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

1 R. S., 314, § 701.


§ 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.

1 R. S., 318, § 42.

'Laws of 1854, ch. 96. Ib., § 48, Laws of 1854, ch. 198, § 1. 1 R. S., 318, § 47. 6 By the Laws of 1755, ch. 530 (amended by Laws of 1859, 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 those officers to the respective


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

Laws of 1850, ch. 389, § 4.

§ 183. The justices of the marine court have power to suspend their clerk, for gross misconduct 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

Clerk of court.

New York marine


or removal of marine

court clerk.

Deputy and assistant clerks.

Other offcers.


Commissioners of



and coun.


The attor

ney of the Seneca nation.

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

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ARTICLE 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.



SECTION 190. Age and citizenship.

191. Members of common council disqualified.
192. Other disqualifications.


§ 190. No person is capable of holding a civil Age and office, who, at the time of his election or appointment, 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 council of any city can, during the term for which he 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

Members of

common council



Other disqualifications.

appointment is, by the Constitution, vested in the common council of a city.

1 R. S., 327, § 2.

§ 192. Provisions respecting disqualification for particular offices are contained in the Constitution and in the provisions of the Codes concerning the various offices.





SECTION 193. Residence

194. Power.

195. Powers of deputy.

§ 193. The following officers must reside within the county, city or town for which they are respectively elected or appointed:

County judges and special county judges, surrogates and special surrogates, recorders of cities, justices of the district and police courts in the city of New York and their clerks, justices of the peace in towns and cities, sheriffs, county clerks, registers, coroners, district attorneys, marshals, the clerk of oyer and terminer and sessions in New York, commissioners of deeds and notaries public.

1 R. S., 308.

§ 194. Executive officers, elected or appointed for any district, county, city or town, are confined

thereto in the exercise of their duties, except where otherwise provided by law. Restrictions

upon the residence and powers of judicial officers, and ministerial officers connected with courts, are contained in the CODE OF CIVIL PROCEDURE.

1 R. S., 308, § 14.

Powers of

195. In all cases not otherwise provided for, deputy. each deputy shall possess the powers and perform the duties attached by law to the office of his principal, during a vacancy in such office, and during the absence or inability of his principal, not extending, however, to the duties or powers of any other office which may be devolved upon the principal by virtue of his chief office.

1 R. S., 327, § 7.



SECTION 196. Appointment when not otherwise provided for.

197. Subordinates.

198. Number of subordinates.

199. Commencement of term.

200. Term of office when not prescribed.

201. Holding over until successor has qualified.

§ 196. Every officer, the mode of whose appointment is not prescribed by the Constitution or statutes shall be appointed by the governor, with the consent of the senate.

1 R. S., 327, § 4.

App whe

ment when not other

wise provi

ded for.

§ 197. All assistants, deputies and other subor- atordi


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