newed security to be passed. (Const. Art. 4, Sec. 8.)

NOTE XXV. P. 50.-B. B.

The 10th Section of the charter has undergone great alterations.

It provided that the Governor with the advice of the Council of the province, should appoint annually on the feast day of St. Michael, the Mayor, Sheriff and Coroner of the city. That mode of appointment continued until the Revolution, when the power of appointing those officers was, by the constitution of 1777, vested in the Governor and Council of Appointment, and was to continue there until otherwise directed by the Legislature. The power remained in the Council until the amended constitution of 1821, when the Mayor was directed to be appointed annually by the Common Council, and the Sheriff and Coroner, as well as the Register and Clerk of the city, to be chosen triennially by the electors in the city. (Const. Art. 4. Sec. 8, and see also R. S. Vol. 1, 112.) The Mayor continued to be appointed by the Common Council until the Act of March 3d, 1834, ch. 23, directed that he be annually elected by the electors of the city, qualified to vote for charter officers.

The Aldermen, Assistants, Assessors, Collectors and Constables were by the charter directed to be annually elected on the feast day of St. Michael (29th September) by the freemen of the city being inhabitants, and by the freeholders of each ward respectively, from among themselves. This provision continued until the act of March 21st, 1800, ch. 35, when the time for the election of charter officers was, on the petition of the corporation, changed from the 29th of September to the 3d Tuesday in November. The time for charter elections was again changed by the act of April 7th, 1830, ch.

122, amending the charter, to the 2d Tuesday in April annually, where it still remains.

The act of 1800 confined the qualifications of electors to those prescribed by the charter; and to guard against abuse and fraud, the act required the freehold elector to have been one for a month next preceding the election; and the elector who voted as a freeman of the city, to have been admitted as such at least three months previously, and to have actually resided in the ward for which he voted, at least for one month before the day of election.

But further and essential inroads upon the charter were made by the act of April 5th 1804, chapter 62. Those officers who were to be appointed annually by the council of appointment on the charter day, might be appointed at any time during the session of the legislature in each year. The qualification of the electors, instead of being confined to freeholders and freemen under the charter, was enlarged so as to include every male citizen of 21 years of age and upwards, who should have resided in the city for the space of six months preceding the election, and rented a tenement of the yearly value of $25, and have paid

taxes.

This act was passed without the application or consent of the Mayor, Aldermen, and Commonalty of the city, and it was objected to in and by the council of revision, but was passed notwithstanding their objection. The objection was drawn by the elder Governor Clinton, and supported by him and a majority of the council, on the ground that no strong public policy or necessity indicated the measure; and that it had been considered as a settled and salutary principle in the government, that charters of incorporation, containing grants and privileges, were not to be essentially affected without the consent of the parties, or without

due process of law. In confirmation of the fact, many previous statutes since the revolution, relative to the corporations of the cities of New-York, Albany, and Hudson, were referred to, in which alterations in their charters had been made upon the application of the corporations, or with a saving of rights held by their charters.

The section now under review further directed that the Chamberlain and High Constable of the city, should be annually appointed by the Mayor and four or more Aldermen and Assistants in Common Council. The appointment of those officers remains in the Common Council, where the charter had placed it, and the Chamberlain is the County Treasurer, with the responsibilities attached to that office. (R. S. vol. 1, 370.) The provision in the charter that the Mayor, Sheriff, and all other officers, were to continue in office until other fit successors were respectively appointed and qualified, is now by law extended to all officers duly appointed, except the Chancellor, Judges of the Supreme Court, and Circuit Judges. (R. S. vol. 1, 117.) It was further provided by the charter that in case the Mayor, Sheriff, or Coroner, should die within the year, the Governor and Council of the province were to appoint a successor for the remainder of the year.

The mode of supplying vacancies under the charter was plain, but the present law on the subject does not appear to be in all respects sufficiently so.

As to the office of Mayor, the act of April 7th 1830, chapter 122, amending the charter, directed the President of the board of Aldermen to act as Mayor whenever there should be a vacancy in the office, or the Mayor should be absent from the city, or be prevented by sickness, or any other cause, from attending to the duties of the office. He was to act during the contin

uance of such vacancy, absence, or disability. There is no provision by law for a special election of a new Mayor within the year, in case of his death. The President of the board of Aldermen supplies his place. for the residue of the year. Here is no difficulty.

As to the office of Sheriff, the act of April 24th, 1823, chapter 268, provided for a special election in the case of a vacancy in that office, as well as in that of Register or Clerk of the city, happening within the prescribed term of service. But all such special elections were done away by the Revised Statutes, unless the right of office of the person elected should cease before he commenced his service. (Vol. 1, 126, sec. 6, 8.) They declare that all vacancies in those offices were to be supplied at the next general election; and vacancies in the office of Clerk or Register, otherwise than by death, were to be supplied by the Governor, who is to appoint some fit person to execute the duties of the office, until the vacancy is supplied by an election. (R. S. vol. 1, 124, sec. 49.) There does not appear to be any specific provision for supplying the vacancy occurring by death in the office of Register or Clerk, until the next general election thereafter for the city officers. The statute (R. S. vol. 1, 379, sec. 72. Ibid. 380, sec. 78) provides that the under Sheriff shall supply the Sheriff's place whenever a vacancy in the office occurs. The vacancy here must mean by death or removal from office, but if the Sheriff be otherwise totally disabled to execute the office, the provision for the case does not seem to be explicit. There appears also to be a want of explicitness or provision for the case of the death of the Coroner. There is no provision for supplying a vacancy arising from that cause, prior to the next succeeding general election, unless in the rare occurrence that a vacancy proper to be supplied at a general election was not so

supplied, and then there is to be a special election. (1. R. S. 128, sec. 9.) The act of April 12th, 1822, Sec. 4, followed the charter and directed only one Coroner to be elected in New-York; and by the Revised Statutes (vol. 1, 122) he is directed to be elected at the same general election as Sheriff. In the case of the absence or inability of the Coroner, any Alderman or special Justice may perform the duties of the office, during such absence or inability. (R. S. vol. 2, 743, sec. 9.) Still the occurrence of his death within the year, does not seem to be provided for.

NOTE XXVI. P. 52.-C. C.

The 11th Section provided for supplying vacancies happening within the period of the regular appointment or election, in the office of Alderman, Assistant, Collector, Constable, Chamberlain, and High Constable by a special election or appointment. The provision is supplied by new statute regulations. Thus by the act of the 7th of April, 1830, Ch. 122, a special election is to be ordered by the Board of Aldermen or Assistants as the case may be, for supplying within the year, the vacancy in the office of Alderman or Assistant, by death removal from the city, resignation or otherwise.

The act of April 8, 1813, Ch. 86, Sect. 13, provided that if any of the Aldermen, or other officers of the city, chosen by the people, as charter officers, should refuse to serve, die, or remove out of the city before his time of service expires, and the office becomes vacant, the Common Council were to order a special election to supply the vacancy. The same provision was in the act of Feb. 23d, 1787, regulating the election of charter officers, and it applied specially to Aldermen, Assistants, Assessors, Collectors, and Constables.

There is no other provision that I am aware of, for