Ought they to canvass those sealed in the box, and reject the
others?
"TIOGA.--It appears that the sheriff of Tioga delivered the box
containing the ballots to B. Hovey, his special deputy, who set out,
was taken sick on his journey, and delivered the box to H. Thompson,
his clerk, who delivered it into the secretary's office.
"_Question_. Ought the votes of Tioga to be canvassed?
"CLINTON.--It appears that the sheriff of Clinton delivered the box
containing the ballots to Theodorus Platt, Esq., who had no
deputation, but who delivered them into the secretary's office, as
appears by his affidavit.
"_Question._ Ought the votes of Clinton to be canvassed?"
_Mr. King's opinion to the Canvassers_.
"OTSEGO.--It may be inferred, from the constitution and laws of the
state, that the office of sheriff is held during the pleasure of the
Council of Appointment, subject to the limitation contained in the
26th section of the constitution. The sheriff may therefore hold his
office for four years, unless within that period a successor shall
have been appointed, and shall have entered upon the execution of the
office. The term of four years from the appointment of R. R. Smith not
having expired, and B. Gilbert not having entered upon the execution
of the office before the receipt and delivery of the votes by R. R.
Smith to his deputy, I am of opinion that R.
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