Article X.

Section 3. Duration of certain offices, how fixed

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Duration of certain offices, how fixed

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

Judges to hold no other office

They shall not hold any other office or public trust. All votes for either of them for any elective office (except that of justice of the supreme court or judge of the court of appeals) given by the legislature or the people shall be void. They shall not exercise any power of appointment to public office. Any male citizen, of the age of twenty-one years, of good moral character, and who possesses the requisite qualifications of learning and ability, shall be entitled to admission to practice in all the courts of this state.

Duration of offices not herein provided for

Where the duration of any office is not prescribed by this constitution, it may be declared by law; and if not so declared, such office shall be held during the pleasure of the authority making the appointment.

Sheriffs, clerks, and registers; election and removal

Sheriffs, and clerks of counties, including the register, and clerk of the city and county of New-York, shall be chosen by the electors of the respective counties, once in every three years, and as often as vacancies shall happen. Sheriffs shall hold no other office, and be ineligible for the next three years after the termination of their offices. They may be required by law, to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff: and the governor may remove any such sheriff, clerk or register at any time within the three years for which he shall be elected, giving to such sheriff, clerk, or register, a copy of the charge against him, and an opportunity of being heard in his defence, before any removal shall be made.

This item is based on 2 items:

1777 Article XXVI

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1777 Article XXVIII

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Chancellor and supreme court judges to hold no other office

Neither the chancellor, nor justices of the supreme court, nor any circuit judge, shall hold any other office or public trust. All votes for any elective office, given by the legislature or the people, for the chancellor, or a justice of the supreme court, or circuit judge, during his continuance in his judicial office, shall be void.

This item is based on 2 items:

1777 Article XXV

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1777 Article XXVIII

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AND BE IT FURTHER ORDAINED, That where by this constitution the duration of any office shall not be ascertained, such office shall be construed to be held during the pleasure of the council of appointment: Provided, that new commissions shall be issued to judges of the county courts (other than to the first judge) and to justices of the peace, once at the least in every three years.

3 items are based on this item:

1822 Article Fourth. Section VIII

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1822 Article Fourth. Section XVI

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1822 Article Fifth. Section VII

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