This provision of the Constitution applies only to filling vacancies in elective offices, and does not apply to a Superintendent of the Poor, who may be appointed or elected. People v. Comstock, 78 N. Y. 356. § 34. Validity of appointment. It is a general rule of law that to render their acts valid local and inferior tribunals and officers, in making appointments, must pursue the mode prescribed by the statute. Any substantial departure from its requirements will render their acts invalid. But, where their action is so far in compliance with the requirements of the statute that they obtain jurisdiction of the subject matter--even although irregular in matters of detail-their action will be so far valid as that it cannot be inquired into in a collateral proceeding. People v. Seaman, 5 Denio, 409; Foot v. Stiles, 57 N. Y. 399. But their action is always open to investigation in a direct proceeding in court to test the validity thereof, and if found invalid it will afford no defence to such proceeding, and will be set aside or disregarded. People v. Seaman, 5 Denio, 489; People v. Cook, 8 N. Y. 67. The appointment by the Justices of the Peace is a judicial act. Wood v. Peake, 8 Johns. 69; Wildy v. Washburn, 16 Johns. 49; People v. Seaman, 5 Denio, 412. Power of appointment can not be delegated. Where the power of appointment is vested in certain officers, such power cannot be delegated, Auburn Academy v. Strong, Hopk. 278, and an appointment by any other person or officers is void and will not bestow upon the appointee even the outward symbols of the office, and all official acts by such appointee are equally void. People v. Carter, 29 Barb. 208; People v. Albany C. P., 19 Wend. 27. § 35. Supervisor must give bond. Every Supervisor now elected to office in this state, shall within sixty days after the passage of this act, execute and deliver to the Town Clerk of his town, his bond, in such penalty and with such sureties as the Board of Town Auditors shall prescribe, conditioned for the faithful discharge of his official duties, and that he will well and truly keep and pay over and account for all moneys and property belonging to his town, and coming into his hands as such Supervisor; and every Supervisor hereafter elected shall, within thirty days after entering upon his office, make and deliver his bond as aforesaid, and such bond shall, after its execution, be presented to the Board of Town Auditors for their approval as to its form, and the sufficiency of the sureties therein; and until the same shall be so approved, none of the moneys, books, documents, papers or property of the town shall be turned over or delivered to such Supervisor-elect. Laws 1866, chap. 534, § 2, as amended by Laws 1868, chap. 721, as amended by Laws 1888, chap. 465. § 36. Form of bond under above statute. Know all men by these presents, that we, John B. Weber, as principal, and William White and Henry R. Jones, as sureties, all of the Town of West Seneca, in the County of Erie and State of New York, are held and firmly bound unto Frederick R. March as Town Clerk of said town, in the penal sum of (as prescribed by Board of Town Auditors), to be paid to the said Frederick R. March, as Town Clerk aforesaid, or to his successors in office; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated this twelfth day of July, A. D. 1888. Whereas, the above bounden John B. Weber was on the day of March, A. D. 1888, duly elected Supervisor of the Town of West Seneca in said County of Erie. Now, therefore, the condition of this obligation is such that if the said John B. Weber shall faithfully discharge his duties as such Supervisor of said town and shall well and truly keep and pay over and account for all moneys and property belonging to said town that may come to his hands, as such Supervisor, without fraud or delay, then this obligation to be void; otherwise to remain in full force and effect. JOHN B. WEBER [SEAL], Form of acknowledgment to be added. STATE OF NEW YORK, County of Erie, Town of West Seneca. SS. On this twelfth day of July, A. D. 1888, before me, the undersigned, personally appeared John B. Weber, William White and Henry R. Jones, to me personally known to be the same persons mentioned in and who executed the foregoing instrument, and severally acknowledged that they executed the same. VICTOR A. IRR, Justice of the Peace. Justification of sureties. STATE OF NEW YORK, County of Erie. SS. William White and Henry R. Jones, the sureties mentioned in the foregoing instrument, being severally duly sworn each for himself, says that he is a resident and freeholder (or householder) within this state and is worth dollars over and above all the debts and liabilities which he owes or has incurred and exclusive of property exempt by law from levy and sale on execution. WILLIAM WHITE. HENRY R. JONES. Severally subscribed and sworn to before me this 12th day of July, A. D. 1888. VICTOR A. IRR, Justice of the Peace. Approval by Board of Town Auditors. TOWN OF WEST SENECA, SS. We hereby approve the above (or within) bond as to its form and manner of execution and of the sufficiency of the sureties therein. TU. VW, XY, Board of Town Auditors. The above statute requires this bond to be filed in the office of the Town Clerk of the town. § 37. Action on such bond-by whom brought. An action upon such a bond for a breach of the condition thereof may be brought by the successor in office of the Supervisor giving it. It is not a bond to the Town Clerk as an individual but in his official capacity, and is a compliance with the statute. Sutherland v. Carr, 85 N. Y. 105. § 38. Bond for school moneys. Immediately on receiving the Commissioners' certificate of apportionment, the County Treasurer shall require of each Supervisor, and each Supervisor shall give to the County Treasurer, in behalf of the town, his bond, with two or more sufficient sureties, approved by the treasurer, in the penalty of at least double the amount of the school moneys set apart or apportioned to the town, and of any such moneys unaccounted for by his predecessor; conditioned for the faithful disbursement, safe keeping and accounting for such moneys, and of all other school moneys that may come into his hands from any other source. Suit on such bond. If the condition shall be broken the County Treasurer shall sue the bond in his own name in behalf of the town, and the money recovered shall be paid over to the successor of the Supervisor in default, such successor having first given security as aforesaid. Laws 1864, chap. 555, title III. art. 3d, part of § 31, as amended by Laws 1875, chap. 567, § 11; 2 R. S. (8th ed.) 1281, § 31. § 39. Bond under above statute. Know all men by these presents, that we, William L. Paxon, Supervisor of the Town of Newstead, in the County of Erie and State of New York, as principal, and Napoleon B. Wickwire and Nicholas B. Bratt of the same town, as sureties, are held and firmly bound unto Jasper L. Underwood, as Treasurer of the County of Erie, in the penalty of (a sum at least double the amount of school moneys set apart or apportioned to the town) to be paid to the said Jasper L. Underwood, as Treasurer of said county, his successor in office, attorney or assigns, for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators and assigns jointly and severally, firmly by these presents. Sealed with our seals and dated the thirteenth day of June, A. D. 1888. The condition of this obligation is such that if the above bounden William L. Paxon, as Supervisor, as aforesaid, shall safely keep, faithfully disburse and fully and justly account for and pay over all the school moneys set apart or apportioned to said Town of Newstead and all other moneys that may come into his hands as such Supervisor from any other source, then this obligation to be void, otherwise to remain in full force and effect. WILLIAM L. PAXON [SEAL], The acknowledgment and justification of sureties should be the same as in preceding bond. See § 36. The County Treasurer, on approving such bond, will place upon it the following indorsement: ERIE COUNTY, ss. I hereby approve of the above (or within) bond as to its form and manner of execution, and of the sufficiency of the sureties therein. Dated June 13, 1888. JASPER L. UNDERWOOD, § 40. County Treasurer's certificate of filing bond. Upon filing this bond with the County Treasurer he is |