The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-05-18

did not shorten bis term OF Office upon the expiration
took full effect Of course the official existence Of the
derived under and dependant upon the repealed act
orssss very likely that could the Legislature have
100 .h, vi mad tey thought II possible that Mayor
would be so unmindfu Of his duty as 70 fail to nominate
successor or 80 unfortunate be unable nominate
Que VINO shouu prove acceptable TO the Board of Alder
men, they might have provided for the continuance in
Office Of the elator until his successor should be- ouaed
But by compelling the Mayor upon the reecon he the
Aldermen Of one nominee, 70 nominate another mme.
datey they have not left optional with the Mavor IN
suffer vacancy to exist and the contingency which has oc.
cured not foreseen But sufficient for TINS case ihat
the Legislature have not continued the retor In once alter
as organized and appointed under the act Of
1857 held office for two years, and until the appointment
Of their successors, (sct Of 1887, @i2 II Is very
at the time the act should become law Aside from its
terms which indicate s application TO those be appoint
ed under the act Provision k made subsequent sections
In respect to those then In Office Tully the State,
Carters Rep 600 think, in principle decisive Of tho
The syllabus Of the case so far as pertinent 70
the effect that when there is express or implied resric.
ton charter OF incorporation upon the time Of holding
office ander such charter, that the officer shall be
hold from charter election day until the next that
they shall be elected for the year ensuing
the ne Ss end Of Ss
year. When, by the constitution of the corporation
the officers are elected for term, and until their succes-
or the year ensuiugn and the charter contains
trictve cause the officers may continue TO hold their
superseded by the election Of o,hcr officers to oil their
places The action against the suretes Of school COM
msioners who had been elected under act which,
this case, had been repealed, for default happening
after their term Of office had expired, and before success
fors appointed under the substituted law had qualified
The Court in the opinion quote the language OF the last
aod cay that it is as II had read-Be enacted, that in
each county in this State In which there no school COM
sioner one shall be elected a. the next annual August
election. That in each county where there 10 school
commits sioner In Office ouch commi ssoner shall
continue to hold for the term for which he was elected
This is substantially the provision Of the act Of
1857 under consideration, and the Court In Indiana
say of the act of that State "These provisions in effect
peal the clause in the law authorizing Tuy 70 hold
over till the qualification Of successor and az we think
place his case among those Of the first class recouned in
this opinion In which there is implied restriction upon
the right of holding over" The head note OF the re-
porter upon this branch of the sUnder the act OF
1881 q school commissioner could have indefinitely
held his Office until election of successor and in such
his suretes would have been liable for his acts du-
ring his continuance in Office. The act Of February 2,
1888, repealed the act of 1881, and limited the terms
Of school commissioners to the precise times for
which they elected, and the euretes are not
liable under that law for the acts Of the COM
missioner after the expiration Of his time" Now,
case cited, that IL there is no restriction, express
implied, in the law, an officer, elected for given
time, may hold until superseded by his sue
ceseor, for the reason that, in this case, within the
limiting the of Office Of the relator TO the pre-
else term for which he elected" am OF the opinion
that upon his showing and upon the just construction
Of the act Of 1857 he did not continue in office after the
3lst December 1855 l. By the repeal OF the act un
der which he took oce-whch repeal took full effect upon
his office on the day pamed-hs authority City Inspec
tor wholly ceased 2. There is no provision Of law in
force authorizing him. expressly by implication, TO
continue to perform the duties Of the office after tina. day
His time Of office is expressly limited by the act Of 1857
70 the time for which he was elected which expired on
that day. II follows that he has not established right 70
the writ for which he asks and the motion must be denied