, or if the office be local, of the district, county, town or city for which he shall have been chosen or appointed, or within which the duties of his office are required to be discharged.

5. His conviction of an infamous crime, or of any offence involving a violation of his oath of office.

6. His refusal or neglect to take the oath of office within the time required by law, or to give or renew any bond, within the time prescribed by law.

7. The decision of a competent tribunal, declaring void his election or appointment.

S 35. Whenever any officer shall be convicted of an infamous crime, or of an offence involving a violation of his oath of office, and whenever any election or appointment of any person shall be declared void, the court before which such conviction shall be had, or by which such decision shall be made, shall immediately give notice thereof, to the governor, stating the cause of such conviction or decision.

S 36. The governor shall immediately give notice of the vacancy created by such conviction or decision, to the body, board, or officer, in whom the appointment to the office is vested, or whose duty it may be by law, to order or give notice of, an election to supply the

vacancy. Notice of va. S 37

$ 37. Whenever any officer shall die before the expiration of his term of office, or shall remove from the county, district or place for which he was appointed, the county clerk of the county in which such officer resided, shall immediately give notice of such vacancy to the governor.

$ 38. All officers who are or shall be appointed by the governor for a certain time, or to supply a vacancy, may be removed by him.

$39. The office of treasurer,79 or of any other collector or receiver of public monies, appointed by the legislature, by the governor and

(79) 1 R. L. 473, § 3.

Notice of conviction.

Duty of go-

Notice of vacancy.

Governor's power of removal.

ficial bond.

officers ap

governor and


senate, or by the governor, except those officers for whose removal ART. 4. provision is otherwise made by law, may be declared vacant by the governor, in case it shall appear to him on the report of the comptroller, that such treasurer or other officer, has in any particular, wilfully violated his duty.

$ 40. The governor may also declare vacant, the office of every Breach of of officer required by law to execute an official bond, whenever a judg- "cia ment shall be obtained against such officer for a breach of the condition of such bond.

$ 41. All officers appointed by the governor with the consent of Removal of the senate, except the chancellor, the justices of the supreme court, pointed by and the circuit judges, may be removed by the senate, on the recom- senato. mendation of the governor.80

$ 42. The governor may supply all vacancies that may happen Temporary during the recess of the senate, in any office to which an appoint- by governor. ment shall have been made by the governor, with the consent of the senate, except in the office of chancellor, justice of the supreme court, circuit judge, judge of county courts, and recorders of cities, by granting commissions, which shall expire at the end of twenty days from the commencement of the next meeting of the senate.

43. Whenever a vacancy shall occur during the recess of the le- Ib. gislature, in the office of treasurer, or of any other officer appointed by the legislature, the governor shall appoint a person to execute the duties of the office, who shall hold his office, until such vacancy shall be regularly supplied.

$ 44. The governor may remove the sheriff, any coroner, or clerk Romoval of of any county, or the register or clerk of the city and county of New-clerks, '&c. York, at any time within the term for which he shall have been elected, giving to such officer a copy of the charge against him, and an opportunity of being heard in his defence, before any removal shall be made.81

S 45. The governor may direct the district attorney of the county District atin which such officer shall be, to conduct an enquiry into the truth of quire into the charges made ; who shall give at least eight days' notice to the officer accused, of the time and place when he will proceed to the examination of witnesses, before some judge of the county courts.

$ 46. The district attorney may issue process of subpæna in his Proceedings own name, and with the like effect as in cases of complaints before grand juries, to compel the attendance of any witness whom he shall deem material, before the county judge; and such judge shall have the same power to enforce obedience to such subpænas by attachment, and to commit any person who shall refuse to be sworn or to answer,

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(80) Laws of 1923, p. 63, § 7 & 8; p. 243, § 1. (81) Cons. art. 4, § 8 & 11.

TITLE & as the court of common pleas would have in a civil cause pending


3 47. On the application of the officer accused to the district attorney, or to any justice of the peace, he shall be entitled to the like process of subpena, which may be enforced in the same manner, by the judge before wbom the enquiry shall be condueted.

$ 43. At the time and place specified in such notice, the county judge before whom the enquiry shall be conducted, shall proceed to take the testimony of the witnesses produced before hin by the district attorney, or by the accused officer; the witnesses shall be sworn by such judge ; every answer given by them to any question wh ch either party shall require to be reduced to writing, shall be written; their testimony shall be read to and subscribed by them, and shall be certified by the judge taking the same, and delivered to the dis

trict attorney, to be by him transmitted to the governor.

in $49. In every case where a vacancy shall occur in the office of id and clerk sheriff or county clerk, including the clerk and register of the city

and county of New-York, except where such vacancy shall arise from the death of the incumbent, the governor shall appoint some fit person who was eligible to the office to execute the duties thereof, until it shall be supplied by an election. The person so appointed, after taking the oath of office, and executing a bond, if one be required of the officer in whose place he shall be appointed, shall possess all the rights and powers, and be subject to all the duties and obligations, of the officer so removed.

Vacancies in office of str

Proceedings to compel the delivery of Books and Papers by

Public Officers to their Successors.
Sec. 50. Persons removed from, or going out of office, to deliver over books and papers to

their successors.
51. On neglect or refusal so to do, such successor may apply to chancellor, &c. for an

order to show cause. 52. Proceedings at the time appointed for showing cause. Oath of person charged to

be received 53. If he shall not make oath, and it shall appear that books or papers are withheld, of

ficer shall commit him to jail. 54. Officer may then also issue search warrant. 55. Proceedings on return of search warrant. 56. Upon the death of any officer, the like proceedings may be had against any person

into whose hands his books and papers shall come, to compel their delivery. Books and

$ 50. Whenever any person shall be removed from office, or the para to be delivered to

o term for which he shall have been elected or appointed shall expire, Muccessors.

he shall, on demand, deliver over to his successor all the books and

papers in his custody as such officer, or in any way appertaining to his Pendly office. Every person violating this provision, shall be deemed guilty

of a misdemeanor.

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