By the eleventh section of the said act,
all questions arising on the canvass and estimate of the votes, or on
any of the proceedings therein, shall be determined by a majority of
the members of the joint committee attending; and their judgment shall
be final, and the oath of the canvassers requires them faithfully,
honestly, and impartially to canvass and estimate the votes contained
in the boxes delivered into the office of the secretary of this state
by the sheriffs of the several counties.
"On the 17th of February, 1791, Richard R. Smith was appointed sheriff
of the county of Otsego, and his commission gives him the custody of
that county until the 18th of February, 1792. On the 13th of January,
1792, he writes a letter to the Council of Appointment, informing them
that, as the year for which he was appointed had nearly elapsed, he
should decline a reappointment.
"On the 30th of March, 1792, the Council of Appointment appointed
Benjamin Gilbert to the office of sheriff of the said county, with a
commission, in the usual form, to keep the county until the 17th of
February next. His commission was delivered to Stephen Van Rensselaer,
Esq., on the 13th of April last, to be forwarded by him to the said
Benjamin Gilbert. By the affidavit of the said Benjamin Gilbert,
herewith delivered, it appears that he qualified into the office of
sheriff on the 11th day of May, 1792.
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