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§ 209. The commissions of all other officers, Other conwhere 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." 1 R. S., 330, § 22.

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§ 211. Members of the legislature may take the

oath of office at any time during the term which they were elected.

1 R. S., 331, § 35.

Oath of

members of legisla



When to be taken.

Before whom.

Before whom taken.



§ 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 of any court of record.

Ib., § 24.

§ 214. The oath of justices of the peace and 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,

state engineer and surveyor, state assessors, bank superintendent, insurance superintendent and superintendent of public instruction; of the members of the senate and assembly, and of the clerks, sergeants-at-arms and doorkeepers thereof; of the canal commissioners, and all other executive officers, whose authority is not limited to any particular district or county, in the office of the secretary of state;

2. The oath of attorneys and counsellors must be taken before the court admitting them, and filed in the office of the clerk;

3. The oath of clerks of courts in their respective offices;

4. The oath of notaries public, superintendents of canal repairs, and collectors of canal tolls, and of all judicial and executive officers appointed or elected for any county or city, and of all officers whose duties are local, or whose residence in any particular district or county is prescribed by law, in the offices of the clerks of their respective counties.

1 R. S., 330, § 27.


§ 216. Deputies must, within fifteen days after Oath of their appointment, take and file an oath in the manner required of their principals.

1 R. S., 331, § 28.

Filing bonds.

Notice of neglect.

Notice of neglect.

Effect of bond.

Sureties, when exempt.

§ 217. Every official bond must be filed in the proper office within the time above prescribed for filing the oath, unless otherwise expressly provided by statute.

1 R. S., 331, § 29.

§ 218. If any officer who is required to file his oath or bond with the secretary of state or with a county clerk, neglects to do so within the time required, it is the duty of such secretary or clerk immediately to give notice thereof to the governor. And when a justice of the peace neglects to file his oath, the county clerk must also give notice to the supervisor of the town.

Ib., § 30.

§ 219. Whenever any officer who is required to file his bond with the comptroller neglects to do so within the time required, the comptroller must immediately give notice thereof to the governor, in case the officer was commissioned by him, and if otherwise, to the person or body which appointed the officer.

Ib., § 31.

§ 220. Every official bond continues in force so long as the officer continues to discharge the duties of his office, and until his successor is duly qualified.

Ib., § 32.

§ 221. But the sureties in such bond shall be exonerated from liability for acts or omissions of

their principal, after he has duly renewed his official bond, pursuant to law.

1 R. S., 331, § 33.

acting without oath or


§ 222. If any person execute any of the func- Penalty for tions of an office without having taken and duly filed the required oath of office, or without having executed and duly filed the required bond, he shall forfeit the office, and is guilty of a misde


Ib., § 34.

§ 223. It is the duty of every officer of the state to maintain and defend its sovereignty and


1 R. S., 5th ed., 84, § 2.

Duty to

maintain the sover

eignty of

the state.




SECTION 224. Resignations, to whom made.

225, 226. Governor's power of removal.

227. Breach of official bond.

228. Suspension of treasurer.

229. Suspension by governor, and senate's power of removal.

230. Removal of certain other officers for cause.

231. District attorney to inquire into charges.

232. Vacancies, how occurring.

233. Notice of conviction.

234. Duty of governor.

235. 236. Temporary appointments by the governor.

237. Power of governor to fill vacancies.

238. Vacancies in certain offices.

239. Vacancy in office of canal commissioner.

240. Vacancy in office of commissioner of excise.

241. Vacancy in office of police commissioner.

242. Vacancy in office of New York health commissioner.
213. Vacancies not otherwise provided for.

244. Officers chosen to fill vacancies.

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