ART. 3. $21. The supreme court shall prescribe the rules and Councelregulations under which counsellors and attornies shall be lors, &c. appointed and licensed in that court, and the chancellor, those under which counsellors and solicitors shall be so appointed and licensed in the court of chancery, and the several courts of equity. Laws of 1823, p. 215, § 19. authority. $22. All solicitors and counsellors, licensed in the court of Ib., their chancery, shall be authorized to practise as such in all the courts of equity. Laws of 1823, p. 215, § 19. $23. Counsellors, solicitors and attornies may be removed Ib., tenure or suspended by the several courts in which they shall be of office. appointed; but subject to such removal and suspension, they [109] hold their offices during life. 1 R. L., 417, § 5. lors, &c., moval, $24. Any counsellor, solicitor or attorney, may be removed Counsel or suspended, who shall be guilty of any deceit, mal-practice their reor misdemeanor, but not until a copy of the charges against him, shall have been delivered to him, by the clerk of the court in which the proceedings shall be had, and an opportunity shall have been given to him, of being heard in his defence. 1 R. L., 417, § 5. $25. The removal or suspension of any counsellor, solicitor, Ib. or attorney, by the chancellor or the supreme court, from their respective courts, shall operate as a removal or suspension in every court in the state; but in every other case, the removal or suspension shall be confined to the court in which it shall be declared. $ 26. No clerk, deputy clerk, register, assistant-register, or Who may deputy-register of any court, shall, during his continuance in not practice office, practice in such court as a counsellor, solicitor or attorney. 1 R. L., 417, § 10. $27. No sheriff, under-sheriff, deputy-sheriff, sheriff's clerk, Ib.. or coroner, shall, during his continuance in office, practice as a counsellor, solicitor or attorney, in any court of law or equity. 1 R. L., 417, § 10. cers of $28. All officers of courts, other than those above men- Other offtioned, shall be appointed by the courts of which they shall courts, how respectively be officers, and shall hold their offices during the appointed. pleasure of the court so appointing them. 5 N. Y., ARTICLE THIRD. OF JUDICIAL OFFICERS APPOINTED BY THE LOCAL AUTHORITIES OF A COUNTY OR CITY. SEC. 29. Commissioners of deeds in towns how to be appointed. 30. Supervisor ineligible. 31. Tenure of the office; how removed. TITLE 4. Commis sioners of deeds, how appointed. [110] Who ineligible. Tenure of office. Removal from office. Ib. SEC. 32. Causes of removal to be assigned. 33. Notice thereof to be given. 34. Special and assistant justices in New-York how appointed; and tenure of office. $29. Commissioners of deeds in each town of the state shall be appointed in the manner following: 1. The judges of the county courts and the board of supervisors, in each county, shall meet in separate chambers on the day and at the place, of the annual meeting of the board of supervisors in their respective counties. 2. Each body, when so met, shall nominate in separate lists, the number of persons then to be appointed commissioners of deeds, in the several towns of the county. 3. They shall meet together, for the purpose of comparing their respective nominations, on the same day, or on the day following that on which such nominations shall have been made. 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 the county judges and board of supervisors shall disagree in the nominations, or if either the county judges or the board of supervisors shall fail or refuse to nominate, they shall immediately proceed to elect by joint ballot so many persons as shall be necessary to complete the number of commissioners then to be appointed. Laws of 1837, chap. 439. 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. Laws of 1823, p. 244, § 4. S30. No supervisor shall be appointed a commissioner of deeds. Laws of 1823, p. 244, § 4. S31. Commissioners of deeds in towns, shall hold their respective offices for four years, but may be removed by the judges of the county courts. Laws of 1823, p. 244, § 4. $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. Laws of 1823, p. 244, § 4. $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. Laws of 1823, p. 244, § 4. Justices in S 34. The special justices and the assistant justices, and New York. their clerks, in the city of New-York, are appointed by the common council 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. ARTICLE FOURTH. OF JUDICIAL OFFICERS ELECTED BY THE PEOPLE. SEC. 35. Four 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, 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 43. Certificates of drawing and of result, to be recorded. 44. If by erecting or altering a town there be more than four justices therein, 45. If a town be deprived of one or more justices, their places to be supplied. 49. Coroners when and how to be elected. 50. Sheriffs, clerks and coroners in new counties, when to be chosen. ART L towns. [111] $35. There shall be four justices of the peace in each town, Justices in divided into four classes, one of whom shall be annually elected in the manner prescribed in chapter sixth of this act. Each justice hereafter 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. 6 Cow., 645. from office. 36. No justice of the peace can be removed until he shall Removal have 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. new towns. $37. Whenever a new town shall be erected, an election Justices in for justices therein shall be held at the next general election thereafter, unless a special election shall be directed by law. $38. If there be one or more justices then residing in such Ib. new 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. 21 W., 563. of meeting mine $39. After the election of justices in such new town, the Ib., notice supervisor thereof shall, within six days after the completion to deter of the canvass by the county canvassers, give notice in writing, classes. 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 TITLE 4. Ib., Classes, how deter mined. Ib. Ib., neglect to attend, &c. [112] Certificates 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 clerk shall cause to be written on separate pieces of paper, as near 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. S 41: If less than four justices shall have been chosen, then ballots 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 drawing, the supervisor shall draw for him. If the supervisor be absent from his town, or unable to serve, or his office be vacant, the town clerk shall give the notice herein required, and perform the duties enjoined on such supervisor. $ 43. Duplicate certificates of such drawing, and of the of drawing. 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 justices, belong. When more than four justices S44. If by the erection of a new town or the annexing of a part of one town to another, there should at any time be their offices more than four justices residing in any town, they shall, not may hold Proceedings when duced. withstanding, 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 office of two or more justices, being in the same class, only one person shall be elected to fill the vacancy in such class. $45. Whenever, by the erection of a new town or the number re- annexing of part of one town to another, any town 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. Proceed ings when $46. Whenever there shall be two or more justices chosen elected for at any election, one or more of whom shall be chosen to TITLE 5. unequal supply a vacancy, and one for the regular term, the class to which each justice shall belong, and the term for which he shall terms. 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. &c. $47. Sheriffs and clerks of counties, and the register and Sheriffs, 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 vacancies occur. ties of $48. Sheriffs can hold no other office, and are ineligible to Disabili the same office, for the next three years, after the termination sheriffs. of their offices. $ 49. One coroner in the city and county of New-York, and Coroners.. four in every other county in the state, shall be elected in the same manner and at the same general election as sheriffs, hold [113] their offices for the same term, and be removable in like manner. Sheriffs $50. The sheriffs, clerks and coroners first chosen in every sherw county that may hereafter be erected, shall be elected at the counties. general election next succeeding the erection of the county, or at such other time as the legislature shall direct. TITLE V. OF ADMINISTRATIVE OFFICERS. SEC. 1 Who commissioners of land-office. 2. Who commissioners of the canal fund. 3. Canal commissioners how to be appointed; tenure of their offices. 4. Vacancies in the office of canal commissioner how to be supplied. 5. Canal board of whom to consist. 6. Superintendents 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 how 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. 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. (Repealed.) 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. $1. The lieutenant-governor, the speaker of the assembly, Commis the secretary of state, the attorney-general, the surveyor- land office. general, the comptroller, and the treasurer, are by right of sioners of |