All commissions shall issue in the name of the state, be signed by the governor and attested by the secretary of state, who shall affix the state seal thereto.

ANNOTATIONS

Comparable provisions. — Idaho Const., art. IV, § 16.

Iowa Const., art. IV, § 21.

Utah Const., art. VII, § 19.

Commission as prima facie evidence of entitlement to office. — An appointment to office by the executive is complete upon delivery of the commission. When governor of territory appointed and commissioned an officer, he gave him prima facie title to the office, as the commission, when issued, must be taken at least as prima facie evidence that the person holding it is lawfully entitled to the office. Conklin v. Cunningham, 1894-NMSC-005, 7 N.M. 445, 38 P. 170.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and Employees §§ 121 to 126.

67 C.J.S. Officers and Public Employees § 44; 81A C.J.S. States § 84.