SECTION IV. COUNTIES. How are counties erected? By the legislature. What are the names of the county officers? Sheriff, county clerk, county treasurer, district attorney, superintendent of poor, loan commissioner, county sealer of weights and measures, four coroners, county judge, keeper of penitentiary or jail, at least one school commissioner for each county, and a surrogate, wherever the population of the county exceeds forty thousand. How are they elected? By ballot, at the general annual election, except county sealer of weights and measures, and the keeper of penitentiary or jail, who are appointed by the board of supervisors. How long do they hold their offices? The loan commissioners hold their office two years, the judges and surrogate four years, and all others for a term of three years. Can a sheriff hold any other office? He can not, and is ineligible to the office again for three years succeeding his term of service. What are the general duties of the sheriff? He must file an oath of office in the county clerk's office, and give a bond in the sum of ten thousand dollars; he shall have custody of the jail of his county; he may call out militia to aid in serving process; he must be present in person or by under-sheriff at the drawing of jurors, and must summon the same; he must execute and return process; he must send to the secretary of state a report of convicts, &c.; he must keep an office for service of papers. Can he act as counsellor? He can not. May he be removed from office? Yes, on charges. By whom? The governor. May he resign? In N. Y. county it is twenty thousand dollars. He may. To whom? To the governor. How may a vacancy be supplied? By appointment from the governor until the next general election. How is the county clerk elected? By the people, at the general annual election; and he must reside in the county for which he is elected. Where must his oath of office be filed? In the office of the clerk of the county for which he is elected, on or before the fifteenth day of January following his election. Must he appoint a deputy? Yes. For how long a term is he elected? Three years, and shall act until a successor be chosen. How is he paid? By fees. What are his general powers and duties? He must procure a seal, to be used by him in all cases requiring his official seal; such seal is to be the seal of the county court, and supreme court, except in New York county; his office must be kept within one mile of the court-house, and must be kept open every day in the year, except Sundays and the fourth of July, from 9 A. M. till 12 M., and from 2 P. M. till 5 P. M.; he is to be clerk of supreme court, court of oyer and terminer, and circuit courts, county courts, and courts of sessions, except in New York; he must attend the drawing of jurors, and make return of jurors; he may take affidavits; he must record conveyances and mortgages, and keep indexes to books on record, &c. May the governor remove the clerk from office? How may a vacancy be supplied? By appointment from the governor; but the consent of the senate is necessary, if in session. How is the county treasurer elected? By the people, at the general annual election. For how long a term is he elected? Three years, the term to commence the first Tuesday in August. Must he take an oath of office, and give a bond the amount to be fixed by the board of supervisors? Yes, and file the same in the county clerk's office, the bond to be filed by the fifteenth of December. What are his general duties? To receive and pay out moneys of the county, keep an account of receipts and expenditures, transmit annually to the comptroller an account of moneys belonging to the state, and to exhibit his books and accounts. to the supervisors. How is he paid? He is to receive one half of one per cent. on money he receives, and one half of one per cent. on money he disburses, but his commission is not to exceed five hundred dollars in one year. How may a vacancy in office be supplied? |