SECTION 115. Functus officio.-Where the inspec and signed the statement required by this section, th been fully discharged and they become functus officio, cannot get together and assume to act as a board two have completed their work and make the indorsement lots and affix them to the statement. Matter of Kline There is no reason for applying the doctrine fun case where the inspectors have not complied with their of making a correct canvass and true return, especi ballots are required by law to be preserved and the tinue in office. Matter of Election, etc., 18 Misc. 391 Myers' automatic ballot machine. SECTIONS duty imposed by sections 3, 11 of Myers' Automatic 1 Law (ch. 764 of 1896), upon the chairman of a board an election, in a city which has adopted the automatic to set "each dial in every labelled counter at nine," is terial, and the manner in which such duty is exercise viewed by certiorari. Matter of Many, 10 A. D. 451. Additional Provisions of Law Applicable to Elections. Qualifications for holding office.-No person shall be capable of holding a civil office who shall not, at the time he shall be chosen thereto, be of full age, a citizen of the United States, a resident of the state, and if it be a local office, a resident of the political subdivision or municipal corporation of the state for which he shall be chosen, or within which the electors electing him reside, or within which his official functions are required to be exercised. Public Officers' Law, chap. 681, Laws 1892.] [§ 3 of Eligibility of town inspectors. Every elector of the town shall be eligible to any town office, except inspectors of election shall also be able to read or write. [Part of § 50 of Town Law, chap. 569, of 1890.] 19. Inspectors for towns.-The presiding officer of each annual town meeting shall, immediately after the votes are canvassed, appoint by writing, two additional inspectors of election for each election district, to be associated with the two inspectors who shall have been elected, and which inspectors, so to be appointed, shall be those two persons in each election district who shall have received the highest number of votes next to the two persons who shall have been elected inspectors, and which inspectors, so to be appointed, shall belong to and be of the same political faith and opinion on state and national issues as one or the other of the two political parties which, at the last preceding general election for state officers, shall have cast the greatest and next to the greatest number of votes in said town, but they shall not belong to the same political party nor be of the same political faith and opinion on state and national issues as the inspectors who shall have been elected. If the two inspectors elected belong to different political parties, the inspectors appointed shall be the two candidates for inspectors not elected and receiving the highest and next to the highest number of votes respectively, and belonging to different political parties. No ballot shall be counted upon which more than two names for inspector for any one election district shall appear. The various election inspectors elected, or elected and appointed, for towns, under the provision of existing laws, shall continue to serve as such inspectors until January first, eighteen hundred and ninety-five. On or before the second Tuesday in September next the several election inspectors in the various towns, appointed under the provisions of existing laws, shall each appoint one additional election inspector, who shall serve with the other three election inspectors during their term of office; such appointment shall be made in writing and filed in the office of the town clerk. Such additional inspector shall belong to and be of the same political faith on state and national issues as the political party which at the last preceding town meeting shall have cast next to the highest number of votes, and when possible shall be one of the persons who, at the said town meeting, received next to the highest number of votes for election inspector. The additional inspector so appointed shall be subject to the provisions of existing laws, and of this act. Am'd by chap. 348 of 1894. To take effect July 1, 1894. It repeals all acts and parts of acts inconsistent therewith. * Election of town inspectors.-There shall be elected at the annual town meeting in each town, by ballot, ** two inspectors of election for each election district; * * All such officers, except justices of the peace, shall hold their respective offices until others are elected in their place and have qualified. [Part of § 12 of Town Law, chap. 569 of 1890, as am'd by chap. 344 of 1893.] Term of office of town inspectors.-Inspectors of election, * * * when elected, shall hold their respective offices for one year, * * * But whenever there is or shall be a change in the time of holding town meetings in any town, persons elected to such offices at the next annual town meeting after such change shall take effect, shall enter upon the discharge of their duties at the expiration of the term of their predecessors, and serve until the next annual town meeting thereafter, or until their successors are elected and have qualified. [Part of § 13 of Town Law, chap. 569 of 1890, as am'd by chap. 344 of 1893.] Town inspectors in counties of more than six hundred thousand inhabitants.—The town officers of each town in counties containing six hundred thousand or more inhabitants, as determined by the last preceding federal or state enumeration of the inhabitants taken prior to any election of town officers shall be * also three inspectors of election for each election district * of § 220 of Town Law, chap. 569 of 1890, as am'd by chap. 387 of 1893). * ** [Part Election of town inspectors in counties of more than six hundred thousand inhabitants.— The said town officers shall be elected by ballot by the electors of each town at the annual town meeting held next preceding the general election at which they would have been elected under the present existing laws. * * * [Part of § 221 of Town Law, chap. 569 of 1890, as am'd by chap. 387 of 1893.] Term of office of town inspectors in counties of more than six hundred thousand inhabitants.-The supervisor shall hold office for the term of two years; * * inspectors of election, one year, all from the first day of January. [Part of § 222 of Town Law, chap. 569 of 1890, as am'd by chap. 387 of 1893.] Town meetings in counties of more than six hundred thousand inhabitants.- The annual and special town meetings in each of said towns shall be held in the several election districts thereof, under the direction of the inspectors of election, as the presiding officers, beginning at the hour appointed for the opening of the polls at the next preceding general election. The town clerk shall provide the requisite number of printed official ballots, which shall be the same for each district, and the elections at such meetings shall be conducted, with the aid of ballot clerks and poll clerks, in the same manner as the general elections, so far as practicable. Upon the completion of the canvass, the certified result, together with the books, papers and records, shall forthwith be filed by the inspectors with the town clerk. [§ 223 of Town Law, chap. 569 of 1890. as am'd by chap. 387 of 1893.] Ballots at town meetings in counties of more than six hundred thousand inhabitants.-The names of all the town officers to be voted for by any elector at such town meeting shall be placed upon one ballot, which shall be indorsed with the word "town;" such ballot to contain the names of not more than two candidates for inspectors of election for each of the election districts in the town, designating in connection with such names the districts for which the said several candidates are to be chosen, and if said designation is omitted, or more than two names for inspectors shall appear, the vote for such inspector shall not be counted. [§ 224 of Town Law, chap. 569 of 1890, as am'd by chap. 387 of 1893.] Duty of town inspectors, in the transaction of town meeting business, in counties of more than six hundred thousand inhabitants. The town business which requires a vote of the people otherwise than by ballot shall be commenced at twelve o'clock noon of the day of the annual town meeting, and completed without adjournment. All questions upon motion made at town meetings not required by law to be by ballot, shall be determined by the majority of the electors of the town voting, and the inspectors of each district shall ascertain the result by counting, in such manner as they may deem most expedient and practicable, and certify the same to the board of town canvassers at the time of making their return of the votes cast for town officers. [§ 227 of Town Law, chap. 569 of 1890, as am'd by chap. 387 of 1893.] Appointment of additional town inspector in counties of more than six hundred thousand inhabitants.-It shall be the duty of the justices of the peace to attend at the office of the town clerk on the second day after each town meeting, at ten o'clock in the forenoon, as a board of town canvassers, and canvass the votes of the several election districts, and the town clerk shall act as clerk in such canvass, and shall enter in his record a statement of the same, and of the number of votes for each candidate in the several districts, and of the officers elected, which record shall be signed by him and by the justice or justices acting as such canvassers. From the two persons who shall have the highest number of votes next to the two inspectors elected for each election district, the said justice or justices shall thereupon select the third inspector for such district, which shall also be entered in such record. [§ 229 of Town Law, chap. 569 of 1890, as am'd by chap. 387 of 1893.] Official oaths.- Every officer shall take and file the oath of office required by law before he shall be entitled to enter upon the discharge of any of his official duties. An oath of office may be administered by any officer authorized to take, within the state, the acknowledgment of the execution of a deed of real property, or by an officer in whose office the oath is required to be filed, or may be administered to any member of a body of officers, by a presiding officer or clerk thereof, who shall have taken an oath of office. The oath of office of a notary public or commissioner of deeds shall be filed in the office of the clerk of the county in which he shall reside. The oath of office of every state officer shall be filed in the office of the secretary of state; of every officer of a municipal corporation, with the clerk thereof; and of every other officer, in the office of the clerk of the county in which he shall reside, if no place be otherwise provided by law for the filing thereof. [§ 10 of Public Officers Law, chap. 681 of 1892, as am'd by chap. 318 of 1893.] Oath of office of town inspectors.- Every person elected or appointed to any town office, except justice of the peace, shall before he enters on the duties of his office, and within ten days after he shall be notified of his election or appointment, take and subscribe before some officer authorized by law to administer oaths in his county, the constitutional oath of office, and such other oath as may be required by law, which shall be administered and certified by the officer taking the same without reward, and shall within eight days be filed in the office of the town clerk, which shall be deemed an acceptance of the office; and a neglect or omission to take and file such oath, or a neglect to execute and file, within the time required by law, any official bond or undertaking, shall be deemed a refusal to serve, and |