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TITLE 4. while in office, or habitually neglects to perform his share of the duties of the office as herein required, or has become incapacitated for the proper discharge of such duties, the board, by a vote of a majority of its members, shall suspend such justice from the exercise of the duties of his office, and direct that his compensation cease. The board of supervisors shall therefrom without delay present a statement of the causes of its action to the superior court of the city of New York, and have a copy thereof served upon the justice affected thereby. The superior court shall appoint as early a day as may be practicable for hearing the matter, notice of which day shall be served upon such justice, and proceed with all reasonable dispatch to hear the parties and the testimony they may offer, and shall therefrom make such order conformably to law, equity and good morals, either restoring such justice to the full enjoyment of his office with all its powers, duties and benefits, or removing him therefrom, as the facts proven may seem to require, assigning the causes for any removal in the order therefor. [1849, ch. 144, § 9.]

Solicitors and attorneys.

Who

entitled to examination and admittance.

*$80. Every person who shall be a solicitor in chancery, or attorney in the supreme court of this state, on the first Monday of July next, shall be entitled to practice as attorney, solicitor and counselor in all the courts of this state; and every person who shall be an attorney of the court of common pleas of any county on the first Monday of July next, shall be entitled to practice in the county court of the same county; and every male citizen of the age of twenty-one years applying to be admitted to practice as attorney, solicitor and counselor in the courts of this state, shall be examined by the justices of the supreme court, which examination shall be at a general term thereof; and if such person so applying shall be found to be of good moral character, and to possess the requisite qualifications of learning and ability, the court shall direct an order to be entered by the clerk thereof, stating that such person has been so examined and found to possess the qualifications required by the constitution; and thereupon such person shall be entitled to practice as an attorney, solicitor and counselor in all courts in this state, until he shall be suspended from such practice, for cause as hereinafter provided. A copy of such order, certified by such clerk, shall be presumptive evidence of the right of such person to practice as aforesaid; and said court shall, by general rules, prescribe what shall be deemed sufficient proof of prescribed. good moral character, and no term of clerkship or period of study shall be required. The supreme court organized by this act shall possess the same power to remove or suspend any attorney, solicitor and counselor, as is now possessed by the present supreme court and court of chancery. [1847, ch. 280, §.75.]

General

rules to be

Supreme court may

remove or

suspend any attor ney, &c.

[109] Vol. 1.

Counselors, &c., their removal.

$81. [Sec. 23.] Counselors, solicitors and attorneys may be removed or suspended by the several courts in which they shall be appointed, but subject to such removal and suspension, they hold their offices during life.1

$82. [Sec. 24.] Any counselor, solicitor or attorney may be

1 R. L., 417. § 5.

removed or suspended, who shall be guilty of any deceit, mal-practice or misdemeanor; but not until a copy of the charges against him, shall have been delivered to him, by the clerk of the court in which the proceedings shall be had, and an opportunity shall have been given to him, of being heard in his defense.

ART. 2.

&c., their

$83. [Sec. 25.] The removal or suspension of any counselor, Counselors, solicitor or attorney, by the supreme court, from their respective removal, courts, shall operate as a removal or suspension in every court in the state; but in every other case the removal or suspension shall be confined to the court in which it shall be declared.2

not practice

S84. [Sec. 26.] No clerk, deputy clerk, register, assistant who may register or deputy register of any court shall, during his continu- 8 Barb., 355. ance in office, practice in such court as a counselor, solicitor or attorney.

Ib.

$85. [Sec. 27.] No sheriff, under sheriff, deputy sheriff, sheriff's clerk or coroner shall, during his continuance in office, practice as a counselor, solicitor or attorney in any court of law or equity. Other off$86. [Sec. 28.] All officers of courts, other than those above cers of mentioned, shall be appointed by the courts of which they shall courts, respectively be officers, and shall hold their offices during the plea- pointed. sure of the court so appointing them.

how ap

Commis

sioners, how

*S87. Commissioners of deeds in the cities of this state shall be appointed by the common councils of said cities respectively, and appointed. all vacancies occurring during the term for which any commissioner shall be appointed shall be filled in like manner. [1848, ch. 75, § 1.]

$8s. [Sec. 30.] No supervisor shall be appointed a commis- Who inelisioner of deeds.

gible

new coun

$89. [Sec. 50.] The sheriffs, clerks and coroners first chosen in Sheriff's in every county that may hereafter be erected, shall be elected at the ties. general election next succeeding the erection of the county, or at such other time as the legislature shall direct.

ARTICLE SECOND.

Of Justices of the Peace.

SEC. 90. Four justices to be elected in each town, tenure of their offices, to be commissioners of deeds.

91. Not to be removed unless notice shall have been given, &c.

92. Clerks of town meeting to transmit certificate of election of justice.

93. Term of office commences first of January after election.

94. In case of election to fill vacancies, may enter upon his duties at once.

95. When a new town is erected, how justices to be elected.

96. Justices residing in such new town to be deemed justices thereof.

97. Supervisor of such town to give notice of meeting to determine the classes of justices elected therein.

98. Oath of office.

99. Classes to be determined by drawing.

100. How to be determined in case less than four be elected.

101. If any justice neglects to attend, supervisor to draw for him. If supervisor be absent, &c., town clerk to act for him.

102. Certificates of drawing and of result, to be made, filed and recorded.

103. If by erecting or altering a town there be more than four justices therein, all to act.

104. If by such erection or alteration, a town be deprived of one or more justices, their places to be supplied.

105. When two justices elected, method of classifying them.

towns.

$90. [Sec. 35.] There shall be four justices of the peace in Justices in each town, divided into four classes, one of whom shall be annu

12 R. L., 417, § 10. 2 As modified by ch. 280 of 1847, § 5. Modified by const., art. vi., § 8. 4 In Hector, Tompkins county, five justices. 1851, ch. 40; see also 1852, ch. 7; ib., ch. 16; 1853, ch. 3; 1854, ch. 44; 1854, ch. 20; 1854, ch. 31; 1857, ch. 130; 1857, ch. 665; 1854, ch. 94; 1856, ch 12; 1852, ch. 79; íb., ch. 157.

VOL. I.

26

[111] Vol. 1.

TITLE 4. ally elected in the manner prescribed in chapter eleventh of this act. Each justice hereafter chosen shall hold his office for four years, except when elected to fill a vacancy, or on the erection of a new town, as hereinafter prescribed; and may be removed by the judges of the county courts. [The office of commissioner of deeds is hereby abolished in the several towns of this state, and all the powers and duties of commissioners shall hereafter be executed by the justices of the peace in said towns respectively.] [1840, ch. 238, part of § 1.]

Removal from office.

3 Cowen, 371.

Duty of town clerk.

Justices, when to enter on

$91. [Sec. 36.] No justice of the peace can be removed until he shall have notice of the charges made against him, nor until an opportunity be given him of being heard in his defense. The causes of such removal shall be assigned by the judges in writing, and be filed with the clerk of the court.

*

$92. The clerk of every town meeting at which an election for justice of the peace shall have been had, shall, within ten days thereafter, transmit to the clerk of his county, a certificate of the result of such election, under his hand, which shall be evidence of the facts therein certified. [1829, ch. 356, § 2.]

*S93. The persons so elected justices of the peace, shall enter upon the duties of their respective offices on the first day of Janutheir duties. ary next succeeding their election. [Same ch., § 3.]

Justices to

supply

$94. Whenever one or more justices of the peace shall be vacancies. elected in any town in this state, to supply a vacancy or vacancies at the time existing, or in any new town, such justice or justices may take the oath of office, and forthwith enter upon the duties thereof. [1830, ch. 290, § 1,]

Justices in new towns.

Ib.

Ib., notice

to

$95. [Sec. 37.] Whenever a new town shall be erected, an election for justices therein shall be held at the next general election thereafter, unless a special election shall be directed by law. S96. [Sec. 38.] If there be one or more justices then residing in such new town, they shall be deemed justices thereof, and shall hold their offices according to their respective classes; and only so many justices shall be chosen as shall be necessary to complete the number of four for such town.

$97. [Sec. 39.] After the election of justices in such new town, of meeting the supervisor thereof shall, within six days after the completion mine classes of the canvass by the county canvassers, give notice in writing, to the justices elected and to the town clerk, of the time and place where he will meet them, to determine by lot the classes of such justices; which notices shall be served at least six days, and not more than twelve, previous to the time appointed therein for such meeting.

Oath, when

*S 98. The oath of office of justices of the peace shall be taken to be taken before the clerk of the county for which they may have been elected or appointed, at any time after election or appointment, and before the fifteenth day of January next succeeding. [1832, ch. 109, § 1.]

Ib., classes,

$99. [Sec. 40.] At the time and place so appointed, the mined, supervisor and town clerk shall cause to be written on separate

how deter

1 As modified by ch. 356 of 1829.

pieces of paper, as near alike as may be, the numbers one, two, three, four, if there shall have been four justices elected, and shall cause them to be rolled up as nearly alike as may be, and deposited in a box. The persons elected justices shall severally draw one of the said pieces of paper, and shall be classed according to the number written on the paper so drawn by him, and shall hold his office for such number of years, either one, two, three or four, as shall correspond with such number so drawn.

ART. 2.

classes, how

$ 100. [Sec. 41.] If less than four justices shall have been Justices; chosen, then ballots shall be prepared as above directed, with determined. numbers written thereon, to correspond with the numbers of the classes which shall be vacant, and each person elected, shall, in like manner, proceed to draw one of the said ballots, and shall be classed according to the number so written on the ballot drawn by him, and shall hold his office according to such number.

to attend,

$101. [Sec. 42.] If any person elected a justice shall neglect Ib, neglect to attend to such drawing, the supervisor shall draw for him. If &c. the supervisor be absent from his town, or unable to serve, or his (112) office be vacant, the town clerk shall give the notice herein required, and perform the duties enjoined on such supervisor.

Vol.

of drawing.

$102. [Sec. 43.] Duplicate certificates of such drawing, and of Certificates the result thereof, shall be made, and certified by the supervisor and town clerk, or such one of them as shall attend the same, one of which shall be filed with the town clerk and the other with the county clerk, and shall be recorded by the said clerks in the books in which the canvasses of votes shall have been recorded; and shall be conclusive evidence of the respective classes, to which the persons so elected justices, belong.

than four

may hold

S 103. [Sec. 44.] If by the erection of a new town or the annex- When more ing of a part of one town to another, there should at any time be justices more than four justices residing in any town, they shall notwith- their offices standing hold and exercise their offices in the town in which they reside, according to their classes respectively. But on the expiration of the term of office of two or more justices, being in the same class, only one person shall be elected to fill the vacancy, in such class.

when num

S104. [Sec. 45.] Whenever by the erection of a new town or Proceedings the annexing of part of one town to another, any town shall be ber reduced deprived of one or more justices, by their residence being within the part set off, the inhabitants of such town shall, at the next general election, supply the vacancy so produced in the classes to which such justices may belong; and if two or more justices be elected, the same proceedings shall be had, as before directed, to determine their respective classes.

S 105. [Sec. 46.] Whenever there shall be two or more justices Ib. chosen at any election, one or more of whom shall be chosen to supply a vacancy, and one for the regular term, the class to which each justice shall belong, and the term for which he shall serve, shall be determined by lot, in the presence of the supervisor and town clerk, within the time and in the manner herein before

TITLE 5. directed; the same notice shall be given, the same proceedings had, and the result certified with the like effect as before declared.1

Commis

sioners of the land office.

Commissioners of the canal fund.

Canal board

missioners,

and terms

of office.

TITLE V.

Of Administrative Officers.

SEC. 1. Commissioners of the land office.

2. Commissioners of the canal fund.

3. Canal board.

4. Canal commissioners, their election and tenure of office.
5, 6, 7. Appointment of canal commissioners to fill a vacancy.
8. Inspectors of state's prison, their election and tenure of office.

9. Superintendents of canal repairs.

10. Collectors of canal tolls, their tenure of office.

11. May be removed by comptroller.

12. Canal appraisers.

13. Their term of office.

14. Superintendent of weights and measures.

15. County sealers of weights and measures.

16. Town sealers of weights and measures.

17. County treasurer's election and tenure of office.

18. Vacancies in the office of county treasurer.

19 Commencement of treasurer's term in Kings county.
20. Sundry officers appointed by governor and senate.
21. Tenure of their offices.

22. Vacancies in offices of health commissioners.
23. Sundry officers appointed by the governor.

* 1. The lieutenant-governor, speaker of the assembly, secretary of state, comptroller, treasurer, attorney-general and state engineer and surveyor, shall be the commissioners of the land office. [Const., art. v., § 5.]

§ 2. The lietenant-governor, secretary of state, comptroller, treasurer and attorney-general, shall be the commissioners of the canal fund. [Same section.]

* 3. The canal board shall consist of the commissioners of the canal fund, the state engineer and surveyor, and the canal commissioners. [Same section.]

Canal com- * S 4. Three canal commissioners shall be chosen at the general how chosen election which shall be held next after the adoption of this constitution, one of whom shall hold his office for one year, one for two years, and one for three years. The commissioners of the canal fund shall meet at the capitol on the first Monday of January next after such election, and determine by lot which of said commissioners shall hold his office for one year, which for two, and which for three years; and there shall be elected annually thereafter, one canal commissioner, who shall hold his office for three years. [Const., art. v., § 3.]

Vacancies

to be filled by the

legislature

when in session.

*S 5. Whenever from any cause, the office of canal commisioner shall become or be vacant, at or during a period when the legislature shall be in session, it shall be and is hereby made the duty of the legislature to appoint some proper person to fill such vacancy in the same manner as is now prescribed by law for filling vacan

The provisions of this section are abrogated by subsequent legislation, excepting so far as they relate to the manner of determining by lot the classes of justices. See ch. 11, title iii., art. 1. The original §§ 47 and 48 were as follows:

$47. Sheriffs and clerks of counties and the register and clerk of the city and county of New York, are chosen by the electors in their respective counties, once in every three years, and as often as vacancies occur.

$48. Sheriffs can hold no other office, and are ineligible to the same office for the next three years after the termination of their offices.

They are superseded by the first section of art. 10 of the const.

§2, R. S. "All the officers mentioned in the preceding section, except the speaker of the assembly, by right of office are and shall continue to be commissioners of the canal fúnd; but they cannot act as a board unless the comptroller shall be present."

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