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Other disqualifica

tions.

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.

ARTICLE II.

RESTRICTIONS UPON THE RESIDENCE OF OFFICERS AND THE
EXERCISE OF THEIR POWERS.

Residence.

Power.

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.

deputy.

§ 195. In all cases not otherwise provided for, Powers of 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. 1 R. S., 327, § 7.

ARTICLE III.

APPOINTMENT, AND COMMENCEMENT AND DURATION OF
TERMS.

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 appoint

ment is not prescribed by the Constitution or sta

tutes, shall be appointed by the governor, with the consent of the senate.

1 R. S., 327, § 4.

Appoint

ment when not other

wise provi

ded for.

nates.

§ 197. All assistants, deputies and other subor- Subordi dinate officers, whose appointment is not otherwise

Number of subordi. nates.

Commencement of

term.

Term of office when not prescribed.

Holding over until successor

has qualified.

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 supreme court, shall continue to discharge the duties of his office, although his term has expired, until his successor is duly qualified.

Ib., § 12.

ARTICLE IV.

NOMINATIONS AND COMMISSIONS OF OFFICERS.

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.

§ 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.

tions to be in writing

of concurrence.

§ 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.

Commis sions, how

made out.

Commis sions and removals, how forwarded.

Certificate

of canvass

ers.

Appoint. ment of ministerial and other

officers connected with

courts.

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 pro

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.

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