In re Carpenter
New York Supreme Court
The above named Hiram Carpenter and Joseph L. Snow presented a petition to Willard, justice, at chambers, under 1 R. S. 124, § 50, et seq., for an order, that George G. Scott and Cyrus Perry, late commissioners of loans for Saratoga county, deliver over to the petitioners the books and papers in their custody, appertaining to the said office.
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The above named Hiram Carpenter and Joseph L. Snow presented a petition to Willard, justice, at chambers, under 1 R. S. 124, § 50, et seq., for an order, that George G. Scott and Cyrus Perry, late commissioners of loans for Saratoga county, deliver over to the petitioners the books and papers in their custody, appertaining to the said office. The petitioners alledged that, being freeholders of said county, they were, on the 3d day of April, 1849, appointed by the governor, with the advice and consent of the senate, commissioners of loans for the county of Saratoga, in the place of George G.…
1Opinion of the CourtWillard, J.
The 2d section of the 10th article of the constitution of 1846, contains these words: “ All county officers whose election or appointment is not provided for by this constitution, shall be elected by the electors of the respective counties, or appointed by the board of supervisors or other county authorities, as the legislature shall directand the 4th section of the same article requires the legislature to prescribe by law the time of electing all officers named in that article. The appointment of commissioners of loans is not provided for in the constitution, and the legislature have failed…
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