PART III. CONSTITUTIONAL PROVISIONS, AND STATUTES THEIR CIVIL CAPACITY. PROVISIONS RELATING TO THE ELECTION, RESIDENCE, QUALIFICATION, tion, as to 13. But no person shall hold the office of justice or Restricjudge of any court longer than until and including the last day of age." December next after he shall be seventy years of age. the peace. § 18. The electors of the several towns shall, at their annual town Justices of meeting, and in such manner as the legislature may direct, elect justices of the peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired term. Their number and classification may be regulated by law. Justices of the peace and judges or justices of inferior courts not of record, and their clerks may be removed after due notice and an opportunity of being heard, by such courts as may be prescribed by law, for causes to be assigned in the order of removal. Justices of the peace and district court justices shall be elected in the different cities of this State, in such manner, and with such powers, and for such terms, respectively, as shall be prescribed by law; all other judicial officers in cities whose election or appointment is not otherwise provided MANUAL. No judi cial officer, except jus for in this article, shall be chosen by the electors of cities, or appointed by some local authorities thereof. § 21. No judicial officer, except justices of the peace, shall re tice of the ceive to his own use any fees or perquisites of office; peace, to receive fees. [From article vi of the constitution of the State.] * * * Classifica tion of the civil officers. Justices. Justices in towns. Justices in new Lowns. Id. Election. SECTION 1. There shall be elected or appointed, in the manner hereinafter declared or prescribed, the following civil officers, who shall be arranged in classes to be denominated legislative, executive, judicial and administrative; but this classification shall not be construed as defining the legal powers of the officers, that shall be assigned to either class: Four justices of the peace for each town in the State. [1 R. S., 95, § 1 (1 Edm., 86, 88). Special statutes change the number in certain towns and cities. See L. 1848, ch. 155; L. 1851, ch. 40; L. 1852, chs. 7 and 16; L. 1853, ch. 3; L. 1854, chs. 44, 20, 31 and 94; L. 1856, ch. 12; L. 1857, ch. 130 and 665; and the charters of cities.] § 35. There shall be four justices of the peace in each town, divided into four classes, one of whom shall be annually elected in the manner prescribed in chapter sixth of this act. Each justice hereafter chosen, shall hold his office for four years, except when elected to fill a vacancy, or on the erection of a new town as hereinafter prescribed; and may be removed by the judges of the county courts. [6 Cow., 645. The statute on p. 379, post, supersedes the last clause.] § 37. Whenever a new town shall be erected, an election for justices therein shall be held at the next general election thereafter, unless a special election shall be directed by law. § 38. If there be one or more justices then residing in such new town, they shall be deemed justices thereof, and shall hold their offices according to their respective classes; and only so many justices shall be chosen as shall be necessary to complete the number of four for such town, [21 Wend., 563.] of meeting mine classes. § 39. After the election of justices in such new town, the super- Id. ; notice visor thereof shall, within six days after the completion of the can- to detervass by the county canvassers, give notice in writing, to the justices elected and to the town clerk, of the time and place where he will meet them, to determine by lot the classes of such justices; which notices shall be served at least six days, and not more than twelve, previous to the time appointed therein for such meeting. classes, how deter mined. § 40. At the time and place so appointed, the supervisor and town Id; clerk shall cause to be written on separate pieces of paper, as near alike as may be, the numbers one, two, three, four, if there shall have been four justices elected, and shail cause them to be rolled up as nearly alike as may be, and deposited in a box. The persons elected justices shall severally draw one of the said pieces of paper, and shall be classed according to the number written on the paper so drawn by him, and shall hold his office for such number of years, either one, two, three, or four, as shall correspond with such number so drawn. § 41. If less than four justices shall have been chosen, then bal- Id. lots shall be prepared as above directed, with numbers written thereon, to correspond with the numbers of the classes which shall be vacant, and each person elected, shall, in like manner, proceed to draw one of the said ballots, and shall be classed according to the number so written on the ballot drawn by him, and shall hold his office according to such number. lect to at § 42. If any person elected a justice shall neglect to attend to 1d; neg such drawing, the supervisor shall draw for him. If the supervisor tend, etc. be absent from his town, or unable to serve, or his office be vacant, the town clerk shall give the notice herein required, and perform the duties enjoined on such supervisor. cates of drawing. § 43. Duplicate certificates of such drawing, and of the resuit Certifthereof, shall be made, and certified by the supervisor and town clerk, or such one of them as shall attend the same, one of which shall be filed with the town clerk and the other with the county When more than clerk, and shall be recorded by the said clerks in the books in which the canvasses of votes shall have been recorded: and shall be conclusive evidence of the respective classes, to which the persons so elected justices, belong. § 44. If by the erection of a new town or the annexing of a part four jus- of one town to another, there should at any time be more than four tices may hold their offices. Proceedings, when number reduced. Proceed ings, when unequal terms. justices residing in any town, they shall, notwithstanding, hold and exercise their offices in the town in which they reside, according to their classes respectively. But on the expiration of the term of office of two or more justices, being in the same class, only one person shall be elected to fill the vacancy in such class. § 45. Whenever, by the erection of a new town or the annexing of part of one town to another, any town shall be deprived of one or more justices, by their residence being within the part set off, the inhabitants of such town shall, at the next general election, supply the vacancy so produced in the classes to which such justices may belong and if two or more justices be elected, the same proceedings shall be had, as before directed, to determine their respective classes. 46. Whenever there shall be two or more justices chosen at any elected for election, one or more of whom shall be chosen to supply a vacancy, and one for the regular term, the class to which each justice shall belong, and the term for which he shall serve, shall be determined by lot, in the presence of the supervisor and town clerk, within the time and in the manner herein before directed; the same notice shall be given, the same proceedings had, and the result certified with the like effect as before declared. [The preceding sections 35-46 are 1 R. S., 111, 112, §§ 35-46 (1 Edm., 101102).] СНАР. 564. AN ACT relating to the election and appointment of town officers, and the transaction of other town business in counties containing upwards of three hundred thousand inhabitants. PASSED June 22, 1881; three-fifths being present. [Contains special provisions relating to the subjects specified in this title. As the act applies only to Kings county, it is deemed unnecessary to insert the same at length.] |