Слике страница

Number of


Commencement of term.

Term of office when not prescribed.

Holding over until successor


dinate officers, whose appointment is not otherwise prescribed, shall be appointed by the officer or body to which they are respectively subordinate. 1 R. S., 327, § 5.

§ 198. When the number of such subordinate officers is not fixed by law, it shall be limited at the discretion of the appointing power.

Ib., § 6.

§ 199. All officers elected by the people shall enter on their duties on the first day of January following their election, except that justices of the peace in towns, elected to fill vacancies, or in new towns, shall enter on their duties immediately.

1 R. S., 327, § 3; 322, § 72.

§ 200. Every office, of which the duration is not prescribed by the Constitution or statutes, shall be held during the pleasure of the appointing power.

1 R. S., 328, § 11.

§ 201. Every officer, except a justice of the has quali supreme court, shall continue to discharge the duties of his office, although his term has expired until his successor is duly qualified.

Ib., § 21.



SECTION 202. Nominations to be in writing.

203. Resolution of concurrence.

204. Resolution of removal.

205. Commissions, how made out.

206. Commissions and removals, how forwarded.

207. Certificate of canvassers.

208. Appointment of ministerial and other officers connected

with courts.

209. Other commissions.

tions to be in writing.

§ 202. Nominations made by the governor to Nomina the senate must be in writing, designating the residence of the nominee and the district for which he is intended to be appointed.

1 R. S., 329, § 14.

of concur


§ 203. Whenever the senate concur in a nomi- Resolution nation or recommendation of removal by the governor, the clerk must immediately deliver a copy of the resolution of concurrence, certified by the president and the clerk, to the secretary of state, and another copy, certified by the clerk, to the governor.

Ib., 15.

of removal.

§ 204. Whenever any officer whose nomination Resolution is vested in the governor is removed by the legislature, the clerk of the house in which the resolution originated must immediately deliver a certified copy thereof to the governor.

Ib., § 16.


sions, how made out.

Commissions and removals, how forwarded.


of canvassers.

Appointment of ministerial

and other

officers con

§ 205. The commissions of all civil officers appointed by the governor and senate, or by the governor, must be signed by the governor, and attested by the secretary of state under the great seal, and recorded by the secretary.

1 R. S. 329, § 17.

206. When an appointment or removal is made by the governor, the secretary of state must send the commission or supersedeas by mail to the clerk of the county where the person appointed or removed resides; and whenever the governor so directs, must dispatch a messenger to the person or to the county clerk with the commission or supersedeas, and cause notice of the supersedeas to be published for two weeks successively in the state paper; which publication shall be deemed a sufficient notice within the provisions of this title. Ib., §§ 18, 19.

§ 207. The certificate of the board of canvassers, authorized to canvass the votes given for any elective office, is evidence of the result.

Ib., § 20.

§ 208. The appointment of officers mentioned

in chapter V of this title, where not otherwise pronected with vided for, must be made by writing, filed in the


office of the appointing power, or the office of its clerk, as the case may be.


209. The commissions of all other officers, Other comwhere no special provision is made by law, must be signed by the presiding officer of the body, or by the person making the appointment.



SECTION 210. Oath.

211. Oath of members of legislature.

212. When to be taken.

213. Before whom.

214. Before whom taken.

215. Where deposited.

216. Oath of deputies.

217. Filing bonds.

218. Notice of neglect.

219. Notice of neglect.

220. Effect of bond.

221. Sureties, when exempt.

222. Penalty for acting without oath or bond.

223. Duty to maintain the sovereignty of the state.

§ 210. Before any officer enters on the duties of Oath. his office he must take the following oath: "I do solemnly swear" (or "affirm") "that I will support the Constitution of the United States and the Constitution of the State of New York, and that I will faithfully discharge the duties of the office of according to the best of my ability."

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1 R. S., 330, § 22.

§ 211. Members of the legislature may take the oath of office at any time during the term for which they were elected.

1 R. S., 331, § 35.

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When to be taken.

Before whom.

Before whom taken.

Where deposited.

§ 212. Whenever a different time is not prescribed by law, the oath of office must be taken, subscribed and filed in the proper office, within fifteen days after the officer has notice of his election or appointment, or before the expiration of fifteen days from the commencement of his term of office.

1 R. S., 330, § 23.

§ 213. Except where otherwise provided, the oath may be taken before any justice of the supreme court, the secretary of state, the attorneygeneral, the lieutenant-governor, the president of the senate for the time being, the speaker of the house of assembly, a county judge, the mayor or recorder of a city, the clerk of a county or city, or any court of record.


Ib., § 24.



§ 214. The oath of justices of the commissioners of deeds must be taken before the county clerk of the county.

Ib., § 25.

§ 215. Every oath of office, duly certified by the officer before whom the same was taken, must be filed within the time required by law, as follows, except when otherwise specially directed:

1. The oath of the governor, lieutenant-governor, justices of the supreme court, comptroller, secretary of state, attorney-general, treasurer,

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