How are the mayors of cities appointed? How many bank commissioners are there? How are they appointed? What is their term of office, and how removed? Can you enumerate the chief powers of bank commissioners? GENERAL PROVISIONS AND OBSERVATIONS, RELA. TIVE TO CIVIL OFFICERS. No person can hold a civil office, unless he is a citizen of this State; and he must have attained the age of twentyone years, at the time of his election or appointment. All officers elected by the people, (except those elected to supply vacancies,) enter upon the duties of their respective offices on the first day of January following the election at which they were chosen. All officers who are appointed, (except the chancellor, justices of the supreme court, and circuit judges,) and who have duly entered upon the duties of their office, continue to hold the same (although their term may have expired) until a successor is duly qualified. Each State officer enumerated in the preceding pages, is required, before he enters upon the duties of his office, to swear or affirm, that he will support the constitution of the United States, and of the State of New York, and that he will faithfully discharge the duties of his office, according to the best of his ability. Every wilful neglect of a duty, enjoined by law upon a public officer, (where no special provision is made for its punishment,) is a misdemeanor, and is punishable by imprisonment in a county jail not exceeding one year, or by fine not exceeding two hundred and fifty dollars, or by both of these in the discretion of the court in which the offence is tried. OF RESIGNATIONS. The resignations of the governor, lieutenant governor, secretary of state, comptroller, treasurer, attorney general, surveyor general, and state printer, are made to the legislature. Those of the senators and members of assembly, are made to the presiding officers of their respective houses. The resignations of all officers who are appointed by the governor alone, or by him with the consent of the senate, are made to the governor; as also those of sheriffs, coroners, and county clerks. District attornies resign to the courts that appointed them; justices of the peace, to the supervisor of their town; commissioners of deeds, to the first judge of their county; and all other officers resign to the body, board, or officer that appointed them. OF VACANCIES. Every office is declared by law to be vacant, on the happening of either of the following events before the expiration of the term of such office, viz. 1. The death of the person holding it. 2. His resignation. 3. His removal from office. 4. His ceasing to be an inhabitant of the State, or if the office be a local one, then his ceasing to be an inhabitant of the district, county, town, or city, for which he was chosen, or appointed, or within which the duties of his office are required to be discharged. 5. His conviction of an infamous crime, or of any offence involving a violation of his oath of office. 6. His neglect or refusal to take the oath of office, or to give or renew any bond required by law, within the time prescribed by law. 7. The decision of a competent tribunal declaring void his election or appointment. QUESTIONS ON THE PRECEDING. Who can hold a civil office? At what time do elective officers enter upon their duties? How long do officers that are appointed, continue to exercise their office? What are the exceptions to this rule ? What is the oath of office of the preceding officers ? When must this oath be taken? How is an officer punished for wilful neglect of duty? To what body do senators and members of assembly resign? To whom do justices of the peace resign? To whom do commissioners of deeds resign? How do all the other civil officers resign? Can you enumerate the events, either of which render an office vacant? OF THE CIVIL DIVISIONS OF THE STATE. The State is divided into fifty-eight counties. It is also divided into eight districts, which are called senate districts; and it is again divided in thirty-three districts for the election of representatives in the Congress of the United States. The counties of the State are divided into towns, and there are also minor divisions in point of territory, of cities, and incorporated villages. OF COUNTIES. Each county in the State is for certain purposes, and to a certain extent, a body corporate; and as such, has capacity to sue and be sued, in the manner prescribed by law; to purchase and hold lands within its limits, and for the use of its inhabitants; to make such contracts, and to purchase and hold such personal property as may be necessary to the exercise of its corporate or administrative powers, and to make such orders for the disposition, regulation, or use of its cor porate property, as may be deemed conducive to the interests of its inhabitants. All acts or proceedings, by or against a county in its corporate capacity, are had and done in the name of the board of supervisors. The powers of a county, as a body politic, are exercised only by the board of supervisors thereof. QUESTIONS ON THE PRECEDING. Into how many counties is the state divided? What minor divisions are there? What are the corporate rights of a county? In what name are proceedings, by or against a county, in its corpo. rate capacity, had? How are the powers of a county, as a body politic, exercised? OF COUNTY OFFICERS. The principal civil officers in the counties of this State are the following; sheriff, coroners, district attorney, judges of the county courts, county clerks, surrogate, superintendants of the poor, county treasurer, board of supervisors, grand jurors, county sealer, auctioneers, and inspector of commodities. Of these in their order. OF THE SHERIFF. There is one sheriff in each county in the State, who is chosen by the electors of his county, once in every three years, and as often as vacancies occur, and he officiates until his successor is duly qualified; but is subject to be removed by the governor, upon charges preferred against him, after a hearing of both sides. He must reside in the county where his duties are to be executed. Privileges and disabilities. He is exempt from military duty. He can hold no other office during his term, and is ineligible to the same office for three years ensuing the termination of his office. He cannot, during the continuance of his office, practice as an attorney, solicitor, or counsellor. Chief powers and duties. These are numerous and extensive. The sheriff is principal conservator of the public peace; and for this purpose, and the pursuit of felons, he may command all the people of the county to assist him. He executes, within his county, all writs, and process for the arrest of the person of a defendant or party, issued out of the courts of record of this State. He executes all legal executions directed to him from such courts, whether against the body, or the goods and lands of a party, and all other writs, and process, properly directed to him. He has power to appoint an under sheriff, (who holds during the sheriff's pleasure) and so many deputies as he may deem proper. The sheriff and under sheriff may, by writing, depute per. sons to perform particular acts. The sheriff has the custody of the jails and prisons of the county, and of the prisoners in them, and he may appoint keepers of such jails and prisons. He is an officer of the court of chancery, and executes the process of that court. It is his duty to keep an office in a proper place in the city, or village, in which the county courts of his county are held, and to keep it open from nine o'clock to twelve in the forenoon, and from two to five in the afternoon, every day, except Sundays and the day of the anniversary of American independence. Every notice, or paper required to be served on a sheriff, may be served by leaving it at his office during the hours his office is required to be kept open. QUESTIONS ON THE PRECEDING. Can you enumerate the principal civil officers in a county? |