New York Constitution of 1846/Article 5

ARTICLE V.

Section 1. [State officers; election and compensation.]—The secretary of state, comptroller, treasurer, and attorney-general, shall be chosen at a general election, and shall hold their offices for two years. Each of the officers in this article named (except the speaker of the assembly) shall, at stated times, during his continuance in office, receive for his services a compensation, which shall not be increased or diminished during the term for which he shall have been elected; nor shall he receive, to his use, any fees or perquisites of office, or other compensation.

§ 2. [State engineer and surveyor.]—A state engineer and surveyor shall be chosen at a general election, and shall hold his office two years, but no person shall be elected to said office who is not a practical engineer.

§ 3. [Canal commissioners.]—Three canal commissioners shall be chosen at the general election which shall be held next after the adoption of this Constitution, one of whom shall hold his office for one year, one for two years, and one for three years. The commissioners of the canal fund shall meet at the capitol on the first Monday of January next after such election, and determine by lot which of said commissioners shall hold his office for one year, which for two, and which for three years; and there shall be elected annually, thereafter, one canal commissioner, who shall hold his office for three years.

§ 4. [State prison inspectors.]—Three inspectors of state prisons shall be elected at the general election which shall be held next after the adoption of this Constitution, one of whom shall hold his office for one year, one for two years, and one for three years. The governor, secretary of state, and comptroller, shall meet at the capitol on the first Monday of January next succeeding such election, and determine by lot which of said inspectors shall hold his office for one year, which for two, and which for three years; and there shall be elected annually thereafter, one inspector of state prisons, who shall hold his office for three years; said inspectors shall have the charge and superintendence of the state prisons, and shall appoint all the officers therein. All vacancies in the office of such inspector shall be filled by the governor, till the next election.

§ 5. [Commissioners of land office and canal fund.]—The lieutenant governor, speaker of the assembly, secretary of state, comptroller, treasurer, attorney-general, and state engineer and surveyor shall be the commissioners of the land office. The lieutenant governor, secretary of state, comptroller, treasurer, and attorney general shall be the commissioners of the canal fund. The canal board shall consist of the commissioners of the canal fund, the state engineer and surveyor, and the canal commissioners.

§ 6. [Powers and duties of boards.]—The powers and duties of the respective boards, and of the several officers in this article mentioned, shall be such as now are or hereafter may be prescribed by law.

§ 7. [Suspension of treasurer.]—The treasurer may be suspended from office by the governor, during the recess of the legislature, and until thirty days after the commencement of the next session of' the legislature, whenever it shall appear to him that such treasurer has, in any particular, violated his duty. The governor shall appoint a competent person to discharge the duties of the office, during such suspension of the treasurer.

§ 8. [Certain offices abolished.]—All offices for the weighing, gauging, measuring, culling, or inspecting any merchandise, produce, manufacture, or commodity whatever, are hereby abolished, and no such office shall hereafter be created by law; but nothing in this section contained shall abrogate any office created for the purpose of protecting the public health or the interests of the state in its property, revenue, tolls, or purchases, or of supplying the people with correct standards of weights and measures, or shall prevent the creation of any office for such purposes hereafter.