place of residence or business of the person to whom any such resignation may be delivered shall be a sufficient delivery thereof.

§ 25. Removals from office.

Every removal of an officer by one or more state officers, shall be on written duplicate orders, signed by the officer or by all or a majority of the officers making the removal, or if made by a body or board of state officers may be evidenced by duplicate certified copies of the resolution or order of removal, signed either by all or a majority of the officers making the removal, or by the president and clerk of such body or board. Both such duplicate orders or certified copies shall be delivered to the secretary of state, who shall record in his office one of such duplicates, and shall, if the officer removed is a state officer, deliver the other to such officer by messenger, if required by the governor, and otherwise by mail or as the secretary of state shall deem advisable, and shall, if directed by the governor, cause a copy thereof to be published in the state papers. If the officer removed be a local officer, he shall send the other of such duplicates to the county clerk of the county in which the officer removed shall have resided at the time he was chosen to the office, and such clerk shall file the same in his office, and forthwith notify the officer removed of his removal.

§ 25a.

Any town or village officer, except a justice of the peace, may be removed from office by the supreme court for any misconduct, maladministration, malfeasance or malversation in office. An application for such removal may be made by any citizen resdent of such town or village and shall be made to the appellate division of the supreme court held within the judicial department embracing such town or village. Such application shall be made upon notice to such town officer of not less than eight days, and a copy of the charges upon which the application will

be made must be served with such notice. Added by Chapter 573, Laws 1896.

§ 2. This act shall take effect immediately.

§ 26. Notice of existence of vacancy.

When a judgment shall be rendered by any court convicting an officer of a felony, or of a crime involving a violation of his oath of office, or declaring the election or appointment of any officer to be void, or that the office of any officer has been forfeited or become vacant, the clerk of such court shall give notice thereof to the governor, stating the cause of such conviction or judgment.

Whenever a public officer shall die before the expiration of his term of office, or shall cease to be a resident of the political subdivision of the state or a municipal corporation in which he is required to be a resident as a condition of continuing in the office, the county clerk of the county in which such officer shall have resided immediately prior to such death or removal, shall immediately give notice of such death or removal to the governor. If the governor is not authorized to fill any vacancy of which he shall have notice, he shall forthwith give notice of the existence of such vacancy to the officer or officers, or to the body or board of officers authorized to fill the vacancy, or if such vacancy may be filled by an election, to the officers authorized to give notice of such election.

27. Terms of officers chosen to fill vacancies.

If an appointment of a person to fill a vacancy in an appointive office be made by the officer, or by the officers, body or board of officers, authorized to make appointment to the office for the full term, the person so appointed to such vacancy shall hold office for the balance of the unexpired term. The term of office of an officer appointed to fill a vacancy in an elective office, shall be until the commencement of the political year next succeeding the first annual election after the happening of the vacancy, if the office be made elective by the constitution, or at which the

vacancy can be filled by election, if the office be otherwise made elective.

Vacancies in elective offices.

"The legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy." (§ 5, art. 10, State Constitution.)

20

CHAPTER VIII.

MISCELLANEOUS PROVISIONS.

CIVIL SERVICE LAW, CHAP. 370, LAWS 1899.

SECTION 20.

21.

LABOR LAW, CHAP. 415, LAWS 1897.

SECTION 3. Hours to constitute a day's labor. 4. Violation of preceding section.

13. Preference in employment of persons upon public

works.

14. Stone used in state or municipal works.

160. Application of article.

172. Enforcement of article.

MEMBERSHIP CORPORATION LAW.

121. Property; erection of monuments.

LAWS 1895, CHAPTER 754.

Payments by villages to charitable associations, etc.

LAWS 1895, CHAPTER 36.

Foreign flags on public buildings.

LAWS 1895, CHAPTER 220.

Veterans participate in exercises of Memorial Day.

306

LAWS 1895, CHAPTER 417.

Regulation of public franchises.

LAWS 1896, CHAPTER 423.

An act to preserve the New York and Albany Post Road.

LAWS 1901, CHAPTER 533.

Rights of veterans.

20. Preferences allowed honorably discharged soldiers, sailors and marines.

In every public department and upon all public works of the state of New York and of the cities, counties, towns and villages thereof, honorably discharged soldiers, sailors and marines from the army and navy of the United States in the late civil war who are citizens and residents of this state, shall be entitled to preference in appointment and promotion without regard to their standing on any list from which such appointment or promotion may be made to all competitive and noncompetitive positions provided their qualifications and fitness shall have been ascertained as provided in this act and the rules and regulations in pursuance thereof; and the persons thus preferred shall not be disqualified from holding any position in the civil service on account of his age or by reason of any physical disability provided such age or disability does not render him incompetent to perform the duties of the position applied for. Whenever any list of eligible persons, prepared under authority of this act, shall contain the names of honorably discharged soldiers, sailors and marines entitled to preference as aforesaid, any reference in this act or in the rules and regulations in pursuance thereof to the persons standing highest on such list shall be deemed to indicate those standing highest of those entitled to preference by the provisions of this section, and such person shall be given preference on any list of registered applicants for employment in the labor service, in accordance with the dates