Графични страници
PDF файл
ePub

TITLE 5.

Commissioners of

office, and shall continue to be, commissioners of the landoffice.

1 R. L., 292, § 1; Laws of 1815, p. 10, § 5.

.

$ 2. All the officers mentioned in the preceding section, canal fund. except the speaker of the assembly, by right of office, are, and shall continue to be, commissioners of the canal fund; but they cannot act as a board unless the comptroller shall be present.

Canal commisioners.

Ib.

Laws of 1817, p. 301, § 1.

$ 3. The canal commissioners shall be appointed by the legislature, who, in making such appointment, shall proceed in the same manner as in the appointment of secretary of state and other state officers. The tenure of their office is during the pleasure of the legislature.

Laws of 1816, p. 295, § 1; 1817, p. 202, § 2.

S4. If a vacancy shall occur in the office of canal commissioner, during a recess of the legislature, it shall be supplied by the appointment of the governor; but the powers of the officer appointed shall cease at the next meeting of the legislature.

Laws of 1817, p. 302, § 2.

[114] S 5. The canal board shall consist of the canal commisCanal board sioners, and the commissioners of the canal fund.

Superintendents of canal repairs.

Collectors

of canal tolls.

Ib.

Canal appraisers.

Trustees

of state library.

Laws of 1826, p. 360, § 4; 26 W., 640.

$6. Superintendents of canal repairs shall be appointed by the canal board. Either of the acting canal commissioners may remove any of the said superintendents, and fill the vacancy occasioned by such removal, by an appointment to continue until the next meeting of the canal board.

Laws of 1826, p. 360, §§ 1 & 3; 1827, p. 223, § 13.

$ 7. Collectors of canal tolls shall be appointed by the canal board, and shall hold their offices for one year, but may be removed at any time by such board.

Laws of 1826, p. 360, §§ 5 & 6.

8. The comptroller shall also have power to remove any of the said collectors, at his pleasure, and to fill the vacancy occasioned by such removal, until the next meeting of the canal board.

Laws of 1826, p. 360. § 17.

$9. The canal appraisers shall be nominated by the governor, and appointed by him, with the consent of the senate. No person shall act as appraiser in any case in which he shall be either directly or indirectly interested.

Laws of 1825, p. 398, § 1.

S 10. The governor, lieutenant-governor, the secretary of state, the attorney-general, and the comptroller, by right of office, are, and shall continue, trustees of the state library.

Laws of 1824, p. 302, § 22.

TITLE 5.

Superinten

$11. The secretary of state, by right of office, is and shall be superintendent of common schools, and state sealer of dent of weights and measures.

Laws of 1821, p. 249, § 2; 1 R. L., p. 376, § 2.

common schools and state sealer.

cities.

$ 12. The mayors of the respective cities in the state are Mayors of appointed annually by the common councils of the respective cities.

treasurers.

$ 13. The board of supervisors of each county shall appoint County some reputable freeholder of the same county to be the treasurer thereof, who shall hold his office during the pleasure of the board appointing him. No supervisor, or clerk of the board of supervisors, shall be appointed to, or hold, the office of county treasurer.

1 R. L., p. 138, § 4.

14. County sealers of weights and measures shall be ap- County pointed, each by the board of supervisors of the county for sealers. which he shall be appointed, and shall hold their offices during the pleasure of the board appointing them.

1 R. L., p. 376, § 2.

sioners of

other offi

$ 15. Commissioners for loaning moneys under the act Commis entitled "An act authorising a loan of moneys to the citizens loans, and of this state," passed April 11, 1808; loan-officers of the county cers, how of Putnam; inspectors of state prisons; superintendents of appointed. the salt springs; inspectors of salt in the county of Onondaga; [115] harbor-masters, wardens and branch pilots of the port of NewYork; auctioneers; inspectors of flour, of leather, of beef and pork, of distilled spirits, of lumber, flaxseed, 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.

Laws of 1822, p. 159; 1823, p. 64, § 1; p. 81, § 46; 1825, p. 80; p. 232,
§ 1; p. 443, § 1; Laws of 1828, ch. 274, § 1.

their offices

$16. The officers enumerated in the last section, shall hold Tenure of their 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.

See Laws of 1834, ch. 56, § 11. Laws of 1856, ch. 147, repeals sect. 17,
and contains other enactments inconsistent with Rev. Stat.

cers of New

$18. The board of health may supply any vacancy, that Health offmay occur in the office of either of the commissioners of York. health of the city of New-York, whether arising from the

TITLE 6. 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.

Loan offices

Inspectors

of hops, &c.

[116]

Laws of 1823, p. 64, § 1.

$ 19. Loan officers under the act entitled "An act for loaning 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.

Laws of 1821, p. 69, § 8.

S 20. Inspectors of hops, of fish, of oil; wreck masters; inspectors 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 SaggHarbor, shall be appointed by the governor, and severally hold their offices for the term of two years.

Laws of 1823, p. 81, § 46; p. 244, § 2; 1825, p. 231.

TITLE VI.

GENERAL PROVISIONS APPLICABLE TO ALL THE CIVIL OFFI-
CERS OF THIS STATE, OR TO CERTAIN CLASSES OF THEM.
ART. 1.-General provisions respecting the appointment of officers, their quali-
fications, the commencement and duration of their offices.

ART. 2. Of nominations to offices, and the commissions of officers.

--

ART. 3. Of the oath of office, and the official bond.

ART. 4.-Of resignations, vacancies and removals, and the means of supplying them. ART. 5.-Proceedings to compel the delivery of books and papers by public officers to their successors.

ARTICLE FIRST.

General

GENERAL PROVISIONS RESPECTING THE

APPOINTMENT OF OFFICERS, THEIR QUALIFICATIONS, THE COMMENCEMENT AND DURATION OF THEIR OFFICES.

SEC. 1. No person can hold an office unless twenty-one years of age and a citizen.

2. Members of common councils of cities ineligible to certain offices.

3. When officers to enter on their duties.

4. Officers not otherwise provided for, to be appointed by governor 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 to be held during pleasure of appointing power.

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

10. Sheriffs and clerks of counties to act in like manner.

$1. No person shall be capable of holding a civil office, disabilities. who, at the time of his election or appointment, shall not have attained the age of twenty-one years, and who shall not then be a citizen of this state.

3 W.,
438.

Members of $ 2. No person elected to the common council of any of the council cities in this state, shall, during the term for which he shall

common

ART 2.

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

ment of

$3. All officers elected by the people, unless they shall be Commenceelected to supply vacancies then existing, shall enter on the office. duties of their respective offices on the first day of January following the election at which they shall be chosen.

power.

$4. Every officer, the mode of whose appointment is not Appointing 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 consent of the senate.

&c., by

appointed.

$5. All assistants, deputies, and other subordinate officers Deputies, of every description, whose appointment is not, or shall not whom to be be specially provided for, shall be appointed by the body, board or officer, to which, or to whom, they shall be respectively subordinate.

ber.

[117]

$6. When the number of such subordinate officers is not or Their numshall not be directed by law, it shall be limited at the discretion of the appointing power.

ers.

$7. In all cases not otherwise provided for, each deputy Their pow shall possess 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.

certain offi

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

$9. Every officer duly appointed, except the chancellor, officers to justices of the supreme court, and circuit judges, who shall hold over. 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.

Laws of 1824, 380; 9 Pai., 509.

10. Sheriffs and clerks of counties, including the register Ib. and 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.

1 R. L., 420, § 4.

ARTICLE SECOND.

OF NOMINATIONS TO OFFICES, AND THE COMMISSIONS OF OFFICERS.

SEC. 11. Nominations of governor to senate how made.

12. When senate concur, clerk to deliver certified copies.

13. When an officer is removed by the legislature copy of resolution to be delivered.

14. Commissions of civil officers, how made out.

15. Commissions and supersedeas how forwarded.

16. When messengers to be sent, and notice to be published.

17. Certificates of board of canvassers to be evidence of election.

TITLE 6. SEC. 18. Certificate of his appointment to each commissioner of deeds. 19. Other officers, how commissioned.

Nomina

written, &c.

$ 11. All nominations made by the governor to the senate, tions to be shall be in writing. Except in the nomination of a chancellor, chief justice, 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.

Resolution

rence.

[118]

$ 12. Whenever any person nominated by the governor of concur- shall have 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 recommendation, certified by the president and the clerk of the senate, to the secretary of state, and another copy certified by the clerk, to the governor. $ 13. Whenever any officer, whose nomination is vested in of removal. the governor, shall be removed by a joint resolution of the two houses of the legislature, it shall be the duty of the clerk of the house in which such resolution originated, immediately to deliver a certified copy thereof to the governor.

Resolution

Commissions, how made out.

How forwarded

Ib.

Certificate

ers.

$ 14. The commissions of all civil officers appointed by the governor 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. S15. 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.

1 R. L., 459, § 4.

S16. 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.

1 R. L., 459, §§ 4, 5.

S17. The certificates of the board of canvassers authorized of canvass to canvass the votes given for any elective office, shall be evidence of the election of the persons therein declared to have been elected.

Commis

sioners of deeds.

20 W., 13.

$ 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 commissioner appointed, which shall be deemed his commission.

« ПредишнаНапред »