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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;

TITLE 1.

lors, &c.

And so many counsellors, solicitors and attornies, as shall Counselfrom 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,

trative.

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

officers.

Two canal appraisers, and so many superintendents of canal 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;

Mayors, &c.

treasurers.

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

cers.

Loan-officers under the act of the fourteenth of April, one Loan offthousand 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;

Prison in

spectors.

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

masters,

A superintendent of the salt springs at Montezuma ; Three harbour-masters of the port of New-York, and so Harbor many wardens and branch pilots for the same port, as the &c. governor and senate shall think proper to appoint;

eers.

Not more than fifty-four auctioneers for the city and county Auctionof 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;

of flour.

An inspector of flour and meal for each of the cities of [99] Albany and New York, and one or more such inspectors in Inspectors every other city or county, where they shall be deemed necessary by the appointing power;

of beef, &c.

An inspector of beef in the city of New York, to inspect Inspectors and put up 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;

of ashes.

One inspector of pot and pearl ashes for the city and Inspectors county of New-York, and not more than two such inspectors

TITLE 1.

Inspectors

in every other county where they shall be deemed necessary by the appointing power;

Not less than seven, nor more than ten inspectors of lumber of lumber. for the 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;

Inspectors of staves

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

Cullers of

do.

Inspectors

of soleleather.

Inspector of flaxseed.

[100] Inspectors of tobacco.

Inspectors of fish.

Inspectors of oil.

Not less than eight, nor more than ten cullers of staves and heading, 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;

Five inspectors of sole-leather for the city and county of New 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 Sagg-Harbour, 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 NewYork;

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

Laws of 1828, chap. 274, April 19, 1828.

Four inspectors of fish for the city of New York; one for the county of Jefferson; one for each of the towns of Richland, and Orwell, in the county of Oswego; and one or more in the other counties of the state, as may be deemed necessary by the appointing power;

An inspector of fish or liver oil, for each of the cities of New-York, Albany and Troy;

TITLE 1.

An inspector of distilled spirits, for the city of New-York; Inspectors and one for each other county of the state, where such an o. spirits. appointment shall be deemed necessary by the appointing

power;

of hops.

An inspector of hops for each of the cities of New-York, Inspectors Albany and Troy; and for each of the villages of Utica, Oswego, Buffalo, Ithaca and Whitehall;

One weigher at the quarantine ground, on Staten Island; Weigher A health officer, a resident physician, and a health com- Health offimissioner, for the city and county of New-York;

A health officer for the city of Albany, and one for the city

of Hudson;

cers.

tors.

So many directors of incorporated banks as the state may Bank direc be authorized, by the acts of incorporation, to appoint;

ters.

Fifteen wreck-masters, in the county of Suffolk; twelve in Wreck masthe county of Queens; three in the county of Kings; two in the county of Richmond, and two in the county of Westchester;

scalers.

A county sealer for each county; and the sealers for the County counties of Albany and Oneida, shall be deemed assistant state sealers;

of turn

Not less than three, nor more than five commissioners to Inspectors inspect turnpike roads, in each county in this state, in which pikes. there shall be a turnpike road whose act of incorporation contains no provision for the appointment of special inspectors of such road;

cers.

An agent for the Onondaga tribe of Indians, five or more Indian offsuperintendents; and not less than three, nor more than five superintendents of the Brothertown Indians; An attorney for the Oneida Indians;

And a receiver of the profits of the state pier at Sagg- Receiver at Harbour.

Compiled from the constitution of 1821, and from the statutes in force in
September, 1827, except where otherwise specially noted; 24 W., 409.

Sagg-Harbour.

sioners of

notaries in

cities how

$2. The common council of each of the cities in this state, Commisexcept the city of New-York, on or before the first day of deeds and January in the year one thousand eight hundred and thirty, certain and once at the end of every two years thereafter, shall, by limited. resolution of the board, determine and limit the number of commissioners of deeds and notaries public to be next appointed in and for their respective cities.

§3. A copy of each determination to be made by the common council of any city, under the corporate seal, and Ib. attested by the mayor of the city, shall be transmitted to the governor within twenty days after the same shall have

been made.

[101]

$4. No nomination or appointment shall be made by the I. governor to any of the offices so limited, as stated in the preceding sections, unless in conformity to the limitation. $5. The judges of the county court in each county, shall, Commisat each county court, next preceding the annual meeting of

sioners of

TITLE 1. deeds in towns.

Ib.

Offices

when va cated.

When no new appointment

the judges and supervisors for the purpose of appointing commissioners of deeds, determine by rule of court the number of commissioners of deeds in each town of the county, for the year next ensuing such annual meeting.

$ 6. At such annual meeting, no increase shall be made in the number of such commissioners in any town, unless in conformity to such previous determination of the judges.

$ 7. No limitation contained in this chapter, or to be made in the mode herein prescribed, of the number of persons to be appointed to any office, shall be construed to vacate the office of any persons now being, or who shall then be in office; except commissioners of deeds and notaries public in cities, whose offices shall be vacated on the first day of January, one thousand eight hundred and thirty.

S8. If, at the expiration of the term of office of any one or more persons holding any of the offices so limited or to be to be made. limited, the number of persons holding the same office shall

Circuit

how far

exceed the limitation then in force, no nomination or appointment of any one or more persons shall be made to such office for the district, county or place to which the limitation applies, until the number of persons holding the same shall be so reduced, as not to exceed the limitation then in force.

$9. The offices of circuit judge, supreme court commisjudges, &c., sioner, and of master and examiner in chancery, shall so far be deemed local, as to require the residence of each judge, master and examiner, within the circuit, district, county or place, for which he shall be appointed.

local officers.

County

S 10. Judges of county courts, and recorders of cities, must judges and reside within the county or city for which they shall be respectively appointed.

recorders.

&c.

Surrogates, S 11. Surrogates, supreme court commissioners, commissioners of deeds, and justices in cities, are local officers; and each officer shall be confined, in the execution of his duties, to the district or county for which he shall be appointed.

[102] Justices.

Commis

sioners of deeds.

Notaries.

Sheriffs, &c.

$12. Justices of the peace must reside in the town for which they were chosen; and shall not try a civil cause in any other town, except in cases otherwise provided for by law.

21 W., 563; 9 W., 322.

S13. Commissioners of deeds must reside within the respective towns for which they shall be chosen or appointed, but may execute the duties of their office at any place within the county.

$ 14. Notaries public must reside in the respective cities or counties for which they shall be appointed, but may execute the duties of their office at any place within the state.

S15. The following officers, namely: sheriffs, clerks of counties, coroners, district attornies, marshals of cities, the clerk of the court of oyer and terminer and general sessions in New York, the register and clerk of that city, police justices and assistant justices in that city, and their clerks,

TITLE 2.

are so far local, as to require the residence of every person holding such office, within the county or city, in which the duties of his office are required by law to be executed. $16. Every officer included in the class of administrative Adminis officers, shall be confined in the execution of his duties, to cers. the district, county, city, town, or village for which he shall be appointed, except where otherwise provided for by law.

TITLE II.

OF LEGISLATIVE OFFICERS.

SEC. 1. Senators and members of assembly for what term chosen.

2. How chosen.

3. Qualifications of senators: proceedings to ascertain their terms of service.

4. Members of the legislature ineligible to certain civil appointments.

5. Persons holding offices under United States, ineligible to seat in legislature. 6. (Repealed)

1. Members of legislature not to be appointed to certain offices by the governor.

8. When senate to choose a temporary president.

9. When president of the senate to act as governor.

trative offi

&c., term of

$1. Senators and members of assembly are chosen by Senators, the people; senators for four years, members of assembly office. annually.

$2. Senators are chosen by districts; members of assem- How chosen bly by counties. One senator must be chosen annually in each senate district, and at least one member of the assembly in each county of the state, separately organized.

tions of

senators,

[103]

$3. Senators must be freeholders; and whenever two or Qualifica more senators shall be chosen at any election, one or more of whom shall be chosen to supply a vacancy, and one for the &c. regular term, it shall be determined by lot, in such manner as the senate shall direct, which of them shall be considered as elected for the longest term, without regarding any designation upon the ballots given for the persons so chosen. $4. No member of the legislature can receive any civil Ineligible appointment from the governor and senate, or from the offices. legislature, during the term for which he shall have been elected.

to certain

States offi

$5. No person, being a member of congress, or holding United any judicial or military office under the United States, can cers. hold a seat in the legislature. If any person shall, while a member of the legislature, be elected to congress, or be appointed to any office civil or military under the government of the United States, his acceptance thereof shall vacate his seat in the legislature.

Section 6 repealed by Laws of 1851, ch. 34.

ineligibili

$7. No person elected to either branch of the legislature, Further, shall be appointed by the governor to any office, during the ty to office. term for which such person shall have been elected; but this prohibition shall not extend to those officers whose appointment is, by the constitution, vested in the governor.

Laws of 1823, p. 244..

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