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CHAP. V.

Of the Public Officers of this State, other than Militia and Town Officers; their election or appointment; their qualifications, and the tenure of their offices.

TITLE 1. Of the number, location, and classification of the public offi cers of the state.

TITLE 2.

Of legislative officers.

TITLE 3. Of executive officers.

TITLE 4. Of judicial officers.

TITLE 5.-Of administrative officers.

TITLE 6.-General provisions applicable to all the civil officers of this state, or to certain classes of them.

TITLE 1.

TITLE I.

OF THE NUMBER, LOCATION, AND CLASSIFICATION OF THE PUBLIC
OFFICERS OF THE STATE.

SEC. 1. Names and number of the several civil officers.

2. Common Councils of cities (except New-York) to determine the number of commissioners of deeds and notaries.

3. Copy of such determination to be transmitted to governor.

4. Nominations to be made conformably to such determination.

5. County courts to determine number of commissioners of deeds in towns.

6. Such commissioners not to be increased unless in conformity to such determination.

7. What offices to be vacated under this chapter.

8. In certain cases no new appointment to be made.

9. Circuit judges, &c. where to reside.

10. County judges and recorders where to reside.

11. Surrogates, &c local officers.

12 Justices of the peace where to reside, &c.

13. Commissioners of deeds where to reside, &c.

14. Notaries public where to reside, &c.

15. Sheriffs, &c. where to reside.

16. Administrative officers confined in the execution of their duties.

of the civil

SECTION 1. There shall be elected or appointed, in the manner Classification herein after declared or prescribed, the following civil officers, who officers. shall be arranged in classes to be denominated legislative, executive, judicial and administrative; but this classification shall not be construed as defining the legal powers of the officers, that shall be assigned to either class:

1. In the class of Legislative Officers,

Thirty-two senators;

One hundred and twenty-eight members of the assembly; A speaker of the house of assembly from its own body; A clerk, a sergeant-at-arms, a door-keeper, and so many assistant door-keepers, messengers, and other subordinate officers for each house of the legislature, as such houses shall respectively deem necessary.

Legislative

TITLE 1.

Executive.

Judicial.

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2. In the class of Executive Officers,

A governor and lieutenant-governor ;

A secretary of state, a comptroller, a treasurer, an attorney-general, a surveyor-general, and a state printer;

A private secretary for the governor, and a door-keeper of the executive chamber.

3. In the class of Judicial Officers,

A chancellor, a register of the court of chancery, to reside and Chancery. keep his office in the city of Albany, and an assistant register of the same court, to reside and keep his office in the city of New-York;

Supreme

court.

A clerk of the said court, to reside and keep his office in the village of Poughkeepsie, and a clerk thereof, to reside and keep his office in the village of Utica;

A sergeant of said court, to reside in the city of Albany, and a sergeant thereof, to reside in the city of New-York;

Five masters and two examiners in chancery in the city and county of New-York, and not more than three masters and three examiners in every other county of this state;

So many commissioners to take affidavits to be read in the said court, as the chancellor shall from time to time think proper to appoint;

A chief justice and two justices of the supreme court; three clerks of the said court, one to reside and keep his office in the city of Albany, one in the city of New-York, and one in the village of Utica; and three criers of the said court, one to reside in Albany, one in NewYork, and one in the county of Oneida ;

A commissioner to perform the duties of a justice of the supreme court at chambers, to be denominated "Supreme Court Commissioner," to reside in each of the following counties and places: In the counties of Allegany, Cattaraugus, Chautauque, Erie, Franklin, Genesee, Herkimer,' Lewis,2 Madison,3 Niagara, Oneida, Ontario, Orange, St. Lawrence, Suffolk, Sullivan, Tompkins, Ulster and Westchester; one to reside either in the county of Tioga or in the county of Steuben; in the town of Plattsburgh, in the county of Clinton; in the village of Catskill, in the county of Greene; in the village of Poughkeepsie, in the county of Dutchess; in the village of Watertown, in the county of Jefferson; in the village of Canajoharie, in the county of Montgomery; in the village of Glen's Falls, in the county of Warren ; in the town of Kingsbury, in the county of Washington; and in the town of Whitehall, in the county of Washington;

So many commissioners to take affidavits to be read in the supreme court, as the justices thereof shall think proper to appoint;

(1, 3 & 5) Laws of 1828, chap. 237, April 17, 1828. (2 & 4) Laws of 1828, chap. 2, January 7, 1828. (6) Laws of 1828, chap. 133, March 28, 1828. (7 & 8) Laws of 1828, chap. 244, April 18, 1828.

A clerk of the court for the trial of impeachments and the correc- TITLE 1. tion of errors, a crier, and a sergeant of the same court;

Court of er

A reporter of the decisions of the supreme court, and of the deci- rors. sions of the court for the trial of impeachments and the correction of Reporters. errors, to be denominated the "state reporter;"

A reporter of the decisions of the court of chancery, to be denominated the "chancery reporter;"

courts.

A circuit judge for each of the eight circuits, and a clerk of the Circuit court of equity of each circuit;

A first judge and four judges of the county courts of each county, County except the city and county of New-York, in which there shall be a first judge of the court of common pleas;"

A chief justice and two associate judges of the superior court of law in and for the city and county of New-York;10

A clerk, a sheriff, a surrogate, and a district attorney for each Clerks, &c. county;

A coroner for the city and county of New-York, and four coroners Coroners. for every other county;

A register of the city and county of New-York, and a clerk of the New-York. court of oyer and terminer and general sessions of the same city;

A recorder of each of the cities of Albany, New-York, Hudson Recorders. and Troy ;

cities.

A clerk of the city of Hudson, and a marshal for each of the cities Clerks of of Hudson and Troy;

tices.

Three special justices for the city of New-York, and a clerk of the Special juspolice office in said city;

Three justices of the marine court for the city of New-York, and a clerk of said court;

An assistant justice for the first, second, and third wards; an assistant justice for the fourth and sixth wards; an assistant justice for the fifth, eighth and fourteenth wards; an assistant justice for the seventh, tenth and thirteenth wards; an assistant justice for the ninth and eleventh wards, and a clerk to each of the said assistant justices, and two assistant justices for the twelfth ward of the city of New-York; Three justices of the justices' court of the city of Albany, and a clerk of said court;

A justice of the peace for the fifth ward of the city of Albany ;11 Three justices of the justices' court of the city of Hudson, and a clerk of said court;

Not less than three nor more than six justices of the peace for the

city of Schenectady;

Justices.

Four justices of the peace for each town in the state; Not less than two, nor more than four commissioners to take the Commission proofs and acknowledgments of deeds, and to perform certain other

(9) Laws of 1828, chap. 321, April 21, 1828. (10) lb. (11) Laws of 1828, chap. 178, April 5, 1828.

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ers of deeds.

TITLE 1. duties, to be denominated "commissioners of deeds," for each town in the state, and so many of the like commissioners for each of the cities in this state, as shall from time to time be determined in the manner herein after provided;

Notaries pub he.

Counsellors, &e.

Administra tive.

Canal officers.

Mayors, &c.

County treas

surers.

Loan-officere.

Prison inspectors

Salt springs.

Harbor masters, &c.

Auctioneers.

Thirty-six commissioners of deeds for the city and county of New

York;

Fifty notaries public in the city and county of New-York;

So many notaries public in each of the other cities of this state, as shall from time to time be determined, in the manner herein after provided;

So many notaries public in each of the counties of this state, except the city and county of New-York, as the governor and senate shall think proper to appoint;

And so many counsellors, solicitors and attornies, as shall from time to time, be licensed to practice by the several courts of law or equity in this state.

4. In the class of Administrative Officers,

Four canal commissioners, two of whom shall be acting commissioners;

Two canal appraisers, and so many superintendents of canal repairs as the canal board shall from time to time appoint;

A mayor of each of the cities in this state;

A president of the village of Utica;

A county treasurer for each county, except the city and county of New-York;

Loan-officers under the act of the fourteenth of April, one thousand seven hundred and ninety-two, entitled "An act for loaning monies belonging to this state," for each county in which vacancies shall occur in the office of any such officer;

Commissioners of loans under the act of the eleventh of April, one thousand eight hundred and eight, entitled "An act authorising a loan of monies to the citizens of this state," for each county in which vacancies shall occur in the office of any such officer;

Loan-officers for the county of Putnam, whenever vacancies shall occur in the office of any such officer:

Five inspectors of the state prison at Auburn;

A superintendent of the Onondaga salt springs, and an inspector of salt in the county of Onondaga;

A superintendent of the salt springs at Montezuma ;

Three harbor-masters of the port of New-York, and so many wardens and branch pilots for the same port, as the governor and senate shall think proper to appoint;

Not more than fifty-four auctioneers for the city and county of New-York, four for the city and county of Albany, and one or more for every other city, village or county, where they shall be deemed necessary by the appointing power;

Inspectors of

An inspector of flour and meal for each of the cities of Albany and TITLE 1. New-York, and one or more such inspectors in every other city or county, where they shall be deemed necessary by the appointing power; flour. An inspector of beef in the city of New-York, to inspect and put up Inspector of beef, killed according to the rites of the people called Jews;

Not more than ten inspectors of beef and pork for the city and county of New-York, and one or more such inspectors in every other county where they shall be deemed necessary, by the appointing power;

beef, &c.

ashes.

One inspector of pot and pearl ashes for the city and county of Inspectors of New-York, and not more than two such inspectors in every other county where they shall be deemed necessary by the appointing power;

lumber.

Not less than seven, nor more than ten inspectors of lumber for the Inspectors of city and county of New-York; not less than two, nor more than four for the city of Albany; one for the city of Hudson; and so many in other parts of the state, as may be deemed necessary by the appointing power;

An inspector-general of staves and heading for the city and county Inspectors of of Albany, and one for the city and county of New-York;

staves and

heading.

Not less than eight, nor more than ten cullers of staves and head- Cullers of do. ing, for the city and county of New-York; not less than four, nor more than six, for the city and county of Albany; two or more for the city of Hudson, and so many in the other counties as shall be deemed necessary by the appointing power;

sole-leather.

Five inspectors of sole-leather for the city and county of New- Inspectors of York; two for the city and county of Albany; two for the city of Troy; one for each of the cities of Hudson and Schenectady; one for the village of Brooklyn, in the county of Kings; one for the village of Catskill, in the county of Greene; one for the port of SaggHarbour, in the county of Suffolk; one for the village of Lansingburgh, in the county of Rensselaer; one for the village of Waterford, in the county of Saratoga; one for the village of Utica, in the county of Oneida; one for the village of Ithaca, in the county of Tompkins; one for the village of Auburn, in the county of Cayuga; one for the village of Rochester, in the county of Monroe; one for the village of Newburgh, in the county of Orange; one for the village of Batavia, in the county of Genesee; one for the county of Lewis; one for the county of Onondaga; one for the county of Herkimer; one for the county of Montgomery; one for the county of Madison; one for the county of Ulster; one for the county of Oneida; one for the county of Jefferson; two for the county of Ontario, one of whom shall reside in the village of Geneva; and so many such inspectors for the several other counties or villages in this state, as shall be deemed necessary by the appointing power;

An inspector of flaxseed for the city and county of New-York;

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Inspector of

Raxseed.

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