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VACANCY. A place which is empty. The term is principally applied to cases where an office is not filled.
     2. By the constitution of the United States, the president has the power to fill up vacancies that may happen during the recess of the senate. Whether the president can create an office and fill it during the recess of the senate, seems to have been much questioned. Story, Const. Sec. 1553. See Serg. Const. Law, ch. 31; 1 Breese, R. 70.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in classic literature ?
But the vacancy did not occur, nor did a steady job; and I employed the time between odd jobs with writing a twenty-one- thousand-word serial for the "Youth's Companion." I turned it out and typed it in seven days.
"'Why,' says he, 'here's another vacancy on the League of the Red-headed Men.
"'Well,' said he, showing me the advertisement, 'you can see for yourself that the League has a vacancy, and there is the address where you should apply for particulars.
Getting a vacancy did not seem to be such a very easy matter, after all.
Jabez Wilson,' said my assistant, 'and he is willing to fill a vacancy in the League.'
I could tell you tales of cobbler's wax which would disgust you with human nature.' He stepped over to the window and shouted through it at the top of his voice that the vacancy was filled.
Holmes, for I thought that I was not to have the vacancy after all; but after thinking it over for a few minutes he said that it would be all right.
Once again he answered loudly: "Yes, dear!" and turned, wild-eyed, to gaze on vacancy, for he could not yet discern form and colour and love and outstretched arms in the odour of mnignonette.
"No!" replied Passepartout courageously, in his turn retiring from the car, and leaving the Elder to preach to vacancy.
Then there appeared upon the glazed vacancy of his eyes a diamond point of intelligence.
Earlier, the Madhes-based parties were opposing the modality of the vacancy announcement made by the PSC calling it noninclusive.
Workforce statistics show there were a total of 17,346 staff working in Leicestershire based health trusts at the end of September - meaning that a vacancy was advertised for every 15 members of staff.