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and no appointment shall be made exceeding the limitation ;'

So many notaries public in each of the counties. of this state as the governor and senate may think proper to appoint, not exceeding, however, five hundred for the city and county of New York ;'

Fifteen commissioners of deeds for the county of Saratoga, six of whom must reside in the village of Saratoga Springs,' six in the village of Ballston Spa, and three in the village of Waterford,' three for the county of Steuben, one of whom must reside in the village of Bath, one in Corning, and one in Hornellsville.'

Such other officers as may be chosen to fill any ministerial or other office connected with the courts, which is created by or under authority of the general laws for the government of counties, cities towns and villages, or by special charters or statutes.

11 R. S., 307, §§ 3, 4.
* Id., 306.

Laws of 1859, ch. 485.
Laws of 1858, ch. 109, § 1.

Laws of 1859, p. 35.
Laws of 1859, p. 259.
Laws of 1857, 404, ch. 632.

Certain elective officers

Election in new counties.

Registers.

State reporter.

ARTICLE II.

MODE OF ELECTION AND APPOINTMENT.

SECTION 177. Certain elective offices.

178. Election for new counties.

179. Registers.

180. State reporter.

181. Clerks and criers.

182. Clerk of marine court.

183. Suspension or removal of marine court clerk.

184. Deputy and assistant clerks.

185. Other officers.

186. Notaries.

187. Commissioners of deeds.

188. Attorneys and counselors.

189. The attorney of the Seneca nation.

§ 177. Sheriffs, county clerks (including registers), coroners and district attorneys, and the clerk of the court of appeals, are elected in the mode prescribed by the Constitution.

Const., art. X, § 1; art. VI, § 19.

§178. The sheriffs, clerks and coroners first chosen in a new county shall be elected at the general election next succeeding the erection of the county, unless otherwise provided by law.

1 R. S., 321, § 67.

§ 179. The registers of the counties of Kings and Westchester are to be elected at the general election in the year 1860, and as often as necessary thereafter. The term of office is three years.

Laws of 1852, ch. 83; 1858, 293.

§ 180. The state reporter is appointed by the governor, lieutenant-governor and attorney-general, and holds his office three years from the date

of his appointment; but may be removed by the joint vote of both branches of the legislature.

1 R. S., 314, § 101.

criers.

§ 181. The clerk of the superior court of the Clerks and city of New York,' of the court of common pleas for the city and county of New York,' the superior court of the city of Buffalo,' and of the city court of Brooklyn,' criers of courts of record,' and clerks and assistants of surrogates, are appointed by their respective courts.

11 R. S., 318, § 42.

Ib., §48; Laws of 1854, ch.
198, § 1.

'Laws of 1854, ch. 96.

4

1 R. S., 318, § 47

By the Laws of 1855, ch. 530 (amended by Laws of 1856, ch. 166),
criers of courts of record in each county, except New York and
Kings, are appointed by the county judge. We have thought it
better to leave the appointment of these officers to the respective
courts.

§ 182. The clerk of the marine court of the city

Clerk of

New York marine

of New York is appointed by the supervisors, on court.
or before the 1st day of January, 1862, and every
fourth
year thereafter.

Laws of 1850, ch. 389, § 4.

or removal

court clerk.

§ 183. The justices of the marine court have Suspension power to suspend their clerk, for gross misconduct of marine in office, neglect of duty or incapacity to perform the same, and may designate a person to act as clerk meanwhile. The justices shall immediately present a statement of the causes of this action to the court of common pleas of the city and county of New York, which shall proceed thereupon in the manner provided in section 173. If an order

Deputy and

assistant clerks.

Other offcers.

No'aries.

Commis.

sioners of deeds.

Attorneys

and counselors.

The attor ney of the Seneca sation.

is made for the removal of the clerk, the marine court shall designate a person to act as clerk until the vacancy is filled.

Modified from 1 R. S., 319, § 56.

§ 184. Deputy clerks are appointed by their respective principals.

§ 185. All officers of courts, whose appointment is not otherwise provided for, shall be appointed by their respective courts.

1 R. S., 321, § 64.

§ 186. Notaries public are appointed by the governor with the consent of the senate, and hold their offices for two years.

1 R. S., 319, §§ 50, 51.

§ 187. Commissioners of deeds in cities are appointed by the common councils, in villages by the trustees thereof; and all vacancies are to be filled for the unexpired term in the same manner; but no supervisor can be appointed a commissioner of deeds.

1 R. S., 321, §§ 65, 66; Laws of 1857, ch. 632; Laws of 1858, ch. 109.

§ 188. The admission of attorneys and counselors is regulated by the CODE OF CIVIL PROCEDURE.

§ 189. The attorney of the Seneca nation of Indians is appointed by the governor with the consent of the senate. He holds his office for two years.

1 R. S., 326, §§ 20, 21.

CHAPTER VI.

GENERAL PROVISIONS RELATING TO DIFFERENT

ARTICLE

CLASSES OF OFFICERS.

I. Disqualifications.

II. Restrictions upon the residence of officers and the exercise

of their powers.

III. Appointment, and commencement and duration of terms.
IV. Nominations and commissions of officers.

V. The oath of office and official bond, and duty.

VI. Resignations, removals, vacancies, and the mode of sup-
plying them.

VII. Proceedings to compel the delivery of books and papers
by public officers.

ARTICLE I.

DISQUALIFICATIONS.

SECTION 190. Age and citizenship.

191. Members of common council disqualified.

192. Other disqualifications.

citizenship.

§ 190. No person is capable of holding a civil Age and office, who, at the time of his election or appoint

ment, is not of the age of twenty-one years, and a citizen of this state.

1 R. S., 327, § 1.

191. No person elected to the common coun- Members of

common council

cil of any city can, during the term for which he disqualified. was elected, be appointed to any office of profit in the gift of such common council; but this prohibition does not extend to officers whose

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