TITLE 3. Temporary the senate S8. Whenever the lieutenant-governor shall act as goverpresident of nor, or shall not attend the senate, that house shall choose when to be a temporary president from its own body, to serve until the lieutenant-governor shall return to preside therein. chosen. When to act $9. If during a vacancy of the office of governor, the as governor. lieutenant-governor shall be impeached, displaced, resign, [104] Governor and lieutenant-governor. Equality of votes for governor. The like for governor. die, or be absent from the state, the president of the senate, so chosen, shall act as governor, until the vacancy shall be filled, or the disability shall cease; and the senate shall choose from its own body, another person to preside therein. TITLE III. OF EXECUTIVE OFFICERS. SEC. 1. Governor and lieutenant-governor, when to be chosen. 2. When candidates receive an equal number of votes for governor. 3. The like as to candidates for lieutenant-governor. 4. Qualifications required for governor. 5, 6. Certain state officers, how and when appointed. 7. Tenure of their offices. 8. Treasurer, how and when appointed. 9. Nominations of state officers, when to be made. 10. Proceedings thereupon in case the nominations agree. 11. Proceedings in case they disagree. 12. State printer, how appointed, and tenure of his office. 13. Private secretary and door-keeper of executive chamber, how appointed. $ 1. A governor and lieutenant-governor shall be chosen at each biennial general election, from and after the general election in November, one thousand eight hundred and twenty-two. $ 2. In case two or more persons receive an equal and the highest number of votes for governor, at any election, it shall be the duty of the board of state canvassers to lay before the legislature, on the first day of its next session after such election, a certified statement of the votes canvassed by them; and the two houses shall immediately proceed to choose, by joint ballot, one of those persons having such equal number of votes, to be governor. $ 3. In case two or more persons shall receive an equal and lieutenant the highest number of votes for lieutenant-governor, a statement of the canvass of such votes shall in like manner be laid before the legislature; and the two houses shall proceed in the same manner to choose by joint ballot, one of those persons having such equal number of votes, to be lieutenantgovernor. Qualifications of governor. $ 4. No person is eligible to the office of governor, unless he shall be, 1. A native citizen of the United States; 2. A freeholder; 3. Thirty years of age; 4. And shall have been five years a resident within this state, unless he shall have been absent during that time, on public business of the United States or of this state. TITLE 3. cers, how $5. The secretary of state, the comptroller, the attorney- State offlgeneral, and the surveyor-general, are appointed by the legis- appointed. lature, as follows: The senate and assembly each openly nominate one person for each of those offices respectively, or for such of them as are then to be filled; after which, they meet together; if the nominations are found to agree, the person nominated is declared to be appointed; if the nominations do not agree, the appointment is then made by the joint ballot of the senators and members of assembly. 36. Such appointment shall be made once in every three And when. years, from and after the first Monday of February, in the year one thousand eight hundred and twenty-three; or as [105] often as vacancies shall occur. their offices. 37. The persons so appointed, hold their offices for three Tenure of years, unless sooner removed by a concurrent resolution of the senate and assembly. d $8. The treasurer is appointed by the legislature in the Treasurer. same manner, and such appointment is made annually. tions of $9. The senate and assembly shall proceed to nominate Nominaeach of the several state officers above named, on the first state offMonday of February in each year, during which his term of office shall expire. If an appointment shall be necessary to supply an existing vacancy, they shall fix, by concurrent resolution, the day on which they will proceed to nominate for such appointment. ings in case $10. If, on the comparison of such nominations they be Proceedfound to agree, the president of the senate shall declare such they agree. agreement, and that the persons so nominated are chosen. Copies of the resolutions of the two houses by which such nominations were made, shall be certified by the respective presiding officers thereof, and attested by their clerks; which shall be delivered to the person appointed, and shall be evidence of his appointment. disagree. $11. If the nominations disagree, and the officer be chosen In case they by a joint ballot, the result of such ballot shall be certified by the presiding officers of the two houses, and attested by the clerks thereof; which certificate shall be delivered to the person so chosen, and shall be evidence of his appointment. $12. The state printer shall be appointed by law, and shall State hold his office during the pleasure of the legislature. printer. private $13. The private secretary of the governor, and the door- Governor's keeper of the executive chamber, shall be appointed by the secretary, governor, and hold their respective offices during his pleasure. &c. TITLE 4. [106] Chancellor, &c., how appointed. Tenure of certain offices. Y Can hold no other office. Judges of county TITLE IV. OF JUDICIAL OFFICERS. Of judicial officers appointed by the governor and senate. Of judicial officers appointed by courts of justice. ART. 3. Of judicial officers appointed by the local authorities of a county or city. ARTICLE FIRST. OF JUDICIAL OFFICERS APPOINTED BY THE GOVERNOR AND SENATE. SEC. 1. Chancellor, judges, &c., how appointed. 2. Tenure of offices of chancellor, justices of the supreme court and circuit judges. 3. Chancellor, justices of the supreme court, and circuit judges can hold no other office. 4. Judges of county courts, &c., hold for five years, subject to removal. 5. If office of first judge be vacant, governor to designate a successor. 6. Tenure of office of masters and examiners in chancery. 7. Masters in chancery required to be counsellors or solicitors. 8. Masters and examiners prohibited from acting in certain cases. 9. Surrogates, &c., how appointed. 10. Tenure of their offices. 11. Supreme court commissioners required to be counsellors at law. $1. The chancellor, the justices of the supreme court, and the circuit judges, the judges of county courts, the recorders of cities, and masters and examiners in chancery, are nominated by the governor, and appointed by him, with the consent of the senate. The chief justice and associate judges of the superior court of law, in and for the city and county of NewYork, shall be nominated and appointed in the same manner. Laws of 1828, chap. 137, § 2; Ib., chap. 321, § 1. S2. The chancellor, the justices of the supreme court and the circuit judges, hold their offices during good behaviour, or until they respectively attain the age of sixty years; but may be removed by a joint resolution of the two houses of the legislature, if such resolution be concurred in by two-thirds of all the members elected to the assembly, and a majority of all the members elected to the senate. S3. Neither the chancellor, nor a justice of the supreme court, nor a circuit judge, can hold any other office or public trust; and all votes given to either of them, for any elective office, either by the legislature or the people, during his continuance in his judicial office, are void. S 4. Judges of county courts, recorders of cities, the first Courts, &c. judge of the court of common pleas in the city and county of New-York, the chief justice and associate judges of the superior court of law in and for the said city and county, hold their offices for five years; but may be removed by the senate, on the recommendation of the governor, for causes to be stated in such recommendation. Laws of 1828, chap. 321. ART. 2. 5. If the office of first judge in any county shall become Vacancy in vacant, the governor, in his nomination to the senate, of a office of first judge. person to supply such vacancy, shall designate him as first judge of such county. examiners $6. Masters and examiners in chancery hold their offices Masters and for three years; but may be sooner removed by the senate, on in chancery. the recommendation of the governor. tion of mas 37. No person shall be appointed a master in chancery, who qualificashall not be, at the time of such appointment, of the degree ters in of counsellor of the supreme court, or of solicitor or counsellor chancery. in the court of chancery. certain 58. No master or examiner in chancery shall act as such, [107] either in the court of chancery, or in any of the equity courts examiners of this state, in any cause or matter in which he shall be not to act in solicitor or counsel, or which shall be prosecuted, defended, or cases. in any manner managed or directed, by any solicitor or counsellor, with whom such master or examiner shall be directly or indirectly connected in business. Laws of 1824, p. 38, § 2. &c., how $9. Surrogates; supreme court commissioners; commis- Surrogates, sioners of deeds within the city and county of New-York, and appointed. in the several cities of this state; notaries public; justices of the marine court in the city of New-York; justices of the justices' court in the cities of Albany and Hudson, and all other justices in cities, except those of whom the constitution directs the mode of appointment, shall be nominated by the governor, and appointed by him, with the consent of the senate. Laws of 1823, p. 62, § 7 & 8; Ib., p. 243, § 1. their offices $10. The justices of the marine court in the city of New- Tenure of York, shall hold their offices for five years; all the justices mentioned in the preceding section, and surrogates, shall hold their offices for four years; the other officers named in the preceding section, shall hold their offices for two years. Laws of 1823, p. 62, § 7 & 8; Ib., p. 243, § 1. court com $11. No person shall be appointed a supreme court com- Supreme missioner, unless he be at the time a counsellor at law of the missioner. supreme court. Hudson and $12. The marshal of the city of Hudson, and the marshal Marshals of of the city of Tory, shall be appointed by the governor, with Troy. the consent of the senate, and shall hold their offices respectively for three years. Laws of 1824, p. 315, §1, as to Troy. ARTICLE SECOND. OF JUDICIAL OFFICERS APPOINTED BY COURTS OF JUSTICE. SEC. 13. Clerk of oyer and terminer in New-York, how appointed and tenure of his office. 14. Other clerks of courts how appointed. 15. District attornies how appointed. Must be counsellors. TITLE 4. Clerk of oyer and SEC. 16. Tenure of office of clerks and district attornies. 17. Registers in chancery how appointed; tenure of their offices. 19. Must be counsellors of five years' standing. 20. Counsellors, solicitors and attornies how appointed. 21. Supreme court and chancellor to prescribe rules as to counsellors, &c. 22. Solicitors and counsellors in chancery, may practise in all the courts of equity. 23. Counsellors, &c., may be removed or suspended; tenure of their offices. 24. Causes of removal. 25. Effect of removal. 26. Clerks and registers prohibited from practising as counsellors, &c. 27. Sheriffs and coroners also prohibited. 28. Other officers of courts how appointed. S 13. The clerk of the court of oyer and terminer and terminer in general sessions of the peace in the city and county of NewNew-York. York, is appointed by, and holds his office during the pleasure of, the court of general sessions of the peace in that city. [108] Other clerks of courts. District attornies, how appointed. Clerks and district at $14. Clerks of courts, except those whose appointment is otherwise provided for, are appointed by the courts of which they respectively are clerks. The clerk of the mayor's court of the city of Hudson, shall, by virtue of his office, be clerk of said city. S 15. District attornies are appointed by the judges of the county courts of the respective counties. No person shall be appointed a district attorney, unless he be at the time a counsellor at law of the supreme court; but if there be no such counsellor residing in the county, or none willing to accept the office, an attorney at law may be appointed. Laws of 1818, p. 306, § 4; 1824, p. 314, § 2. $ 16. Such clerks appointed by courts, and district attornies, tornies, hold their offices for three years, but may be sooner removed their offices by the court appointing them. tenure of S17. The register and assistant-register in chancery, are appointed by the chancellor, and hold their offices during his pleasure. $18. The state reporter shall be appointed by the lieutenantgovernor, the chancellor and chief justice, and hold his office during their pleasure. The reporter in chancery shall be appointed by, and hold his office during the pleasure of, the chancellor. Laws of 1823, p. 208, § 3; 1825, p. 385. $ 19. No person shall be appointed a reporter, who shall not be, at the time of his appointment, a counsellor at law or in chancery, of at least five years' standing. $20. Counsellors, solicitors and attornies, shall be appointed and licensed to practise by the several courts of law and equity in which they intend to practise. Their licenses shall be signed by the chancellor, chief justice or presiding judge of the courts by which they shall respectively be appointed. Laws of 1823, p. 215, § 19. |