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Their terms

of office.

State assessors.

Qualifications and term of office of

Onondaga tribe of Indians; the superintendent of the Brothertown Indians, and bank directors.' During the recess of the senate, the governor may appoint, subject to its subsequent consent.

§ 72. The officers enumerated in the last section. hold their respective offices for two years, except the inspector of gas meters, who holds his office for five years, the bank superintendent, the insurance superintendent, the state assessors and the commissioners of the metropolitan police district, and the port-wardens and special wardens of the port of New York, who hold their respective offices for three years; the superintendent of Onondaga salt springs and bank directors, who hold their offices for one year, and the port-warden of Albany, who holds his office during the governor's pleasure.

1 R. S., 325; Ib., 1168, 262; Laws of 1857, ch. 569; 1 R. S., 1062, § 10; Laws of 1859, chs. 311, 312, 366.

§ 73. One of the state assessors is appointed in each year, and their terms of office commence on the first day of April.

Laws of 1859, ch. 312.

§ 74. Two of the commissioners of the metropolitan police district are appointed from the city missioners. of New York, in the year 1862, and every third

police com

year thereafter. One is appointed from the same city, one from the county of Kings, and one from

7 1 R. S., 325.

the county of Richmond or Westchester, in the

year 1861, and every third year

Laws of 1857, ch. 569, § 2.


§ 75. One of the wardens of the port of New Port-war

York must be a resident of Brooklyn. Three of them must be nautical men. The terms of office of those now in office are fixed by designation pursuant to special statute. No person but a licensed physician shall be appointed to the office of resident physician, health commissioner or health officer of the city of New York.'

dens and officers of

health of

New York.

§ 76. The following executive officers are ap- officers appointed by the governor alone:

Wreck masters; health officers of the cities of Albany and Hudson; the peacemakers of the Brothertown Indians; the receiver of the profits of the state pier at Sag Harbor; the private secretary of the governor.

1 R. S., 326, § 24; Ib., 310, § 6.

pointed by the gover nor.

of office.

§ 77. The officers enumerated in the last section Their terms hold their respective offices for two years,, except the governor's private secretary, who holds his office during the governor's pleasure.

1 R. S., 326, § 24; Ib., 310, § 6.

of damaged goods.

§ 78. The inspectors of damaged goods, when- Inspectors ever their appointment is necessary, are appointed in the cities of Albany, Troy and Hudson, by the

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Commissioners of



of plank

and turn

mayor or recorder of those cities respectively; and in every other county, except that of New York, Kings and Richmond, by the county judge.

1 R. S., 1070, § 14.

§ 79. One of the commissioners of excise in each county is appointed on the second Tuesday of May, in the year 1860 and each alternate year thereafter, by the county judge and the two justices of the sessions, or a majority of them, of which the county judge is to be one, at the place where the county courts are required to be held. In case of a vacancy in the office of county judge the appointment is made by the justices of the sessions. In the city and county of New York the appointment is made by the chief justice of the superior court, the first judge of the common pleas, and the recorder, or any two of them. Their terms of office commence on the first of January next after the appointment; and all hereafter appointed hold their offices for six years. The terms of those first appointed expire according to a determination made by lot, pursuant to a special statute.

Laws of 1857, ch. 628, § 1.

§ 80. The inspectors of plank and turnpike roads

pike roads. are appointed by the boards of supervisors of their

Sealers of

respective counties. Those only are to be appointed who are not interested in any such roads in the county.

1 R. S., 1104, § 98.

§ 81. County sealers of weights and measures are


appointed by the boards of supervisors of their weights and county. Town sealers of weights and measures are appointed by the supervisor and the justices of the peace of the town.

1 R. S., 325, §§ 15, 16.

sioner of the St. Regis


§ 82. The commissioner for the St. Regis tribe of Commis Indians is appointed by the board of supervisors of the county of Franklin. The mode of his election, his term of office, and his functions, are prescribed by the "Act for the protection and civilization of the St. Regis Indians," passed April 19, 1858.

Laws of 1858, ch. 368, p. 634.



SECTION 83. Powers and duties of the governor.

84. Exchanging statutes with other states.

85. Recovery of kidnapped or enslaved citizens.

86. Expenses.

87. Apprehension of criminals.

88. Governor's records.

89. Person acting as governor.

duties of

§ 83. In addition to those prescribed by the Powers and constitution, the governor has the powers and governor. duties prescribed in this and the following sections:

1. He is to supervise the official conduct of all executive and ministerial officers;

2. He is to see that all offices are filled, and the duties thereof performed, or in default thereof apply such remedy as the law allows, and if the

remedy is imperfect acquaint the legislature therewith, at its next session;

3. He is to make the appointments, and supply the vacancies mentioned in this Code;

4. He is the sole official organ of communication between the government of this state and the government of any other state, or of the United States;

5. He has the custody of the great and privy seals of the state, descriptions whereof are deposited in the office of the secretary of state. The privy seal shall be used for military commissions, and all such documents as have issued under the great seal since the sixteenth day of March, seventeen hundred and seventy-eight, shall continue to be issued under the great seal, except copies of records and papers, certified by the secretary of state under his seal of office;

6. Whenever any suit or legal proceeding is pending against this state, or which may affect the title of this state to any property, or which may result in any claim against the state, he may direct the attorney-general to appear on behalf of the state, and may employ such additional counsel as he may judge expedient;

7. He may employ for the executive duties such clerks, not exceeding three, and such messengers, not exceeding two, as he may deem expedient, at a

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