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state engineer and surveyor, state assessors bank superintendent, insurance superintendent and superintendent of public instruction; of the members of the senate and assembly, and of the clerks, sergeants-at-arms and doorkeepers thereof; of the canal commissioners, and all other executive officers, whose authority is not limited to any particular district or county, in the office of the secretary of state.

2. The oath of attorneys and counselors must be taken before the court admitting them, and filed in the office of the clerk.

3. The oath of clerks of courts in their respective offices.

4. The oath of notaries public, superintendents of canal repairs, and collectors of canal tolls, and of all judicial and executive officers appointed or elected for any county or city, and of all officers whose duties are local, or whose residence in any particular district or county is prescribed by law, in the offices of the clerks of their respective counties.

1 R. S., 330, § 27.


§ 216. Deputies must, within fifteen days after Oath of their appointment, take and file an oath in the manner required of their principals.

1 R. S., 331, § 28.



Notice of neglect.

Notice of neglect.

Effect of bond.

Suretics, when exempt.

§ 217. Every official bond must be filed in the proper office within the time above prescribed for filing the oath, unless otherwise expressly provided by statute.

1 R. S., 331, § 29.

§ 218. If any officer who is required to file his oath or bond with the secretary of state or with a county clerk, neglects to do so within the time required, it is the duty of such secretary or clerk immediately to give notice thereof to the governor. And when a justice of the peace neglects to file his oath, the county clerk must also give notice to the supervisor of the town.

Ib., § 30.

§ 219. Whenever any officer who is required to file his bond with the comptroller neglects to do so within the time required, the comptroller must immediately give notice thereof to the governor, in case the officer was commissioned by him, and if otherwise, to the person or body which appointed the officer.

Ib., § 31.

§ 220. Every official bond continues in force so long as the officer continues to discharge the duties of his office, and until his successor is duly qualified. Ib., § 32.

§ 221. But the sureties in such bond shall be exonerated from liability for acts or omissions of

their principal, after he has duly renewed his official bond, pursuant to law.

1 R. S., 331, § 33.

acting without oath or


§ 222. If any person execute any of the func- Penalty for tions of an office without having taken and duly filed the required oath of office, or without having executed and duly filed the required bond, he shall forfeit the office, and is guilty of a misde


Ib., § 34.

§ 223. It is the duty of every officer of the state to maintain and defend its sovereignty and

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Duty to

maintain the sover

eignty of

the state.




SECTION 224. Resignations, to whom made.

225, 226. Governor's power of removal,

227. Breach of official bond.

228. Suspension of treasurer.

229. Suspension by governor, and senate's power of removal.

230. Removal of certain other officers for cause.

231. District attorney to inquire into charges.

232. Vacancies, how occurring.

233. Notice of conviction.

234. Duty of governor.

235, 236. Temporary appointments by the governor.

237. Power of governor to fill vacancies.

238. Vacancies in certain offices.

239. Vacancy in office of canal commissioner.

240. Vacancy in office of commissioner of excise.

241. Vacancy in office of police commissioner.

242. Vacancy in office of New York health commissioner.
243. Vacancies not otherwise provided for.

244. Officers chosen to fill vacancies.

Resignations, to



Governor's power of removal.

§ 224. Resignations must be in writing, and made as follows:

1. By the governor, lieutenant-governor, secretary of state, comptroller, treasurer, attorney-general and superintendent of public instruction, to the legislature;

2. By all officers appointed by the governor alone, or by him with the consent of the senate, to the governor;

3. By senators and members of assembly, to the presiding officers of their respective houses, who shall immediately transmit the same to the secretary of state.

4. By sheriffs, coroners, county clerks and registers, to the governor ;

5. By justices of the peace, to the supervisor of the town;

6. By all other appointed officers, to the body or officer that appointed them;

7. In all cases not otherwise provided for, by filing the resignation in the office of the secretary of state.

1 R. S., 332, §§ 36, 37.

§ 225. All officers, other than judges of courts of record, appointed by the governor alone for a certain time, or to supply a vacancy, may be removed by him.

1 R. S., 333, § 42.

power of removal.

§ 226. The office of any collector or receiver of Governor's public monies, appointed by the legislature, by the governor, or by the governor and senate; except of those officers for whose removal provision is otherwise made, may be declared vacant by the governor, in case it appears to him, on the report of the comptroller, that such officer has, in any particular, willfully violated his duty.

1 R. S., 333, § 43.

official bond.

§ 227. The governor may also declare vacant the Breach of office of any officer required to execute an official bond, whenever a judgment is obtained against him on the bond.

Ib., § 44.

§ 228. The case in which the treasurer may be suspended, and the mode of removing judges of courts of record, is prescribed by the Constitution. Special county judges and special surrogates may be removed in the same mode.

Const., art. V, § 7; art. VI, § 11; 1 R. S., 314, § 18.

§ 229. All officers appointed by the governor, with the consent of the senate, may be suspended

by the governor, and removed by the senate on
the recommendation of the governor.

Modified from 1 R. S., 333, § 46; 567, § 15; Laws of 1859,
ch. 311, § 2.

Suspension al of judges.

of treasurer and remov

Suspension power of

by governor and senate's


Removal of

for cause.

§ 230. The governor may remove any sheriff, certain commissioner of police of the metropolitan police

other officers

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