ART. 3. other offi $19. The commissions of all other officers, where no special Commisprovision is made by law, shall be signed by the presiding sions of officer of the board or body, or by the person, making the cers. appointment. ARTICLE THIRD. OF THE OATH OF OFFICE, AND THE OFFICIAL BOND. SEC. 20. Persons elected or appointed to civil offices, to take oath. 21. Time within which such oath is to be taken. 22. Before whom such oath may be taken. 23. Justices of the peace and commissioners of deeds to take oath before county clerk. 24. Oaths to be deposited with certain officers. 25. Deputies to take oaths. 26. Official bonds to be filed the same time that oath is to be filed. 27. Notice to be given of neglect to file official bond or oath. 28. Duty of the comptroller when bond was to have been filed with him. 29. Bond to be in full force so long as the officer discharges the duties. 30. But the sureties are exonerated after the renewal of such bond. [119] office. 31. Persons executing offices without oath or bond, to forfeit such offices, &c. 32. Members of legislature may take the oath at any time during their term of office. $20. Every person who shall be elected or appointed to Oath of any civil office or public trust embraced in this chapter, before he shall enter on the duties of such office or trust, shall take the following oath or affirmation: "I do solemnly swear," or "affirm," as the case may be, "that I will support the constitution of the United States, and the constitution of the state of New York, and that I will faithfully discharge the duties of the office of according to the best of my ability." $21. Whenever a different time shall not be prescribed by When to be law, such oath of office shall be taken and subscribed, and deposited in the proper office, within fifteen days after the officer shall be notified of his election or appointment, or within fifteen days after the commencement of his term of office. taken. $22. The oath may be taken and subscribed, except where Before otherwise provided, before the chancellor, any justice of the whom. supreme court, any circuit judge, the secretary of state, the attorney-general, the lieutenant-governor, the president of the senate for the time being, the speaker of the house of assembly, any judge of any county court, any mayor or recorder of any city, the clerk of any county or city or of any court of record. $23. The oath of justices of the peace and commissioners . of deeds shall be taken before the clerk of the county for which they have been elected or appointed. 2 B., 324. deposited. $24. Every such oath, duly certified by the officer before With whom whom the same was taken, shall be deposited within the time required by law, as follows: 1. The oath of the governor, lieutenant-governor, chancellor, justices of the supreme court, comptroller, secretary of state, attorney-general, treasurer, surveyor-general; of the members TITLE 6. [120] Deputies' oath. Official bond. Notice of neglect. Ib. Effect of bond. of the senate and assembly, and of the clerks, sergeants-atarms and door-keepers thereof; of the canal commissioners, and all other executive and administrative officers, whose authority is not limited to any particular district or county, except where otherwise directed; in the office of the secretary of state. 2. The oath of circuit judges, in the office of the clerk of the county in which they respectively reside. 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. $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 his oath. $26. Whenever any officer is required by law to execute any official bond, he shall cause the same to be filed in the proper office, within the time herein prescribed for filing his oath of office, unless otherwise provided by law. $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. $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. ART. 4. bond. $30. But the sureties in any such bond shall be exonerated Effect of from all liability by reason thereof, for all acts or omissions, of their principal, after he shall have duly renewed any [121] official bond, pursuant to law. acting with S31. If any person shall execute any of the duties or func- Penalty for tions of any office, without having taken and subscribed the out oath or oath of office required by law, or without having executed bond. 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. I R. L., 385, § 11, 2 B., 324. $ 32. Members of the legislature may take the oath of office Legislature. at any time during the term for which they were elected. ARTICLE FOURTH. OF RESIGNATIONS, VACANCIES AND REMOVALS, AND THE MEANS OF SUPPLYING THEM. SEC. 33. Resignations to what officers to be made. 34. Offices when to become vacant. 35. When officer convicted of any infamous crime, &c. court to give notice. 36. Governor to give notice to fill vacancy or order election. 37. When officers die or remove, county clerk to give notice to governor. 38. Governor may remove all officers who are appointed by him. 39. Treasurers and receivers of public money may be removed by the governor. 40. If judgment be obtained for a breach of an official bond, governor may declare office vacant. 41. Certain officers, may be removed by the senate, on the recommendation of the governor. 42. Governor may supply certain vacancies by temporary appointments. 43. If a vacancy, in the office of treasurer, &c. governor may supply vacancy. 44. Governor may remove sheriffs, clerks, &c. 45. May direct district attorney to conduct an enquiry into the truth of the charges. 46. District attorney may issue process of subpoena. 47. Officer accused to be entitled to the like process. 48. County judge to take and certify the testimony. 49. If a vacancy in the office of sheriff, or clerk, governor to fill vacancy by temporary appointment. $33. Resignations shall be made as follows: Resignations to 1. By the governor, lieutenant-governor, secretary of state, whom to be comptroller, treasurer, attorney-general, surveyor-general and made. 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 NewYork, to the governor. TITLE 6. [122] When offi 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. 1 D., 649 ¿ 9 How. P. R., 414. S34. Every office shall become vacant on the happening of ces become either of the following events before the expiration of the term vacant. Notice of of such office: 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. $35. Whenever any officer shall be convicted of an inconviction. famous 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. Duty of governor. Notice of vacancy. Governor's power of removal. Ib. [123] $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. $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, or of any other collector or receiver of public monies, appointed by the legislature, by the governor and senate, or by the governor, except those officers for whose removal 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. 1 R. L., 473, § 3. ART. 4. official $40. The governor may also declare vacant, the office of Breach of every officer required by law to execute an official bond, when- bond. ever a judgment shall be obtained against such officer for a breach of the condition of such bond. officers ap $41. All officers appointed by the governor with the consent Removal of of the senate, except the chancellor, the justices of the supreme pointed by court, and the circuit judges, may be removed by the senate, and senate. on the recommendation of the governor. Laws of 1823, 63, §§ 7 & 8; 243, § 1; 9 Pai., 509; 9 How. P. R., 414. governor appoint $42. The governor may supply all vacancies that may Temporary happen during the recess of the senate, in any office to which ments by an appointment shall have been made by the governor, with governor, 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 legislature, 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. sheriffs, $44. The governor may remove the sheriff, any coroner, or Removal of clerk of any county, or the register or clerk of the city and clerks, &c., county of New York, at any time within the term for which on charges. 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. 2 H., 98. attorney to to charges. $45. The governor may direct the district attorney of the District county in which such officer shall be, to conduct an enquiry enquire ininto the truth of 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. ings there. $46. The district attorney may issue process of subpoena Proceedin his own name, and with the like effect as in cases of com- upon. plaints 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 subpoenas by attachment, and to commit any person who shall refuse to be sworn or to answer, as the court of common pleas would have in a civil cause pending therein. $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 subpoena, which may be enforced in the [124] |