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TITLE 6.

Proceedings.

Vacancies in office of sheriff and clerk.

Books and papers to be

same manner, by the judge before whom the enquiry shall be conducted.

§ 48. At the time <and place specified in such notice, the county judge before whom the enquiry shall be conducted, shall proceed to take the testimony of the witnesses produced before him by the district attorney, or by the accused officer; the witnesses shall be sworn by such judge; every answer given by them to any question which either party shall require to be reduced to writing, shall be written; their testimony shall be read to and subscribed by them, and shall be certified by the judge taking the same, and delivered to the district attorney, to be by him transmitted to the governor.

§ 49. In every case where a vacancy shall occur in the office of sheriff or county clerk, including the clerk and register of the city and county of New-York, except where such vacancy shall arise from the death of the incumbent, the governor shall appoint some fit person who was eligible to the office to execute the duties thereof, until it shall be supplied by an election. The person so appointed, after taking the oath of office, and executing a bond, if one be required of the officer in whose place he shall be appointed, shall possess all the rights and powers, and be subject to all the duties and obligations, of the officer so removed.

6 H., 52.

ARTICLE FIFTH.

PROCEEDINGS TO COMPEL THE DELIVERY OF BOOKS AND PAPERS BT
PUBLIC OFFICERS TO THEIR SUCCESSORS.

Sec. 50. Persons going out of office, to deliver over books, &c, to successors.

51. On neglect so to do, successor may apply for an order to show cause.

52. Proceedings at the time appointed for showing cause.

53. If books, &c, are withheld, officer shall commit him to jail.

54. Officer may then also issue search warrant.

55. Proceedings on return of search warrant.

56. Upon the death of any officer, the like proceedings may be had.

§ 50. Whenever any person shall be removed from office, or

iefwered to the teim for Avhich he shall have been elected or appointed successors. SUiln expire, he shall, on demand, deliver over to his successor all the books and papers in his custody as such officer, or in Penalty. any way appertaining to his office. Every person violating this provision, shall be deemed guilty of a misdemeanor.

2 B., 520; 5 H. 61G; 9 How. P. P.., 414; 8 How. P. K., 369; 1 How. P. R., 124, 113, 282.

§ 51. If any person shall refuse or neglect to deliver over to his successor any books or papers, as required in the preceding section, such successor may make complaint thereof to the chancellor, any justice of the supreme court, any circuit judge of the circuit, or the first judge of the county, where the person so refusing shall reside; and if such officer be satisfied by the oath of the complainant, and such other testimony as shall be offered, that any such books or papers

Delivery, how enforced.

are withheld, he shall grant an order, directing the person so ART'5' refusing to show cause before him, witliln some short and reasonable time, why he should not be compelled to deliver the same.

11 How. P. R., 418.

5 52. At the time so appointed or at any other time to ProcetdwMch the matter may be adjourned, upon due proof being n°8' made of the service of the said order, such officer shall proceed to inquire into the circumstances. If the person charged with withholding such books or papers, shall make affidavit before such officer, that he has truly delivered over to his successor, all such books and papers in his custody or appertaining to his office, within liis knowledge, all further proceedings before such officer shall cease, and the person complained against shall be discharged.

5 53. If the person complained against shall not make such Sreon may oath, and it shall appear that any such books or papers are „itct°ra' withheld, the officer before whom such proceedings shall be had, shall by warrant commit the person so withholding, to the jail of the county, there to remain until he shall deliver such books and papers, or be otherwise discharged according to law.

§ 54. In the case stated in the last section, if required by **«*^,rthe complainant, such officer shall also issue his warrant iesned. directed to any sheriff or constable, commanding them, in the day time, to search such places as shall be designated in such warrant, for such books and papers as belonged to the officer so removed, or whose term of office expired, in Ms official capacity, and which appertained to such office, and seize and bring them before the officer issuing such warrant.

§ 55. Upon any books and papers being brought before ^et^re. such officer, by virtue of such warrant, he shall inquire and upon, examine whether the same appertain to the office, from which the person so refusing to deliver, was removed or of which the term expired, and he shall cause the same to be delivered to the complainant.

5 5G. If any person appointed or elected to any office, shall Books and die, or his office shall in any way become vacant, and any obRSnedow books or papers belonging or appertaining to such office, shall J^t°^ei come to the hands of any person, the successor to such office may, in like manner as herein before prescribed, demand such books or papers, from the person having the same in his I>ossession; and on the same being withheld, an order may be obtained, and the person charged, may in like manner, make [ia6] oath of the delivery of all such books and papers that ever came to his possession; and in case of omission to make such oath, and to deliver up the books and papers, so demanded, such person may be committed to jail, and a search warrant may be issued, and the property seized by virtue thereof, may be delivered to the complainant, as herein before prescribed.

24 B., 587-636; 5 Ab., 76, 185, 200, 302, 395; 14 How. P. R., 317, CHAP. VI.

Of Elections, other than for Militia and Town Officers.

(Took effect Jone 1,1828.)

[ Chapter VI, was repealed by Laws of 1842, ch. 130, and anew election law substituted. The new law is nowhere declared to be a part of the Revised Statutes, but by Laws of 1864, ch. 286, it is recognized as part of the Revised Statutes, and is therefore inserted here. ]

AN ACT respecting elections other than for Militia and Town Officers.*

Passed April 5, 1842.

The People of the state of New-York, represented in Senate and Assembly, do enact as follows:

Title 1. — Of the qualifications, disabilities and privileges, of electors.
Title 2. — Of general and special elections, the time and purpose of

holding them, and the persons by whom held.
Title 3. — Of the notices to be given.
Title 4. — Of the manner of conducting elections.
Title 5. — Of the final canvass, and the mode of declaring and certifying
the result.

Title 6. — Of the election of representatives in congress, electors of

president and vice-president, and senators in congress. Title 7. — Penalty for violating the provisions of this chapter, and for

misconduct at elections. Title 8. — Miscellaneous provisions.

TITLE I.

OF THE QUALIFICATIONS, DISABILITIES AND PEIVTLEGES OF

ELECTORS.

Site. 1 A 2, repealed.

3. Disqualification for crime.

4. Privileges of electors.
6. No courts to be held on election days.

Disabilities § 3. No person who shall have been convicted of an infamous crime, deemed by the laws of this state a felony, at any time previous to an election, shall be permitted to vote thereat, uuless he shall have been pardoned before or after his term of imprisonment has expired, and restored by pardon to all the rights of a citizen.

privileges. $ Whenever an election shall be held in any city or town, pursuant to this chapter, no declaration by which a suit shall be commenced, or any civil process, or proceeding in the nature of civil process, shall be served on any elector entitled to vote in such city or town, on the day on which such election shall be held.

Restric- § 5. No court shall be opened, or transact any business, in ,lon*- any city or town, on the day such election shall be held therein, unless it be for the purpose of receiving a verdict or

TITLE 1.

* As amended by Laws of 1847, ch. 240.

discharging a jury, and every adjournment of a court in such city or town, on the day next preceding the day any such election shall be held therein, shall always be to some other day than the day of such election, except such adjournment as may be made after a cause has been committed to a jury. But this section shall not prevent the exercise of the jurisdiction of any single magistrate, when it shall be necessary in criminal cases to preserve the peace, or to arrest offenders.

TITLE II.

OP GENERAL AND SPECIAL ELECTIONS; THE TIME AND PURPOSE
OF HOLDING THEM; AND THE PERSONS BY WHOM HELD.

Sac. 1. What are general elections.

2. Clerk, Ac, of New York to be then chosen.

3. What are special elections.

i t 5. Elections when and how long to be held.
6. Special elections in what cases.
J. Vacancies, when not filled.
8 k 9. Vacancies, how supplied.

10. Special elections how ordered.

11. Governor's proclamation.

12. Elections to be by districts.

$ 1. General elections are such as are held at the same time oen«TMi

v elections

in every county, for the election of all or of some of the following officers, namely: governor, lieutenant-governor, judges of the court of appeals, justices of the supreme court, clerk for the court of appeals, secretary of state, comptroller, state treasurer, attorney-general, state engineer and surveyor, canal commissioners, inspectors of state prisons, districtattorneys, county judges, senators, members of assembly, sheriffs, clerks of counties, coroners, representatives in congress, and electors of president and vice-president.

5 2. The register and clerk of the city and county of New- General York, shall also be chosen at a general election.

S 3. Special elections are such as are held only in a par- fg^jjj,, ticular district or county, at a time when no general election e° '' is held, for the choice of one or more of the officers proper to be chosen at a general election.

§ 4. General elections shall be held on the Tuesday succeed- when held, bg the first Monday of November, in every year; special elections at the times and places of which legal notice shall have been given; but no special election shall be held within forty days previously to a general election.

$ 5. General and special elections shall be held for one day Duration, only.

§ 6. Special elections shall be held in the following cases: fg^Jj^ l. When an officer other than a Governor, LieutenantGovernor and Elector of President and Vice-President, proper to be chosen at a general election, shall not have been chosen by reason of two or more candidates having received an equal number of votes for the same office;

Title 2. 2 ^rjien right of office of a person elected to the office of a representative in congress, senator, member of the assembly, sheriff, or clerk of any comity, or sheriff, clerk, or register of the city and county of New York, shall cease before commencement of the term of service for which such officer shall have been elected;

vacancies. 3. When a vacancy occurs in the office of any senator or member of assembly, after the last day of December in any year, and before the first day of March following;

ibid. 4. When in case of an extra session of the legislature, a

vacancy in the office of a member of assembly or senator shall occur between the lirst day of April and ten days before the time appointed for such extra session.

Vacancies. § 7. When a special election shall not have taken place, as required by law, the vacancy which ought to have been supplied by such election shall be supplied at the next general election.

ibid- § 8. All vacancies in any of the offices named in the first

and second sections of this title, except governor, lieutenant^ governor, electors of president and vice-president, senators and members of Assembly, shall be supplied at the general election next succeeding the happening thereof, ibid. § 9. If a vacancy proper to be supplied at a general election,

shall not have been supplied at a general election next succeeding the happening thereof, a special election to supply such vacancy shall then be held, special "§ 10. Special elections in the first case provided for in the Lew or-18' sixth section of this title, shall be ordered by the board of dcred. canvassers having the power to determine on the election of the officer omitted to be chosen; and in all other cases such election shall be ordered by the governor, who shall issue his proclamation therefor. Proclama- §11. Such proclamation shall specify the county or district in which such special election is to beheld; the cause of such election; the name of the officer in whose office the vacancy has occurred; the time when his term of office will expire; and the day on which such election is to be held, which shall not be less than twenty nor more than forty days from the date of the proclamation.

Elections, § 12. The elections in the several cities and towns shall be how hew. by election (listricts.

TITLE III.

OF THE MODE OP NOTIFYING GENERAL AND SPECIAL ELECTIONS.

Art. 1. — Of the notice to be given by the Secretary of State.
Art. 2. — Of the notices to be given by the county and State canvassers.
Art. 3. — Of the notices to be given to town officers; the formation of election
districts, and the appointment of inspectors of election thereof.

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