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District attorney to inquire into charges.


how occur

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, 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


1 R. S., 331, §§ 50, 53.

§ 232. Any office becomes vacant on the hapring. pening 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.*

1 R. S., 332, § 38.


2 Laws of 1857, ch. 569, § 2.


$233. Whenever officer is convicted of an Notice of 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.

1 R. S., 333, § 39.


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

Temporary appointments by the gover


Temporary appointments by the governor.

Power of

governor to fill vacan


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.

in certain offices.

§ 238. When a vacancy exists, or a resignation Vacancies has been sent in and accepted, to take effect at a future day, in the offices of secretary of state, comptroller, treasurer, attorney-general, state engineer and surveyor, state prison inspector, clerk of the court of appeals, or canal commissioner, or superintendent of public instruction, while the legislature is in session, the two houses thereof, by joint ballot, shall appoint a person to fill the vacancy; and any person appointed by the governor to any of these offices (except state prison inspector) may be removed from such office by joint resolution of both houses of the legislature, and upon such removal both houses shall forthwith, by joint ballot, appoint a person to the office made vacant thereby.

1 R. S., 335, § 59.

canal commissioner.

§ 239. A vacancy in the office of canal commis-of sioner, existing during a recess of the legislature, is to be filled by the governor, by appointment, to be filed in the office of the secretary of state; and the appointee holds his office until the first of January after the next general election, unless the unexpired term sooner expire. When the unexpired term extends beyond the first of January after the next general election succeeding the happening of the vacancy, there shall be chosen at such election a canal commissioner, to enter upon the duties of the office on the first of January after

Vacancy in

office of commis

sioner of excise.

Vacancy in office of police com

the election, and fill the same for the unexpired


1 R. S., 324, §§ 5 and 6.

§ 240. A vacancy in the office of commissioner of excise is filled for the unexpired term by the officers who are authorized to appoint.

Laws of 1857, ch. 628, § 1.

§ 241. The mode of filling vacancies in the missioner. office of police commissioner of the Metropolitan Police District, is prescribed by chapter 569 of the Laws of 1857, entitled "An act to establish a Metropolitan Police District, and to provide for the government thereof," passed April 15, 1857.


in office of New York health com

missioner. vacancy


not other

wise pro

Laws of 1857, ch. 569.


§ 242. The board of health may supply any may occur in the office of either of the health commissioners of the city of New York, whether arising from the temporary inability of the officer to discharge his duties or otherwise; but the person so appointed shall hold his office only until such inability be removed, or until an appointment.

§ 243. In every case where no other provision is made by law for filling a vacancy in any office, the same shall be filled by appointment of the governor for the residue of the unexpired term. But if the office is elective, the appointment, in such case shall only run to the first of January

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