TITLE 1 A clerk in each of the cities of Hudson, Schenectady,' Buffalo,2 Clerks of Syracuse, Oswego, Auburn,5 Utica, Rochester, and Brooklyn.8 A marshal for each of the cities of Hudson, Schenectady," Troy, Auburn," Oswego,1 Utica, and Poughkeepsie.14 cities. Marshals. Justices, New York. 10 13 A justice in each of the seven judicial districts in the city of 19 Barb., 465 New York, to hold the justice's court in said district; one police justice in each of the said districts, and a clerk of each of the justice's and police courts.15 Ib. Ib., Albany. Ib., Hudson Ib., Troy. Ib., Buffalo. Ib., other cities. Ib., Brooklyn. Justices &c. Commis sioners of deeds. Ib., for city Three justices of the marine court for the city of New York, and a clerk of said court. Three justices of the peace of the justices' court of the city of Albany, and a clerk of said court, and two police justices in said city.16 Two justices of the justices' court of the city of Hudson, and one police justice in said city."7 Three justices of the justices' court of the city of Troy, and a clerk of said court.18 Eight justices of the peace in the city of Buffalo, and one police justice in said city.19 22 Four justices of the peace in each of the cities of Schenectady,* Utica and Williamsburgh; three justices of the peace in each of the cities of Rochester, Auburn and Syracuse,25 and two justices of the peace in the city of Oswego. 23 26 Three justices of the municipal court of the city of Brooklyn;" one police justice in each of the cities of Rochester, Syracuse and Utica. Four justices of the peace for each town in the state (except Hector, Hanover, Pomfret, Potsdam, Champlain, Ellisburgh,s Lenox, Niagara, Fort Ann, Harmony, and five in each of said towns, and eight in Brookhaven ;)3 So many commissioners to take the proofs and acknowledgment of deeds, and to perform certain other duties, to be denominated "commissioners of deeds," for each of the cities in this state, as the common councils of the several cities, except the city of New York, on or before the first day of January, in the year one thousand eight hundred and fifty-one, and at the end of every two years thereafter, by resolution of the board determine, to be appointed in and for said cities respectively 39 Three hundred commissioners of deeds for the city and county and county of New York ;40 of New York. Notaries in Not exceeding four hundred notaries public in the city of New New York. York ;41 Ib., in Troy. Twenty-five notaries public in the city of Troy. [1858, ch. 57, § 1.] 2 Laws of 1843, ch. 132. Laws of 1849, ch. 184. 10 Laws of 1848, ch. 113. 14 Laws of 1854, ch, 99. 4 Laws of 1848, ch. 116. 8 Laws 1850, ch. 144. 12 Laws 1848, ch. 116, 1 Laws of 1833, ch. 293. So many notaries public in each of the other cities of this state, TITLE 1. as shall from time to time be determined, in the manner herein- Notaries. after provided; 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; &c. And so many counselors, solicitors and attorneys, as shall from Counselors, time to time be licensed to practise by the several courts of law or equity in this state. 4. In the class of Administrative Officers. Three canal commissioners ;1 Three canal appraisers; and so many superintendents of canal Adminis. trative. Canal officers. Mayors, &c. A county treasurer for each county, except the city and county County of New York; treasurers. officers, Loan officers for the county of Putnam, whenever vacancies Loan shall occur in the office of any such officer; Two commissioners for loaning certain moneys of the United States in each county ;* Three inspectors of state prisons ;5 officers. To each of the state prisons an agent, a warden, keeper, a State prison clerk, a chaplain, a physician and surgeon, and so many keepers not exceeding the proportion of one to twenty convicts, as the inspectors may deem it expedient to employ; two instructors for each of the prisons at Sing Sing and Auburn, and one for the Clinton state prison, and an instructress for the female convict prison at Sing Sing; 6 A superintendent of the Onondaga Salt Springs;8 100! Vol. 1. master. Eleven harbor masters for the port of New York, nine of which Harbor shall reside in the city of New York, and two of said harbor masters shall reside in the city of Brooklyn.9 dens. Nine wardens of the port of New York, and two special war- Port wardens to reside at the quarantine ground.10 officers. A health officer, a resident physician, and a health commissioner, Health for the city and county of New York; A health officer of every city, incorporated village and town;" So many directors of incorporated banks as the state may be Bank authorized, by the acts of incorporation, to appoint; directors masters. Fifteen wreck-masters, in the county of Suffolk; twelve in the Wreck i county of Queens; three in the county of Kings; two in the county of Richmond, and two in the county of Westchester; 1 Const., art. v., §3. 2 Laws 1836, ch. 287. Laws 1851, ch. 164. By ch. 118, Laws 1832, the duties of loan officers" were charged upon "loan commissioners" in each county. By ch. 150 of 1837, the offices of commissioners for loaning money of the United States deposit still existing, was created. By ch. 337 of 1850, provision was made for the final settlement of the loans under charge of the "loan commissioners," and the abolition of the office. Const., art. v., § 4. Laws 1847, ch. 460, title II., § 40. Laws of 1849, ch. 141. By ch. 240 of Laws of 1854, the offices of agent and warden of Sing Sing and Auburn prisons abolished, and the office of "agent and warden" substituted in their place, also an officer styled "principal keeper" appointed for said prisons. By Laws of 1855, ch. 552, a storekeeper appointed for Sing Sing prison, also a principal keeper for Clinton prison when convicts exceed three hundred. The office of superintendent of salt springs at Montezuma, and of inspector of salt in the county of Onondaga, abolished by ch. 188 of 1846.* • Laws of 1850, ch. 72. 10 Laws 1857, ch. 405. 11 Laws 1850, ch. 324. TITLE 1. A superintendent of weights and measures for this state, a county Sealers of sealer of weights and measures of each county, and a town sealer of weights and measures of each town ;1 weights. Inspectors of turnpikes Superin tendents of Indians. Notaries in certain limited. 24 Wend, Not less than three, nor more than five commissioners to inspect turnpike roads, in each county in this state, in which there shall be a turnpike road whose act of incorporation contains no provision for the appointment of special inspectors of such road; An agent for the Onondaga tribe of Indians, five or more superintendents, and [one] superintendent of the Brothertown Indians. An attorney of the Seneca nation of Indians ;* And a receiver of the profits of the state pier at Sag Harbor. $2. The common council of each of the cities in this state, cities, how except the city of New York, on or before the first day of January in the year one thousand eight hundred and thirty, and once at the end of every two years thereafter, shall, by resolution of the board, determine and limit the number of notaries public to be next appointed in and for their respective cities. [As amended by ch. 161 of 1848.]5 409. Ib. Ib. [101] Vol. 1. Commis sioners of deeds in cities. Offices, when vacated. When no new appointment S3. A copy of each determination to be made by the common council of any city, under the corporate seal, and attested by the mayor of the city, shall be transmitted to the governor within twenty days after the same shall have been made. S4. No nomination or appointment shall be made by the governor to any of the offices so limited, as stated in the preceding sections, unless in conformity to the limitation. *S 5. The common council of the several cities of this state, except the city of New York, shall, on or before the first day of January, in the year one thousand eight hundred and fifty-one, and at the end of every two years thereafter, by resolution of the board, determine and limit the number of commissioners of deeds to be appointed in and for said cities respectively. [1848, ch. 161, § 31.] $6. [Sec. 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. $7. [Sec. 8.] 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 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. County $8. [Sec. 10.] Judges of county courts, and recorders of cities judges and must reside within the county or city for which they shall be respectively appointed. recorders. 1 Laws 1851, ch. 134. 2 This office existed at the adoption of the R. S., was abrogated by ch. 234, of 1841, and re-established by ch. 228 of 1843. By ch. 376 of 1851, his salary is fixed at $100. Laws 1841, ch 234. * Laws 1845, ch. 150. By ch. 57 of Laws of 1858, the number of Notaries Public in the city of Troy is fixed at twenty-five. S9. [Sec. 11.] Surrogates, commissioners of deeds, and justices TITLE 2. in cities, are local officers; and each officer shall be confined, in Surrogates, the execution of his duties, to the district or county for which he shall be appointed. &c. [102] Vol. 1.. S 10. [Sec. 12.] Justices of the peace must reside in the town for which they were chosen, and shall not try a civil cause in Justices. any 9 Wend.,. other town, except in cases otherwise provided for by law. 319. sioners of 11. [Sec. 13.] Commissioners of deeds must reside within the Commis respective towns for which they shall be chosen or appointed, but deeds. may execute the duties of their office at any place within the county. $ 12. [Sec. 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. Notaries. $ 13. [Sec. 15.] The following officers, namely: sheriffs, clerks Sheriffs, &c. of counties, coroners, district attorneys, 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, 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. trative offi. $14. [Sec. 16.] Every officer included in the class of adminis- Adminis trative 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. Members of the legislature ineligible to certain civil appointments. 4. Persons holding office under United States, ineligible to seat in legislature. If members of legislature accept office under United States, their seats vacated. 5. Members of legislature not to be appointed to certain offices by the governor. 6. When senate to choose a temporary president. 7. When president of the senate to act as governor. &c., term of office. 1. Senators and members of assembly are chosen by the peo- Senators, ple; senators for [two] years, members of Assembly annually.2 $2. Senators are chosen by [senate] districts [each of which shall choose one senator;] members of assembly by [assembly districts.]3 [103] Vol. 1. Ineligible to certain offi. ces. officers. S3. [Sec. 4.] No member of the legislature can receive any civil appointment from the governor and senate, or from the legislature during the term for which he shall have been elected.* $4. [Sec. 5.] No person, being a member of congress, or hold- U. States ing any judicial or military office under the United States, can 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. 1 Section 5 and 6 R. S. provide for the appointment of commissioners of deeds in towns. The office in towns was abolished by ch. 238 of Laws of 1840, and justices of the peace invested with its powers. $9, R. S., related to the offices of circuit judge, supreme court commissioner and examiner and master in chancery, each of which offices were abolished by the constitution of 1846. 2 As modified by the const., art. iii., § 2. As modified by const., art.iii., §§ 3 and 5. Const., art. iii., §7.. Const., art. iii., § 8. TITLE 3. eligibility to office. $5. [Sec. 7.] No person elected to either branch of the legislaFurther in- ture, shall be appointed by the governor to any office, during the 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.'] president of when to be Temporary § 6. [Sec. 8.] Whenever the lieutenant-governor shall act as govthe senate, ernor, or shall not attend the senate, that house shall choose a chosen. temporary president from its own body, to serve until the lieutenant-governor shall return to preside therein.2 When to act as gov ernor. [104] Vol. 1. Governor 7. [Sec. 9.] If during a vacancy of the office of governor, the lieutenant-governor shall be impeached, displaced, resign, 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.3 TITLE III. Of Executive Officers. SEC. 1. Governor and lieutenant-governor when to be chosen. 2. Proceedings when two or more candidates receive an equal number of votes for governor. 3. The like us to candidates for lieutenant-governor. 4. Qualifications required for governor. 5. Secretary of state, comptroller, attorney-general, treasurer, state engineer and surveyor, 6. Governor's private secretary and door-keeper of executive chamber, how appointed. 1. A governor and lieutenant-governor shall be chosen at each and lieuten biennial general election, from and after the general election in November, one thousand eight hundred and twenty-two.* ant-gov. ernor. Equality of votes for governor. The like for lieutenantgovernor. Qualifications of governor. § 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.5 § 3. In case two or more persons shall receive an equal and 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 lieutenant-governor.5 4. No person is eligible to the office of governor, unless he shall be, 1. A citizen of the United States; 2. Thirty years of age; 3. And shall have been five years [next preceding his election a] resident within this state. $5. The secretary of state, comptroller, treasurer, attorneygeneral and state engineer and surveyor shall be chosen at a general election and shall hold their offices two years." $3, R. S., By const., art. iii.. § 7, the part within brackets is abrogated. 2 Const., art. iv., § 7. • Id., art. iv., §3. Id., Ib., § 2. §§ 5 to 11, abrogated by the const. This section taken from §§ 1 and 2 of art. v. 6 |