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in certain offices.

§ 238. When a vacancy exists, or a resignation Vacancies has been sent in and accepted, to take effect at a future day, in the offices of secretary of state, comptroller, treasurer, attorney-general, state engineer and surveyor, state prison inspector, clerk of the court of appeals, or canal commissioner, or superintendent of public instruction, while the legislature is in session, the two houses thereof, by joint ballot, shall appoint a person to fill the vacancy; and any person appointed by the governor to any of these offices (except state prison inspector) may be removed from such office by joint resolution of both houses of the legislature, and upon such removal both houses shall forthwith, by joint ballot, appoint a person to the office made vacant thereby.

1 R. S., 335, § 59.

canal commissioner.

§ 239. A vacancy in the office of canal commis- Vacancies sioner, existing during a recess of the legislature, is to be filled by the governor, by appointment, to be filed in the office of the secretary of state; and the appointee holds his office until the first of January after the next general election, unless the unexpired term sooner expire. When the unexpired term extends beyond the first of January after the next general election succeeding the happening of the vacancy, there shall be chosen at such election a canal commissioner, to enter upon the duties of the office on the first of January after

Vacancy in office of commis

sioner of excise.

Vacancy in office of police com

the election, and fill the same for the unexpired


1 R. S., 324, §§ 5 and 6.

§ 240. A vacancy in the office of commissioner of excise is filled for the unexpired term by the officers who are authorized to appoint.

Laws of 1857, ch. 628, § 1.

§ 241. The mode of filling vacancies in the missioner. office of police commissioner of the Metropolitan Police District, is prescribed by chapter 569 of the Laws of 1857, entitled "An act to establish a Metropolitan Police District, and to provide for the government thereof," passed April 15, 1857.

Vacancies in office of New York health com

Laws of 1857, ch. 569.

§ 242. The board of health may supply any missioner. Vacancy that may occur in the office of either of the health commissioners of the city of New York, whether arising from the temporary inability of the officer to discharge his duties or otherwise; but the person so appointed shall hold his office only until such inability be removed, or until an appointment.


not other

wise provided for.

§ 243. In every case where no other provision is made by law for filling a vacancy in any office, the same shall be filled by appointment of the governor for the residue of the unexpired term. But if the office is elective, the appointment, in such case shall only run to the first of January

succeeding the next general election after the happening of the vacancy; and if the unexpired term is one that continues beyond that time, it shall be filled at such election.

1 R. S., 335, § 59.

The provisions of 1 R. S., 316, §§ 33, 35, 326, § 18, vest in the supervisors the power of filling vacancies in the office of surrogate and recorder of New York, and in offices of county treasurers. The act of 1854 (Laws of 1854, ch. 96) directs a special election to fill a vacancy in the office of justice of the superior court of Buffalo. Those provisions we have omitted, leaving the cases to which they relate to be governed by this section.

chosen to fill vacan

§ 244. Any person chosen to fill a vacancy shall, Officers after taking his oath and executing the proper oies. bonds, possess all the rights and powers, and be subject to all the liabilities, duties and obligations, of the officer whose vacancy he fills.




SECTION 245. Possession of books and papers.

246. Proceedings to compel delivery.

247. Attachment and search warrant.

The provisions of this article are somewhat modified from 1 R. S., 335, §§ 60 to 66.

§ 245. Every public officer is entitled to the Possession

possession of all books and papers pertaining to

of books and papers.


ings to com

pel delivery


and search warrant.

his office, or in the custody of a former incumbent by virtue of his office. The willful conceal ment or withholding thereof, by any person, is a misdemeanor.

§ 246. If any person, whether a former incumbent or another person, refuse or neglect to deliver to the actual incumbent, any such books or papers, such actual incumbent may apply, by petition, to any court of record sitting in the county where the person so refusing or neglecting resides, or to any judge of the supreme court or county judge residing therein; and the court or officer applied to shall proceed, in a summary way, after notice to the adverse party, to hear the allegations and proof of the parties, and to order any such books or papers to be delivered to the petitioners.

§ 247. The execution of the order, and the delivery of the books and papers, may be enforced by attachment, as for a witness, and also upon warrant, at the request of the petitioner, directed to the sheriff or constable of the county, commanding him to search, in the daytime, for such books and papers, and to take and deliver them to the petitioner.



CHAPTER I. Rights over persons.

II. Rights over property.



§ 248. The state has the following rights over persons within its limits, to be exercised in the cases and in the manner provided by law :

1. To punish for crime;

2. To imprison or confine, for the protection of the public peace or health or of individual life and safety;

3. To imprison or confine, for the purpose of enforcing civil remedies;

4. To establish custody and restraint for the persons of idiots, lunatics, drunkards and other persons of unsound mind;

5. To establish custody and restraint of paupers, for the purposes of their maintenance;

6. To establish custody and restraint of minors unprovided for by natural guardians, for the purposes of their education, reformation and mainte


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