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Article X, 8 1

ARTICLE X

Sherits, clerks, district attor neys and

1 Section 1. Sheriffs, clerks of counties, district attorneys, and County 2 registers in counties having registers, shall be chosen by the 3 electors of the respective counties, once in every three years registers; 4 and as often as vacancies shall happen, except in the counties term, etc. 5 of New York and Kings, and in counties whose boundaries 6 are the same as those of a city, where such officers shall be 7 chosen by the electors once in every two or four years as the 8 Legislature shall direct. Sheriffs shall hold no other office, 9 and be ineligible for the next term after the termination of 10 their offices. They may be required by law to renew their 11 security, from time to time; and in default of giving such 12 new security, their offices shall be deemed vacant. But the 13 county shall never be made responsible for the acts of the 14 sheriff. The Governor may remove any officer, in this section Removal by 15 mentioned, within the term for which he shall have been 16 elected; giving to such officer a copy of the charges against 17 him, and an opportunity of being heard in his defense.

governor

Source

Const. 1821, Art. IV, & 8; amended, Const. 1846, Art. X, 81; amended,

Const. 1894, Art. X, 8 1. See also Const. 1777, Articles XXVI and

XXVIII.
Lincoln's Constitutional History

For history of this section and its judicial construction, with special

reference to the governor's power of removal, see IV:721-733. References to constitutional conventions.

1777. Sheriffs, terms, 1:536.
1821. County officers, election, I:671; terms, 1:673; removal,

I:674. District attorney, selection, I:672; removal, 1:674.
1846. County officers, selection, terms, removal, II:208–209.

County's liability for sheriff's acts, II:208.
1894. Abolition of office of coroner as a constitutional office, and

changing terms, III:580-581. Debates of constitutional conventions

1821. Sheriff, selection and removal, 384-392 (Oct. 9-10).
1846. County officers, selection and removal, 1006-1009 (Sept. 29).

1 For references to various matters relating to the subject matter of this section, see Supplemental Notes following Article XV, post, under the titles Appointment, power of, Removal, power of, and County officers.

Article X, 8 2

1867. County officers, removal, II:903-923. County's liability for

sheriff's acts, V:3653. District attorney, appointment by governor, 1:757; by court, II:1001-1004. Registers, exception in Kings county, II:999–1001. Sheriffs, removal, 1:322–324; term, II :923–

927, 1004_1005; security to be given, II:923-927. 1894. Abolition of coroner and changing official terms, I:837–854;

IV:384-393, 1139–1156. Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional

Amendments, Overtures Nos. 6–339 (Int. 6),2 38, 56, 89, 285 (Int.

283), 337 (Int. 329), 337–428 (Int. 329), 358 (Int. 319). In the legislature, 1895–1914: see Part II, post, pp. 231-235.

1 § 2. All county officers, whose election or appointment is 2 not provided for by this Constitution, shall be elected by the 3 electors of the respective counties or appointed by the boards 4 of supervisors, or other county authorities, as the Legislature 5 shall direct. All city, town and village officers, whose election 6 or appointment is not provided for by this Constitution, shall 7 be elected by the electors of such cities, towns and villages, 8 or of some division thereof, or appointed by such authorities 9 thereof, as the Legislature shall designate for that purpose. 10 All other officers, whose election or appointment is not pro11 vided for by this Constitution, and all officers, whose offices 12 may hereafter be created by law, shall be elected by the 13 people, or appointed, as the Legislature may direct.

Election or appointment of officers when not provided for by constitution

Sourco

Const. 1821, Art. IV, $ 15; amended, Const. 1846, Art. X, $ 2. See

also Const. 1777, Articles XXIII and XXIX; amendment of 18264
relating to justices of the peace; amendment of 18334 relating to

mayors.
Lincoln's Constitutional History

For the judicial construction of this section with special reference to

the validity of statutes creating offices and distributing the power

of appointment, see IV :734-757. For detailed historical discussion of the subject of home rule and its

development in this colony and state, see III:607–652. References to constitutional conventions.

1777. 1:536. 1846. II:208-209.

• This overture was adopted by the convention and accordingly became a part of the Constitution.

3 For references to various matters relating to the subject-matter of this gection, see Supplemental Notes following Article XV, post, under the titles County officers, and Mayor.

4 For the text of the constitutional amendments of 1826 and 1833, see Lincoln's Constitutional History, 1:222, 223.

Article X, 5

Debates of constitutional conventions

1846. 1011-1012 (Sept. 30). 1867. IT:927-930, 1005-1007. Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional

Amendments, Overtures Nos. 223 (Int. 221), 305 (Int. 299).
In the legislature, 1895–1914: see Part II, post, p. 236.

1 § 3. When the duration of any office is not provided by this Duration of
2 Constitution, it may be declared by law, and if not so declared,
3 such office shall be held during the pleasure of the authority
4 making the appointment.

Source

Const. 1777, Art. XXVIII; amended, Const. 1821, Art. IV, § 16;

amended, Const. 1846, Art. X, $ 3.
Lincoln's Constitutional History

For history of this section and court decisions construing it, see IV:
757-760.

.
Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional

Amendments, Overture No. 61.
In the legislature, 1895–1914: see Part II, post, p. 236.

1 § 4. The time of electing all officers named in this article Time of 2 shall be prescribed by law.

elections: legislature to Ax

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Source

Const. 1821, Art. I, § 15, Art. IV, & 15; amended, Const. 1846, Art.

X, $ 4. See also Const. 1777, Art. XXIX. In relation to mayors
see Const. 1777, Art. XXIII; Const. 1821, Art. IV, $ 10; amend-

ments of 18335 and 1839;5 Const. 1891, Art. XII, & 3. Texts of proposed amendments

In the legislature, 1895–1914: see Part II, post, p. 237.

in omce

1 $ 5. The Legislature shall provide for filling vacancies in vacancies 2 office, and in case of elective officers, no person appointed to 3 fill a vacancy shall hold his office by virtue of such appoint4 ment longer than the commencement of the political year next 5 succeeding the first annual election after the happening of the 6 vacancy.

Source

Const. 1846, Art. X, $ 5.

5 For text of the constitutional amendments of 1833 and 1839, see Lincoln's Constitutional History, 1:223, 224.

Article X, § 6

Lincoln's Constitutional History

For court decisions construing this section, see IV:761-763.
Debates of constitutional conventions

1867. II:1363–1365.

Political year; legis

1 § 6. The political year and legislative term shall begin on lative term 2 the first day of January; and the Legislature shall, every year,

3 assemble on the first Wednesday in January.

Source

Const. 1821, Art. I, § 14; continued without change in Const. 1846,

Art. X, $ 6; amended, Const. 1894, Art. X, $ 6.
Lincoln's Constitutional History

For judicial construction of this section, see IV:764.
References to constitutional conventions.

1821. Political year, I:640. 1867. Sessions, II:324-325. 1894.

Day of assembling, III:581.
Debates of constitutional conventions

1821. Political year, 121-122 (Sept. 10). 1846. Sessions, 431–436

(July 2). 1867. Sessions, II:1289–1293. 1894. Day of assem

bling, II:688–689.
Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional

Amendments, Overture No. 444 (Int. 385).
In the legislature, 1895–1914: see Part II, post, pp. 237-238.

Removals from otce

1 $ 7. Provision shall be made by law for the removal for mis2 conduct or malversation in office of all officers, except judicial, 3 whose powers and duties are not local or legislative and who 4 shall be elected at general elections, and also for supplying 5 vacancies created by such removal.;

Source

Const. 1846, Art. X, 8 7.
Texts of proposed amendments

In the legislature, 1895–1914: see Part II, post, p. 238.

Vacancies: 1 8 8. The Legislature may declare the cases in which any office when legislature may 2 shall be deemed vacant when no provision is made for that

determine

3 purpose in this Constitution.
Source

Const. 1846, Art. X, 8 8.

8 This overture was adopted by the convention and accordingly became a part of the Constitution.

7 See Supplemental Notes following Article XV, post, under the title Removal, power of,

Article XI, § 1

Lincoln's Constitutional History

For judicial construction of this section, see IV:764–765. Texts of proposed amendments

In the legislature, 1895–1914: see Part II, post, p. 238.

tion of con

officers

1 § 9. No officer whose salary is fixed by the Constitution Compensa2 shall receive any additional compensation. Each of the other stitutional 3 state officers named in the Constitution shall, during his con4 tinuance in office, receive a compensation, to be fixed by law, 5 which shall not be increased or diminished during the term 6 for which he shall have been elected or appointed; nor shall 7 he receive to his use any fees or perquisites of office or other 8 compensation.

Sourco

Amendment of 1874, Art. X, $ 9.
Lincoln's Constitutional History

For comment on this section, see IV:765.
References to constitutional conventions and commissions.

1872. II:562-563.
Debates of constitutional conventions

1846. Fees prohibited, 504, 517-520 (Aug. 4-5). Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional

Amendments, Overture No. 49–366-378 (Int. 49).
In the legislature, 1895–1914: see Part II, post, p. 239.

ARTICLE XI 1

Militla, how con

1 Section 1. All able-bodied male citizens between the ages 2 of eighteen and forty-five years, who are residents of the State, stituted 3 shall constitute the militia, subject however to such exemp4 tions as are now, or may be hereafter created by the laws of 5 the United States, or by the Legislature of this State.

Source

Const. 1821, Art. VII, & 5; amended, Const. 1816, Art. XI, § 1;

amended, Const. 1894, Art. XI, § 1. See also Const. 1777, Art.

XXIV.
Lincoln's Constitutional History

For historical sketch of the statutes and constitutional provisions in

this colony and state relating to the militia, with general comments on the subject, see III :582-605, and IV :765–766.

1 For the subject of pensions for military service, see Supplemental Notes following Article XV, post, under the title Pensions.

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