PUBLIC OFFICERS LAW
Laws 1909, Chap. 51.

AN ACT in relation to public officers, constituting chapter forty-
seven of the consolidated laws.

Became a law February 17, 1909, with the approval of the
Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and
Assembly, do enact as follows:

CHAPTER 47 OF THE CONSOLIDATED LAWS
PUBLIC OFFICERS LAW

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ARTICLE 5

DELIVERY OF PUBLIC BOOKS

Section   80.  Delivery of books and papers, money and property.

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Sec. 80.  Delivery of books and papers, money and property.

A public officer shall demand from his predecessor in office or
any person in whose possession they may be, a delivery to such
officer of all books and papers, money and property belonging or
appertaining to such office. If such demand is refused, such
officer may make complaint thereof to any justice of the supreme
court of the district, or to the county judge of the county in
which the person refusing resides. If such justice or judge be
satisfied that such books or papers, money and property are
withheld, he shall grant an order directing the person refusing
to show cause before him at a time specified therein, why he
should not deliver the same. At such time, or at any time to
which the matter may be adjourned, on proof of the due service of
the order, such justice or judge shall proceed to inquire into
the circumstances. If the person charged with withholding such
books or papers, money and property makes affidavit before such
justice or judge that he has delivered to the officer all books
and papers, money and property in his custody which, within his
knowledge, or to his belief belong or appertain thereto, such
proceedings before such justice or judge shall cease, and such
person be discharged. If the person complained against shall not
make such oath, and it appears that any such books or papers,
money and property are withheld by him, such justice or judge
shall commit him to the county jail until he delivers such books
and papers, money and property, or is otherwise discharged
according to law. On such commitment, such justice or judge, if
required by the complainant, shall also issue his warrant
directed to any sheriff or constable, commanding him to search,
in the daytime, the places designated therein, for such books and
papers, money and property, and to bring them before such justice
or judge. If any such books and papers, money and property, are
brought before him by virtue of such warrant, he shall determine
whether they appertain to such office, and if so shall cause them
to be delivered to the complainant.


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