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succeeding the next general election after the happening of the vacancy; and if the unexpired term is one that continues beyond that time, it shall be filled at such election.

1 R. S., 335, § 59.

The provisions of 1 R. S., 316, §§ 33, 35, 326, § 18, vest in the supervisors the power of filling vacancies in the office of surrogate and recorder of New York, and in offices of county treasurers. The act of 1854 (Laws of 1854, ch. 96) directs a special election to fill a vacancy in the office of justice of the superior court of Buffalo. Those provisions we have omitted, leaving the cases to which they relate to be governed by this section.

chosen to fill vacan


§ 244. Any person chosen to fill a vacancy shall, officers after taking his oath and executing the proper bonds, possess all the rights and powers, and be subject to all the liabilities, duties and obligations, of the officer whose vacancy he fills.




SECTION 245. Possession of books and papers.

246. Proceedings to compel delivery.

247. Attachment and search warrant.

The provisions of this article are somewhat modified from 1 R. S., 335, §§ 60 to 66.

§ 245. Every public officer is entitled to the Pension

possession of all books and papers pertaining to

of books and papers.


ings to com

his office, or in the custody of a former incumbent by virtue of his office. The willful conceal ment or withholding thereof, by any person, is a misdemeanor.

§ 246. If any person, whether a former incumpel delivery bent or another person, refuse or neglect to

Attachment and search warrant.

deliver to the actual incumbent, any such books or papers, such actual incumbent may apply, by petition, to any court of record sitting in the county where the person so refusing or neglecting resides, or to any judge of the supreme court or county judge residing therein; and the court or officer applied to shall proceed, in a summary way, after notice to the adverse party, to hear the allegations and proof of the parties, and to order any such books or papers to be delivered to the petitioners.

§ 247. The execution of the order, and the delivery of the books and papers, may be enforced by attachment, as for a witness, and also upon warrant, at the request of the petitioner, directed to the sheriff or constable of the county, commanding him to search, in the daytime, for such books and papers, and to take and deliver them to the petitioner.



CHAPTER I. Rights over persons.

II. Rights over property.



§ 248. The state has the following rights over persons within its limits, to be exercised in the cases and in the manner provided by law :

1. To punish for crime;

2. To imprison or confine, for the protection of the public peace or health or of individual life and safety;

3. To imprison or confine, for the purpose of enforcing civil remedies;

4. To establish custody and restraint for the persons of idiots, lunatics, drunkards and other persons of unsound mind;

5. To establish custody and restraint of paupers, for the purposes of their maintenance;

6. To establish custody and restraint of minors unprovided for by natural guardians, for the purposes of their education, reformation and mainte


7. To require services of persons, with or with

out compensation:

In military duty;

In jury duty;

As witnesses;

As town or village officers;

In highway labor;

In maintaining the public peace;

In enforcing the service of process;

In protecting life and property from fire, pestilence, wreck and flood;

And in such other cases as are provided by


Original and ultimate title.




SECTION 249. Original and ultimate title.

250. Escheat.

251. Lands under water and mines.

252. Enumeration of mines.

253. Mines, minerals and fossils upon lands of the state.

254. What mines belong to the owners of the land.

255. Discoverer, &c., when exempt.

256. Notice of discovery to secretary of state.

257. Privilege of discoverers.

258. Qualification.

259. Intruders on public lands.

260. Acquisition by taxation and assessment.
261. By right of eminent domain.

§ 249. The original and ultimate right to all property, real and personal, within the limits of this state, belongs to the people.

§ 250. All property, real and personal, within the limits of this state, which does not belong to

any person, belongs to the people. Whenever the title to any property fails for want of heirs or next of kin it reverts to the people.

under water and mines.

§ 251. All lands below common high water Lands mark, where the tide flows, and all mines such as are enumerated in the two following sections, belong to the people.

tion of mines.

252. The following mines, now or hereafter Enumera discovered, are the property of the people in their right of sovereignty:

1. All mines of gold and silver;

2. All mines of other metals, upon lands owned by persons not being citizens of the United States;

3. All mines of other metals, upon lands owned by a citizen of the United States, the ore of wichh, upon an average, contains less than two equal parts in value of copper, tin, iron and lead, or any of those metals.

The provisions of this and subsequent sections, relating to mines, are to the same effect as those of 1 R. S., 537; but it is submitted that they have become of doubtful expediency, and it were better that they should be repealed.

§ 253. All mines, and all minerals and fossils, Mines,

now or hereafter discovered, upon any lands belonging to the people of this state, are the pro

minerals and fossils

upon lands

of the state.

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