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CHAP. 356.

AN ACT concerning the election of justices of the peace.

PASSED May 4, 1829.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

be elected.

SECTION 1. Justices of the peace shall hereafter be elected by the When to people of the several towns of this State, at the times and in the manner prescribed by the eleventh chapter of the First Part of the Revised Statutes, for the election of supervisor and other town officers required to be elected by ballot.

town

clerk.

§ 2. The clerk of every town meeting, at which an election for Duty of justice of the peace shall have been had, shall, within ten days thereafter, transmit to the clerk of his county, a certificate of the result of such election, under his hand, which shall be evidence of the facts therein certified.

when to

duties.

§3. The persons so elected justices of the peace shall enter upon Justices the duties of their respective offices on the first day of January next enter on succeeding their election; and in case more than one justice shall be elected in any town at the same election, their term of office shall be determined by lot, in the manner provided by law, before the commencement of such term.

[L. 1829, ch. 356 (3 Edm., 39); 17 N. Y. 373; 25 Barb., 422. Section 1 refers to 1 R. S., 343 (1 Edm., 316).]

4

CHAP. 290.

AN ACT to amend an act entitled "An act concerning the election of justices of the peace," passed May 4th,

1829.

PASSED April 20, 1830.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

elected to

SECTION 1. Whenever one or more justices of the peace shall be Justices elected in any town in this State, to supply a vacancy or vacancies at supply

vacancies.

When

more than one is elected.

the time existing, or in any new town, such justice or justices may take the oath of office, and forthwith enter upon the duties thereof. § 2. In case more than one justice of the peace shall be elected in any town at the same election, their terms of office shall be determined by lot, within twelve days after their election, in the manner now provided by law.

[L. 1830, ch. 290 (3 Edm., 40); 17 N. Y., 373; 25 B., 424.]

Classification.

Ballots

how to be

written.

Who

СНАР. 270.

AN ACT relative to the election and classification of jus tices of the peace.

PASSED April 29, 1833.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

SECTION 1. When two or more persons shall be elected to the office of justice of the peace at any annual town-meeting, the one of whom shall be an incumbent of the office for a term not then expired, such incumbent shall be deemed elected for the regular term of four years, which will commence on the first day of January next following such election.

§ 2. When at any such town-meeting, except the first election in a new town, two or more persons are to be elected to the office of justice of the peace, it shall be lawful for each of the electors not voting for a person who may then be an incumbent of the office, to designate on his ballot the person intended for the regular term of four years, which will commence on the first day of January then next following, by the words, or words and figures, "Longest term,” "four years," or "4 years;" and the persons having the greatest number of votes, without any reference to such designation, shall be deemed duly elected.

§ 3. The person elected and having the greatest number of such elected for designations, shall be deemed elected for the regular term of four

deemed

full term.

Duty of

years.

§ 4. The presiding officer or officers at any annual town-meeting

officers.

at which justices of the peace shall be elected, shall determine presiding whether any, and what person, in pursuance of the foregoing sections, has been elected for the regular term of four years; which determination shall be made at the same time and with the like force and effect, as he or they may determine what persons are elected to the office of justice of the peace; and such determination shall be entered in the minutes of the proceedings of the meeting, and shall be publicly read, and shall be deemed notice of the result, in the same manner as is now provided by law in relation to the

canvass.

ation by

§ 5. Where no person shall be elected for the regular term of Determinfour years in pursuance of either of the preceding sections, the lot. classes of all the persons elected to the office of justice of the peace, at any such annual town-meeting, shall be determined by lot within the time and in the manner now prescribed by law.

6. Where one person shall have been elected for the regular Vacancies. term, in pursuance of the foregoing provisions, the other person or persons elected justices of the peace shall be deemed elected to fill the existing vacancy or vacancies; and in case of more than one existing vacancy, the classes of the persons elected to fill the same shall be determined by lot, within the time and in the manner now prescribed by law.

supervisor

and town

clerk.

7. Whenever there shall have been two or more justices chosen Duty of at any annual town-meeting during the present year, one or more of whom shall be chosen to supply a vacancy, and one for the regular term, and the class to which such justice shall belong shall not have been determined by lot in the manner and within the time now prescribed by law, it shall be lawful for the supervisor or town clerk, as the case may be, at any time on or before the first day of July next, to give the required notice, and to proceed to such determination in the same manner as if the same had been done within the time now prescribed by law.

§ 8. This act shall take effect immediately on the passing thereof; and it shall be the duty of the secretary of State to cause the same to be published without delay in the State paper, and in such other manner as he shall deem expedient.

[L. 1833, ch. 270 (3 Edm., 40).]

Justices.

Residence.

§ 12. Justices of the peace must reside in the town for which they were chosen ; and shall not try a civil cause in any other town except in cases otherwise provided for by law.

[1 R. S., 102, § 12 (1 Edm., 92); 9 Wend., 322; 21 Wend., 563.]

General disabilities.

District attorney

not to act as justice.

Qualification.

§ 1. No person shall be capable of holding a civil office, who, at the time of his election or appointment, shall not have attained the age of twenty-one years, and who shall not then be a citizen of this

state.

[1 R. S., 116, § 1 (1 Edm., 106); 3 W., 438. A town officer must also be an elector of the town. 1 R. S., 345, § 11 (1 Edm., 318).]

§ 5. No district-attorney shall act as a justice of the peace.

[L. 1852, ch. 304, § 5 (3 Edm., 336); 23 Wend., 502; 3 Wend., 438.]

Oath of office.

When to be taken.

Before

whom.

Official oaths and bonds.

civil

20. Every person who shall be elected or appointed to any office or public trust embraced in this chapter, before he shall enter on the duties of such office or trust, shall take the following oath or affirmation: "I do solemnly swear," or "affirm," as the case may be, "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."

§ 21. Whenever a different time shall not be prescribed by law, such oath of office shall be taken and subscribed, and deposited in the proper office, within fifteen days after the officer shall be notified of his election or appointment, or within fifteen days after the commencement of his term of office.

§ 23. The oath of justices of the peace and commissioners of deeds shall be taken before the clerk of the county for which they have been elected or appointed.

[2 B., 324.]

whom de

§ 24. Every such oath, duly certified by the officer before whom With the same was taken, shall be deposited within the time required by posited. law, as follows:

6. The oath of all judicial, executive and administrative 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 office of the clerk of the county in which they reside.

bond.

26. Whenever any officer is required by law to execute any oficial official bond, he shall cause the same to be filed in the proper office, within the time herein prescribed for filing his oath of office, unless otherwise provided by law.

neglect.

§ 27. In case any officer who is required to file the certificate of Notice of his oath of office, or his official bond, with the secretary of State or with any county elerk, shall neglect to do so within the time required by law, it shall be the duty of such secretary or clerk immediately to give notice of such neglect to the governor. And when any justice of the peace shall neglect to file the certificate of his oath of office, the county clerk shall also give notice of such neglect, to the supervisor of the town for which such justice was elected.

bond.

§ 29. Every bond executed by any officer pursuant to law for the Effect of faithful discharge of the duties of his office, shall be deemed to be in force and obligatory upon the principal and sureties therein, so long as such officer shall continue to discharge the duties of his office, and until his successor shall be appointed and duly qualified.

30. But the sureties in any such bond shall be exonerated from Id. all liability by reason thereof, for all acts or omissions, of their principal, after he shall have duly renewed any official bond, pursuant to law.

for acting

oath or

bond.

§ 31. If any person shall execute any of the duties or functions of Penalty any office, without having taken and subscribed the oath of office without required by law, or without having executed and filed in the proper office any bond required by law, he shall forfeit the office to which he may have been elected or appointed, and shall be deemed guilty of a misdemeanor punishable by fine or imprisonment.

[The preceding sections 20-31 are 1 R. S., 119-121, §§ 20-31 (1 Edm., 109-111). See 1 R. L., 385, § 11; 2 B., 324; 57 N. Y., 401.]

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