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$49. If any such county shall be subjected to any loss or defi- ART. 4. ciency, in consequence of a defect of title, or of the want of sufficient value of any premises mortgaged to any such loan officers, such loss or deficiency shall be raised, levied and collected, in the county in which the mortgaged premises may be; and the supervisors of such county shall direct the same to be raised, at the first annual meeting that shall be held after the amount of such loss or deficiency shall be certified to them by the commissioners.29

mortgages

deposited.

$ 50. It shall be the duty of the commissioners of loans and loan Books of officers of the several counties, to deposit their books of mortgages in where to be the clerks' offices of the respective counties for which they were appointed, there to remain at all times, except when the said commissioners and officers shall be in actual session, for the despatch of their official duties.

officers" de

$51. The term "loan officers," whenever it occurs in the forego- Term "loan ing sections, shall be construed to intend the loan officers appointed fined. under the act of the 14th March, 1792, entitled "An act for loaning monies belonging to this state," and commonly called New Loan officers.

ARTICLE FOURTH.

Of the Clerks of Counties.

SEC. 52. County clerk to have care of all books, &c. in his office.

53. To provide books for the recording of conveyances and other papers; to file papers.
54. Where clerks' offices to be kept.

55. Clerk of Suffolk may establish two offices in that county, and appoint an assistant
for one of them.

56. Clerks to appoint deputies. Appointment to be recorded.

57. Deputies to take oath of office.

58. When deputy to perform all his duties, except that of deciding on sufficiency of
sureties.

59. When office vacant, deputy to perform duties, and receive pay, &c. of clerk.

60. When a commission or supersedeas is received by clerk, he is to give notice to persons named therein.

61. Clerk to give notice to governor of any officer in his county required to give or renew bond, neglecting so to do.

62. Clerk to report to governor annually all officers in his county that have given bond, &c. and those who have not, and all vacancies in offices.

63. Pay of clerk for services mentioned in three preceding sections, and for registering mortgages to state, paid out of treasury.

64. Clerk to report annually to comptroller, names of all religous societies.

65. Certified copies of papers in clerk's office, like evidence as originals.

66. Where county clerk is authorised to judge of the competency of sureties, that duty
to be performed, when he is absent or his office is vacant, by two county judges.

ties.

$ 52. The clerk of each county in this state shall have the custody General duof all the books, records, deeds, parchments, maps and papers, now deposited, or that may hereafter be deposited or kept in his office; and it shall be his duty, from time to time, carefully to attend to the arrangement and preservation thereof.

(29) Ib.

Ib.

TITLE 2. $ 53. He shall, at the expense of the county, provide proper books for the recording of deeds, mortgages, or other conveyances acknowledged or proved according to law; and for the recording of all other papers, documents or matters required by law to be recorded in his office. He shall also receive and file all papers and documents di

Places where

offices are to

be kept.

Ib. Suffolk county.

Deputy clerk.

fb.

Powers of

deputy.

Ib.

rected to be filed therein.

$54. The clerk of the county of Washington shall keep his office at some convenient place, not more than one half mile from the dwel ling-house now or late of Joseph Rouse, in the town of Argyle. The clerk's offices in those counties in which buildings have heretofore been erected for clerk's offices pursuant to law, shall continue to be kept in such buildings; and the clerk's offices in the other counties of this state, except the county of New-York, shall be kept within one mile of a court-house in such county, except in the counties of Westches ter, Suffolk and Rockland, where the same shall be kept at such place as shall be designated by the board of supervisors of the county.30

$ 55. The clerk of the county of Suffolk may, at his discretion, from time to time, establish offices in any two convenient places therein; and for this purpose, may, by writing under his hand and seal, appoint any competent person assistant clerk of the county, to take charge of one of the offices, and perform the duties thereof during the pleasure of the clerk; which appointment shall be recorded in the office of the clerk of the county.3

30

$56. Every county clerk shall appoint some proper person deputy clerk of his county, to hold during the pleasure of the clerk; and as often as such deputy clerk shall die, resign, or be removed from office, or remove out of the county, or become incapable of executing the du ties of the office, another shall be appointed in his place. Every such appointment shall be in writing under the hand and seal of the clerk, and shall be recorded in the office of the clerk of the county.31

$57. Every person appointed to the office of deputy clerk, shall, before he enters on the duties of his office, take the oath of office, prescribed in the constitution of this state.31

$58. Whenever the county clerk shall be absent from the county, or by reason of sickness, or any other cause, shall be incapable of performing the duties of his office, his deputy may perform all the duties appertaining to the office of clerk of the county, except that of deciding upon the sufficiency of sureties for any officer.31

$ 59. Whenever the office of any county clerk shall become va cant, his deputy shall perform all the duties, and be entitled to all the emoluments, and be subject to all the penalties appertaining to the of

(30) 2 R. L. 251, § 1 to 4. (31) 1R. L. 523, § 19; 2 R. L. 149, § 17; Laws of 1815. P 88, § 2.

fice of clerk of the county, until a new clerk shall be elected for such ART. 4. county, and duly sworn.32

persons ap

$ 60. Whenever any commission or supersedeas shall be received Notice to at the clerk's office of any county, it shall be the duty of the clerk pointed. forthwith, at the expense of this state, to give notice thereof to every person named in such commission or supersedeas.33

govor as

of official

$61. Whenever any person appointed to any office in any county Notice to in this state, who is required by law to execute a bond previous to to execution entering on the duties of his office, or to renew such bond, shall neg- bonds. lect to execute or renew such bond in the manner and within the time required by law, it shall be the duty of the clerk of such county, forthwith to give notice to the governor of such neglect.34

tice to go

ally, as to of

ficers in his

county.

$ 62. The clerk of each county shall, on or before the fifteenth To give noday of January in each year, give information to the governor of all vernor, annupersons appointed to offices in his county, who during the previous year shall have taken the oath of office, or given the bond required by law; and of all persons required to take such oath or give such bond, who shall have neglected so to do; and also of all vacancies in such county, in any civil office.35

vices under

tions.

$63. The compensation of the several county clerks, for services Fees for serand expenses in performing any of the duties prescribed in the three three last sec last preceding sections, and the fees of such clerks, for registering or recording any mortgage to the people of this state, shall be audited by the comptroller, and paid out of the treasury.36

cieties.

$64. The clerk of each county shall, on or before the first day of Religious soJanuary in each year, report to the comptroller, the names of all the religious societies, that shall have been incorporated in his county during the preceding year.

pies and

$65. Copies of all papers duly filed in the office of the county Certified coclerk, and transcripts from the books of records kept therein, certified transcripts. by such clerk, with the seal of his office affixed, shall be evidence in all courts in like manner as if the originals were produced.

cide on suf

sureties when

vacant, &

$ 66. In all cases in which a county clerk shall be authorised to who to dejudge of the competency of the sureties offered by a person appointed ficiency of to office, if there be a vacancy in the office of county clerk, or he be clerk's office absent, from the county, or be incapable of performing the duties of his office, it shall be lawful for any two judges of the county courts, of whom the first judge shall be one, (unless there be a vacancy in his office, or he be absent or incapable as aforesaid,) to decide upon

(32) 1 R. L. 523, § 19; 2 R. L. 149, § 17; Laws of 1815, p. 88, § 2. 5, Title 6, § 49. (33) 1 R. L. 459, § 4; Laws of 1815, p. 206. (34) 3; 1827, p. 218, § 2. (35) 1 R. L. 385. § 12. (36) Ib. 530, § 9. 48 VOL. 1.

Ante, p. 124, Chap
Laws of 1820, p. 65,

TITLE 2. the competency of such sureties; and for that purpose, to administer 'any oath, and make any examination that may be required.37

Sheriff to give bond.

its form.

Amount of penalty.

ARTICLE FIFTH.

Of Sheriff's and Coroners.

SEC. 67 & 68. Sheriffs to give bonds, and the penalty of such bonds.

69. Bond to be filed in clerk's office; clerk to examine sureties as to their sufficiency.

70. Sheriff to renew security annually; extent of such renewed security.

71. Sheriffs to appoint under-sheriffs.

72. When office of sheriff vacant, under-sheriff to execute the office, &c.

73. Sheriff may appoint deputies.

74. Appointment of under or deputy sheriff to be in writing; they are to take oath; exception as to special deputies.

75. Sheriff to have custody of jail, and prisoners in same.

76. Sheriff to be paid out of the state treasury for certain services in behalf of the state. 77. Whenever a sheriff shall remain committed for 30 days, for non-payment of monies received by him, facts to be reported to the governor, to the end that he may be removed.

78. When first judge is to designate coroner to execute office of sheriff.

79. Coroner so designated to give bond.

80. If he neglect to give security, judge to designate another coroner.

$1. If vacancy in office of sheriff and under-sheriff, and but one coroner in office, he to execute office of sheriff, and to give bond.

82. If all coroners refuse to give bond, first judge to appoint some suitable person to execute office.

83. Such appointment to be in writing.

84. Person so appointed to give security.

85. Subject to above provisions, coroners to execute office of sheriff whenever it shall

be vacant.

86. Person executing office pursuant to either of last eight sections, subject to all duties, &c. of sheriff.

$67. Every person hereafter elected to the office of sheriff of any county within this state, shall, within twenty days after he shall receive notice of his election, and before he shall enter upon the execution of the duties of his office, execute with sureties, who shall be freeholders, a joint and several bond to the people of this state; the condition of which bond shall be in the form and to the effect following, to wit:

"Whereas the above bounden

the office of sheriff of

hath been elected to

at the general election held therein, [or at a special election held therein,'] on the day of Now, therefore, the condition of the above obligation is such, that is the said shall well and faithfully in all things perform and

during

execute the office of sheriff of the said county of
his continuance in the said office by virtue of the said election, with-
out fraud, deceit or oppression, then the above obligation to be void,
or else to remain in full force."38

$68. The bond to be executed by the sheriff of the city and county of New-York, shall be in the penal sum of twenty thousand dol lars, with two sureties: and the bond to be executed by the sheriff of every other county in this state, shall be in the penal sum of ten thousand dollars, with two or more sureties.38

(37) Laws of 1815, p. 88, § 1. (38) 1 R. L. 419, § 2.

ART. 5.

Fuing of

of sureties.

$69. Every such bond shall be filed in the clerk's office of the county for which the sheriff executing it, shall have been elected; and the clerk shall, at the time of filing the same, administer an oath bond; oath to each of the sureties named therein, that he is a freeholder within this state, and worth, if in the city and county of New-York, the sum of twenty thousand dollars, and if in any other county, such sum as shall be proportionate to the number of sureties bound in such bond, and to the amount of the bond required in such county, over and above all debts whatsoever owing by him; which oath shall be endorsed on the bond, and subscribed by each of the sureties in the presence of the clerk, who shall, notwithstanding, judge of and determine the competency of such sureties.39

new security

To appoint under-sheriff.

$ 70. It shall be the duty of every sheriff, within twenty days af- Sheriff to ro ter the first Monday of January in each year, subsequent to that, in annually. which he shall have entered on the duties of his office, to renew the security required to be given by him before entering on the duties of his office; which renewed security shall be in the same amount, and be given in the same manner, and be subject in all respects to the same regulations, as the original security required from such sheriff. 40 $71. The sheriff of each county in this state, shall, as soon as may be, after he takes upon himself the execution of his office, appoint some proper person under-sheriff of the same county, to hold during the pleasure of such sheriff; and as often as a vacancy shall occur in the office of such under-sheriff, or he become incapable of executing the same, another shall in like manner be appointed in his place.41 $72. Whenever a vacancy shall occur in the office of sheriff of Powers of any county, the under-sheriff of such county shall in all things execute the office of sheriff of the county, until a sheriff shall be elected or appointed, and duly qualified; and any default or misfeasance in office of such under-sheriff in the mean time, as well as before, shall be deemed to be a breach of the condition of the bond given by the sheriff who appointed him, and also a breach of the condition of the bond executed by such under-sheriff to the sheriff by whom he was appointed. 41

under-sheriff.

$73. Every sheriff may appoint such and so many deputies as he Deputies. may think proper; and persons may also be deputed, by any sheriff or under-sheriff, by an instrument in writing, to do particular acts.41 $74. Every appointment of an under-sheriff, or of a deputy she- Their apriff, shall be by writing, under the hand and seal of the sheriff, and and oath. shall be filed and recorded in the office of the clerk of the county; and

every such under-sheriff or deputy sheriff shall, before he enters on the execution of the duties of his office, take the oath of office pre

(39) 1 R. L. 419, § 2. (40) Laws of 1827, p. 218, § 1 and 2. (41) 1 R. L. 420, § 5; Laws of 1827, p. 218, § 4.

pointment

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