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Resignations, to

whom made.

Governor's power of removal.

§ 224. Resignations must be in writing, and made as follows:

1. By the governor, lieutenant-governor, secretary of state, comptroller, treasurer, attorney-general and superintendent of public instruction, 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 registers, to the governor;

5. By justices of the peace, to the supervisor of the town;

6. By all other appointed officers, to the body or officer that appointed them;

7. In all cases not otherwise provided for, by filing the resignation in the office of the secretary

of state.

1 R. S., 332, §§ 36, 37.

§ 225. All officers, other than judges of courts of record, appointed by the governor alone for a certain time, or to supply a vacancy, may be removed by him.

1 R. S., 333, § 42.

power of removal.

§ 226. The office of any collector or receiver of Governor's public monies, appointed by the legislature, by the governor, or by the governor and senate, except of those officers for whose removal provision is otherwise made, may be declared vacant by the governor, in case it appears to him, on the report of the comptroller, that such officer has, in any particular, willfully violated his duty.

1 R. S., 333, § 43.

official bond

§ 227. The governor may also declare vacant the Breach of office of any officer required to execute an official bond, whenever a judgment is obtained against him on the bond.

Ib., § 44.

of treasurer and remov

of al of judges

§ 228. The case in which the treasurer may be Suspension suspended, and the mode of removing judges courts of record, is prescribed by the Constitution. Special county judges and special surrogates may be removed in the same mode.

Const., art. V, §7; art. VI, § 11; 1 R. S., 314, § 18.

$229. All officers appointed by the governor, Suspension with the consent of the senate, may be suspended

by the governor, and removed by the senate on

the recommendation of the governor.

Modified from 1 R. S., 333, § 46; 567, § 15; Laws of 1859,
ch. 311, § 2.

by governor and senate's power of removal.

Removal of

§ 230. The governor may remove any sheriff, ertain commissioner of police of the metropolitan police

other oflicers for cause.

District

attorney to inquire into

district, coroner, district attorney, county clerk or register, first giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense.

1 R. S., 333, § 49.

§ 231. The governor may, in his discretion, charges. direct the district attorney of the county to conduct an inquiry into the truth of the charges, who in that case 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 the county judge. The examination shall proceed with all reasonable dispatch; and may be adjourned from day to day; witnesses may be compelled by the judge to attend and testify; and the testimony shall be certified by the judge and transmitted by the district attorney to the gov

Vacancies, how occur

ring.

ernor.

1 R. S., 331, §§ 50, 53.

$232. Any office becomes vacant on the happening of either of the following events before the expiration of the term:

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 was chosen, or within which the duties of his office are required to be discharged;

5. His conviction of an infamous crime, or of any offense involving a violation of his oath of office;

6. His refusal or neglect to file his oath or bond within the time prescribed;

7. The decision of a competent tribunal, declaring void his election or appointment; '

8. Any one of the commissioners of police of the metropolitan police district who accepts any other place of public trust or emolument, or who receives any nomination for any elective public office, and does not, within ten days, publicly decline it, thereby vacates his office."

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any

2 Laws of 1857, ch. 569, § 2.

§ 233. Whenever infamous crime, or of an offense involving a violation of his oath of office, and whenever any election or appointment is declared void by a competent tribunal, the court shall immediately give notice thereof to the governor, stating the cause of such conviction or decision.

officer is convicted of an Notice of

1 R. S., 333, § 39.

conviction.

governor.

§ 234. The governor shall immediately supply Duty of vacancy if he has the power to do so, or give

the

Temporary appointments by the gover

nor.

Temporary
appoint-
ments
by the
governor.

Power of

governor to fill vacan

cies.

notice of the vacancy to the body or officer in whom the appointment is vested, or whose duty it is to order or give notice of an election to supply the vacancy.

1 R. S., 333, $40.

§ 235. The governor may supply vacancies, happening during the recess of the senate, in any office to which an appointment was made by the governor with the consent of the senate, by granting commissions, which shall expire at the end of twenty days from the commencement of the next meeting of the senate.

Ib., § 47.

§ 236. Whenever a vacancy occurs, 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 is regularly supplied.

Ib., § 48.

§ 237. Whenever a vacancy occurs in the office of sheriff, county clerk or register, the governor shall appoint some fit person who was eligible to the office to execute the duties thereof, until it is supplied by an election, and the appointee shall execute the duties of the office until the first of January succeeding the general election next after the happening of the vacancy.

1 R. S., 334, §§ 54, 55, 57.

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