eight hundred and twenty-three; or as often as vacancies shall oc- ART. 1. cur. §7. The persons so appointed, hold their offices for three years, Tenure of unless sooner removed by a concurrent resolution of the senate and assembly.26 $8. The treasurer is appointed by the legislature in the same Treasurer. manner, and such appointment is made annually.26 of state offi $9. The senate and assembly shall proceed to nominate each of the several state officers above named, on the first Monday of Febru- cere. ary in each year, during which his term of office shall expire. If an appointment shall be necessary to supply an existing vacancy, they shall fix, by concurrent resolution, the day on which they will proceed to nominate for such appointment. in case they $10. If, on the comparison of such nominations they be found to Proceedings agree, the president of the senate shall declare such agreement, and agree. that the persons so nominated are chosen. Copies of the resolutions of the two houses by which such nominations were made, shall be certified by the respective presiding officers thereof, and attested by their clerks; which shall be delivered to the person appointed, and shall be evidence of his appointment. disagree. $11. If the nominations disagree, and the officer be chosen by a In case they joint ballot, the result of such ballot shall be certified by the presiding officers of the two houses, and attested by the clerks thereof; which certificate shall be delivered to the person so chosen, and shall be evidence of his appointment. $12. The state printer shall be appointed by law, and shall hold State printer. his office during the pleasure of the legislature. private sec $ 13. The private secretary of the governor, and the door-keeper Governor' of the executive chamber, shall be appointed by the governor, and retary, & hold their respective offices during his pleasure. TITLE IV. OF JUDICIAL OFFICERS. ART. 1.—Of judicial officers appointed by the governor and senate. ART. 2. Of judicial officers appointed by courts of justice. ART. 3.-Of judicial officers appointed by the local authorities of a county or city. ARTICLE FIRST. Of Judicial Officers appointed by the Governor and Senate. SEC. 1. Chancellor, judges, &c. how appointed. 2. Tenure of offices of chancellor, justices of the supreme court and circuit judges. TITLE 4. SEC. 3. Chancellor, justices of the supreme court, and circuit judges can hold no other office. 4. Judges of county courts, &c. hold for five years, subject to removal. Chancellor, &c. how ap pointed. Tenure of certain offi 009. Can hold no other office. Judges of 5. If office of first judge b vacant, governor to designate a successor in his nomination 6. Tenure of office of masters and examiners in chancery. 7. Masters in chancery required to be counsellors or solicitors. 8. Masters and examiners prohibited from acting in certain cases. 9. Surrogates, &c. how appointed. 10. Tenure of their offices. 11. Supreme court commissioners required to be counsellors at law. $ 1. The chancellor, the justices of the supreme court, and the circuit judges, the judges of county courts, the recorders of cities, and masters and examiners in chancery, are nominated by the governor, and appointed by him, with the consent of the senate. The chief justice and associate judges of the superior court of law, in and for the city and county of New-York, shall be nominated and appointed in the same manner.27 28 $ 2. The chancellor, the justices of the supreme court and the circuit judges, hold their offices during good behaviour, or until they respectively attain the age of sixty years; but may be removed by a joint resolution of the two houses of the legislature, if such resolution be concurred in by two-thirds of all the members elected to the assembly, and a majority of all the members elected to the senate.2 $ 3. Neither the chancellor, nor a justice of the supreme court, nor a circuit judge, can hold any other office or public trust; and all votes given to either of them, for any elective office, either by the legislature or the people, during his continuance in his judicial office, are void. 29 $4. Judges of county courts, recorders of cities, the first judge of courts, &c. the court of common pleas in the city and county of New-York, the chief justice and associate judges of the superior court of law in and for the said city and county, hold their offices for five years; but may be removed by the senate, on the recommendation of the governor, for causes to be stated in such recommendation.30 Vacancy in office of first judge. Masters and examiners in chancery. Qualifica tions of mas $5. If the office of first judge in any county shall become vacant, the governor, in his nomination to the senate, of a person to supply such vacancy, shall designate him as first judge of such county. $6. Masters and examiners in chancery hold their offices for three years; but may be sooner removed by the senate, on the recommendation of the governor.31 $7. No person shall be appointed a master in chancery, who shall ters in chan- not be, at the time of such appointment, of the degree of counsellor of the supreme court, or of solicitor or counsellor in the court of chancery.3 cery. 32 (29) Cons. art. 5, § 7. (30) Cons. art. (31) Cons. art. 4, § 12. (32) Laws of (27) Cons. art. 4, § 7 & 12, and laws of 1828, chap. 137, March 31, 1828, § 2; lb. chap. 321, § 1. (28) Cons. art. 5, § 3 & 5, and art. 1, § 13. 5, § 6, and laws of 1828, chap. 321, April 21, 1828. 1818, p. 44, § 3. ART. 2. Masters and $8. No master or examiner in chancery shall act as such, either in the court of chancery, or in any of the equity courts of this state, in any cause or matter in which he shall be solicitor or counsel, or examiners which shall be prosecuted, defended, or in any manner managed or di- certain cases. rected, by any solicitor or counsellor, with whom such master or examiner shall be directly or indirectly connected in business.33 not to aet in &c. how ap $9. Surrogates; supreme court commissioners; commissioners of Surrogates, deeds within the city and county of New-York, and in the several pointed. cities of this state; notaries public; justices of the marine court in the city of New-York; justices of the justices' court in the cities of Albany and Hudson, and all other justices in cities, except those of whom the constitution directs the mode of appointment, shall be nominated by the governor, and appointed by him, with the consent of the senate.34 their offices. $10. The justices of the marine court in the city of New-York, Tenure of shall hold their offices for five years; all the justices mentioned in the preceding section, and surrogates, shall hold their offices for four years; the other officers named in the preceding section, shall hold their offices for two years.34 $11. No person shall be appointed a supreme court commissioner, Supreme unless he be at the time a counsellor at law of the supreme court. court commissioner. Hudson and $ 12. The marshal of the city of Hudson, and the marshal of the Marshals of city of Troy, shall be appointed by the governor, with the consent of Troy. the senate, and shall hold their offices respectively for three years.3 ARTICLE SECOND. Of Judicial Officers appointed by Courts of Justice. 35 SEC. 13. Clerk of oyer and terminer in New-York how appointed and tenure of his office. 15. District attornies how appointed. Must be counsellors. 1. Tenure of office of clerks and district attornies. 1. Registers in chancery how appointed; tenure of their offices. 18. Reporters how appointed; tenure of their offices. 19 Must be counsellors of five years standing. 20. Counsellors, solicitors and attornies how appointed. 21. Supreme court and chancellor to prescribe rules and regulations as to appointment of counsellors, &c. 22. Solicitors and counsellors licensed in chancery, authorised to practice in all the courts of equity. 23 Counsellors, &c. may be removed or suspended; tenure of their offices. 24. Causes of removal. 25. Effect of removal. 26. Clerks and registers prohibited from practising as counsellors, &c, 27. Sheriffs and coroners also prohibited. 28 Other officers of courts how appointed. and termiger § 13. The clerk of the court of oyer and terminer and general ses- Clerk of sions of the peace in the city and county of New-York, is appointed in New (33) Laws of 1824, 38, § 2. (34) Laws of 1823, p. 62, § 7 & 8; Ib. p. 243, § 1. (35) Laws of 1824, p. 315, § 1, as to Troy. York. TITLE 4. by, and holds his office during the pleasure of the court of general sessions of the peace in that city.36 Other clerks of courts. District attornies how appointed. Clerks and district attor $ 14. Clerks of courts, except those whose appointment is otherwise provided for, are appointed by the courts of which they respectively are clerks.37 The clerk of the mayor's court of the city of Hudson, shall, by virtue of his office, be clerk of said city. S15. District attornies are appointed by the judges of the county courts of the respective counties. No person shall be appointed a district attorney, unless he be at the time a counsellor at law of the supreme court; but if there be no such counsellor residing in the county, or none willing to accept the office, an attorney at law may be appointed. 38 $ 16. Such clerks appointed by courts, and district attornies, hold nies, tenure of their offices for three years, but may be sooner removed by the court appointing them.39 their offices. Registers in chancery. Reporters. Ib. Counsellors, &c. lb. 1b. their authority. office. $17. The register and assistant-register in chancery, are appointed by the chancellor, and hold their offices during his pleasure.40 $18. The state reporter shall be appointed by the lieutenant-governor, the chancellor and chief justice, and hold his office during their pleasure. The reporter in chancery shall be appointed by, and hold his office during the pleasure of, the chancellor.41 $ 19. No person shall be appointed a reporter, who shall not be, at the time of his appointment, a counsellor at law or in chancery, of at least five years standing. $20. Counsellors, solicitors and attornies, shall be appointed and licensed to practise by the several courts of law and equity in which they intend to practice. Their licenses shall be signed by the chancellor, chief justice, or presiding judge of the courts by which they shall respectively be appointed. 42 $21. The supreme court shall prescribe the rules and regulations under which counsellors and attornies shall be appointed and licensed in that court, and the chancellor, those under which counsellors and solicitors shall be so appointed and licensed in the court of chancery, and the several courts of equity.42 $22. All solicitors and counsellors, licensed in the court of chancery, shall be authorised to practice as such in all the courts of equity.42 Ib. tenure of $23. Counsellors, solicitors and attornies may be removed or suspended by the several courts in which they shall be appointed; (36) Cons. art. 4, § 13. (37) Cons. art. 4, § 9. (38) Laws of 1818, p. 306, § 4; 1824, p. 314, § 2. (39) Cons. art. 4,§ 9. (40) lb. § 12. (41) Laws of 1823, p. 208 § 3; 1825, p. 385. (42) Laws of 1823, p. 215, § 19. but subject to such removal and suspension, they hold their offices ART. 3. during life.43 &c. their re $24. Any counsellor, solicitor or attorney, may be removed or Counsellors, suspended, who shall be guilty of any deceit, mal-practice or misde- moval. meaneor;44 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 defence. $25. The removal or suspension of any counsellor, solicitor or at-1. torney, by the chancellor or the supreme court, from their respective 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. not practice. $26. No clerk, deputy clerk, register, assistant-register, or depu- who may ty-register of any court, shall, during his continuance in office, practice in such court as a counsellor, solicitor or attorney." $27. No sheriff, under-sheriff, deputy-sheriff, sheriff's clerk, or . coroner, shall, during his continuance in office, practice as a counsellor, solicitor or attorney, in any court of law or equity.45 of courts how $28. All officers of courts, other than those above mentioned, Other officers shall be appointed by the courts of which they shall respectively be appointed. officers, and shall hold their offices during the pleasure of the court so appointing them. ARTICLE THIRD. Of Judicial Officers appointed by the Local Authorities of a SEC. 29. Commissioners of deeds in towns to be appointed by judges of county courts and 30. Supervisor ineligible. 31. Tenure of the office; how removed. 32. Causes of removal to be assigned. 33. Notice thereof to be given. 34. Special and assistant justices in New-York how appointed; and tenure of office. $29. Commissioners of deeds in each town of the state shall be Commissionappointed in the manner following: 1. The judges of the county courts and the board of supervisors, in each county, shall meet in separate chambers on the day and at the place, of the annual meeting of the board of supervisors in their respective counties. 2. Each body, when so met, shall nominate in separate lists, the number of persons then to be appointed commissioners of deeds, in the several towns of the county. 3. They shall meet together, for the purpose of comparing their respective nominations, on the same day, or on the day following that on which such nominations shall have been made. (43) 1 R. L. 417, § 5. (44) 1 R. L. 417, § 5. (45) Ib. § 10. ers of deeds how appoint. ed. |