Buffalo," passed April twenty-first, eighteen hundred and seventy-four, is amended so as to read as follows: Special deputy clerks; appointment; salary. § 2. The clerk of said superior court of Buffalo shall, if the judges of said court deem it necessary for the proper transaction of the business of said court, also appoint two proper and suitable persons as special deputy clerks of said court, who shall hold their office in the same manner and subject to the same restrictions as to removal as the deputy clerk of said court. One of said special deputy clerks shall receive a salary of eight hundred dollars a year, to be paid quarterly by the county of Erie, and the compensation of the other of said special deputy clerks shall be paid by the clerk of said court. [L. 1874, ch. 232, except § 5 thereof, was repealed by L, 1877, ch. 417. Semble therefore, that the foregoing statute is an independent enactment.] ARTICLE THIRD. THE CITY COURT OF BROOKLYN. [Most of the former laws relating to civil proceedings in this court have been repealed, having been superseded by provisions of the Code of Civil Procedure. Those relating to criminal proceedings, although not formally repealed, have been mostly superseded by the Code of Criminal Procedure, and are, herefore, omitted. A few sections are retained, which either have been left unaffected by subsequent legislation, or may, in the opinion of the editor, be of some force, either intrinsically or as explanatory of other provisions.] L. 1849, Chap. 125–An act to establish courts of civil and criminal juris-diction in the city of Brooklyn. City judge to be elected. SECTION 1. There shall be elected in the city of Brooklyn at the next charter election to be held in said city, and every six years thereafter, a city judge, who shall hold his office for six years from the first day of May next, after his election, and shall be subject to removal in the same manner as the county judge. [Sections 2-10 were repealed by L. 1877, ch. 417.] [Sections 11 and 12 were repealed by L. 1886, ch. 393.] [Section 13 was repealed by L. 1870, ch. 470.] [Sections 14-19 were repealed by L. 1877, ch. 417.] Duty of district-attorney. § 20. The district-attorney of the county of Kings shall prosecute all indictments which may be found by the grand jury impanelled by the said city court, and all indictments which shall be transmitted to the said city court, in the same manner as if such indictment had been tried in a court of sessions of the county, and shall have the same power in all respects. Provision in case of absence. § 21. In case of the absence, inability to attend, or vacancy in the office of said district-attorney, the said city court may designate some suitable person to discharge the duties of the said district-attorney, in said city court for the time being, who shall receive such compensation therefor as the board of supervisors of the county of Kings shall fix for that purpose, and which shall be allowed and paid by the said board of supervisors as other county charges are allowed and paid. [Section 22 was repealed by L. 1877, ch. 417.} [Section 23 was repealed by L. 1870, ch. 470.] [Sections 24-26 were repealed by L. 1877, ch. 417.] [Sections 27-37, relating to justices of the peace and police justices, are immaterial here.] [Sections 38 and 39 are omitted as temporary.] L. 1853, Chap. 338– An act in relation to the courts and jurors in the county of Kings. [All except § 4 repealed by L. 1877, ch. 417.] Criminal or civil business. § 4. The city court of Brooklyn may transact criminal or civil business at any term thereof. L. 1865, Chap. 170-An act in relation to the appointment of a phonographic reporter to the city court of Brooklyn. [Sections 1-5 were repealed by L. 1877, ch. 417.] Salary of reporter; by whom to be paid. § 6. The salary of the said officer shall be at the rate of two thousand dollars per annum, and the board of supervisors of Kings county, are hereby directed to raise a sufficient sum of money, in addition to the sum they are now authorized to raise by law for the said salary, and all laws of this state applicable to the raising of money in the said county of Kings by the board of supervisors, are hereby made applicable to this section of this. act. [Thus amended by L. 1867, ch. 796.] [Sections 7-9 were repealed by L. 1877, ch. 417.] L. 1870, Chap. 470 —An act to increase the number of judges of the city court of Brooklyn, and to regulate the civil and criminal jurisdiction thereof. Additional judges of city court may be elected; form of ballot; election, how conducted; canvass of votes; official terms, when to commence. SECTION 1. Two additional judges of the city court of Brooklyn shall be chosen by the electors of that city at the time provided by law for the first election of judges of the court of appeals, under the sixth article of the Constitution. The persons voted for by any elector shall be upon one ballot, which shall be separate from the ballot for judges of the court of appeals. The ballot shall be indorsed "City Court," and the inspectors and canvassers holding the election in said city for the said judges of the court of appeals shall be the inspectors and canvassers of such election, and shall keep a separate box in which the ballots shall be deposited. The two persons receiving the highest number of votes shall be deemed chosen at such election. The votes shall be canvassed as now provided by law in reference to other elections in said city, and in all other respects the provisions of the act providing for the said first election of the judges of the court of appeals shall be applied, so far as applicable, to the election in this section provided for. official terms of the judges elected under this act shall commence on the first Monday of July next, on or before which day they shall take the oath of office. [Sections 2-7 were repealed by L. 1887, ch. 417.] [Sections 8 and 9 amend L. 1849, ch. 125, §§ 11 and 12.] [Sections 13-17 were repealed by L. 1877, ch. 417.] Salaries; how levied and collected. § 18. The judges of the said court shall each receive an annual compensation, the same in amount as that now received by the present city judge, to be paid quarterly by the county treasurer of the county of Kings, out of moneys to be levied by the supervisors of the said county annually, and collected in the same manner as other county charges are levied and collected. [Sections 19-21 were repealed by L. 1877, ch. 417.] TITLE VI. Of Mayors' Courts in Cities. [Repealed by L. 1880, ch. 245.] TITLE 6. [217-219] TITLE II.-OF THE COURTS OF SPECIAL SESSIONS OF THE PEACE. [Repealed.] TITLE III. OF SPECIAL JUSTICES' COURTS IN THE SEVERAL CITIES OF THIS STATE. [Repealed.] TITLE IV-OF COURTS HELD BY JUSTICES OF THE PEACE. TITLE I. Of Surrogates' Courts. [This entire title was repealed by L. 1880, ch. 245.] Acts relating to the Surrogates' Courts. L. 1870, Chap. 74-An act in relation to the records of surrogates' courts. Acts of surrogates in signing records confirmed. SECTION 1. All acts, hitherto, of surrogates and officers acting as such in completing, by signing, in their own names, the unsigned and uncertified records of wills and of the proofs and examinations taken in the proceedings of probate thereof, before their predecessors in office, are hereby confirmed and declared to be valid and in full compliance with the pre-existing statutory requirements. [Section 2 was repealed by L. 1880, ch. 245.] L. 1879, Chap. 406-An act in relation to proceedings in the surrogates' courts of the several counties of the state, except the county of New York. Revocation of letters testamentary, etc. SECTION 1. Upon application of any executor, administrator or collector, to whom letters shall have been granted by the surrogate of any of the counties of this state, except the county of New York, or the testamentary trustee or guardian named in any will proved in his court, and on such notice to the persons interested in the estate as he shall direct, the surrogate may, by his order, revoke such letters, and discharge such executor, administrator, collector, testamentary trustee, or guardian from his trust, upon such terms and conditions as in his judgment may be proper for the security of the estate, and thereupon issue letters of administration, letters of administration with the will annexed, or letters of collection, or appoint a successor to such trustee or guardian; but such surrogate shall require such executor or testamentary trustee, so to be appointed, to give security for the faithful performance of such trust. [See Code Civ. Proc., §§ 2689, 2814, 2835, etc.] . L. 1880, Chap. 482–An act authorizing the surrogate of the county of Erie to appoint a stenographer for the surrogate's court of said county. Surrogate of Erie county may appoint and remove stenographer. SECTION 1. The surrogate of the county of Erie shall appoint and may at pleasure remove a stenographer for the surrogate's court of said county, who shall be entitled to a salary to be fixed by said surrogate, but which shall not exceed nine hundred dollars a year and to be paid as the salary of the clerk of said surrogate's court is paid. L. 1881, Chap. 40 — An act in relation to surrogates' courts. Practice on appeals taken since Sept. 1, 1880. SECTION 1. When an appeal shall be or has been taken after the first day of September, eighteen hundred and eighty, from any order, decree or determination made or rendered in a surrogate's court, in any matter or proceeding commenced before the first day of September, eighteen hundred and eighty, the said appeal shall be heard upon a case to be made and settled as provided by section two thousand five hundred and seventy-six of the Code of Civil Procedure; but if on any such appeal taken before the passage of this act the case has been made and settled, or the appeal perfected according to and in conformity with the laws and practice regulating appeals from orders, sentences or decrees of surrogates' courts in force in the state on the thirty-first day of August, eighteen hundred and eighty, then such appeals and settlement of the case thereon shall be valid and such appeals shall be heard and decided in conformity to the laws and practice regulating appeals from orders, sentences and decrees of surrogates' courts in force in this state on the thirty-first day of August, eighteen hundred and eighty. 26 Hun, 179; 26 Hun, 550, aff'd 91 N. Y., 662; 32 Hun, 599. L. 1884, Chap. 350-An act in relation to the examination of the accounts of the surrogate's court and the transfer of the moneys and securities to the county treasurers. [This act has been omitted, as it appears to be temporary.] L. 1884, Chap. 490-An act relating to the discharge of the duties of the surrogate of the county of Kings, in case of a vacancy in the office, or the disqualification or disability of the surrogate, When county judge to discharge duties of surrogate; when district-attorney. SECTION 1. In the county of Kings, when the office of surrogate is vacant or the surrogate certifies by a written certificate filed in his office that he is disabled, by reason of sickness or absence, all the duties of the office must be discharged until the vacancy is filled or the disability ceases, by the county judge of the county of Kings; or, if there is no county judge, or he certifies in like manner that he is so disabled, by the district-attorney of the said county. And when, the surrogate of the said county is precluded or disqualified from acting, with respect to any particular matter, he shall file a certificate to that effect in his office, and thereupon all his jurisdiction and powers, with respect to that matter, vest in and must be discharged by the county judge. Where the county judge files in the surrogate's office a certificate that he is precluded or disqualified from acting with respect to any particular matter, jurisdiction whereof would otherwise vest in him by this section, all the jurisdiction and powers of the office of surrogate with re spect to that matter vest in and must be discharged by the said district-attorney. The proceedings in any matter or cause wherein the county judge or the district-attorney shall act, as prescribed in this section, shall be governed by section twenty four hundred and ninety-four of the Code of Civil Procedure. When matter to be transferred to supreme court § 2. But where in any matter or cause in the said surrogate's court before either of the officers specified in the last section, an issue shall be joined, or a contest shall arise, either upon the facts or upon the law, the said officer may in his discretion make an order to transfer such matter or cause to the supreme court, to be heard and decided at a special term, thereof, held in the said county of Kings, which order shall be recorded in the said surrogate's office, and thereupon such matter or cause shall be transferred accordingly. And a certified copy of such order, together with the appropriate certificate or certificates as provided in section first of this act, shall be sufficient and conclusive evidence of the jurisdiction and authority of the supreme court in such matter or cause; which in all respects shall be governed by sections twenty-four hundred and ninety and twenty-four hundred and ninety-one of the said Code of Civil Procedure. When surrogate to file certificate prescribed in Code Civil Proc. § 3. If there is no officer qualified to act as provided in the first section of this act, when the surrogate is precluded or disqualified with respect to a particular matter or cause, the surrogate of the said county must file in his office a certificate as prescribed in section twenty-four hundred and eighty-five of the Code of Civil Procedure, which has the effect provided for in that section, with respect to any county, other than New York or Kings. Certain sections of Code not to apply to Kings county. § 4. Sections twenty-four hundred and eighty-six, twenty-four hundred and eighty-seven and twenty-four hundred and eighty-eight of the Code of Civil Procedure shall not apply to the county of Kings. And after a final order or decree has been made in any matter or cause transferred to the supreme court as prescribed in section three of this act, the said court shall direct the papers to be returned and filed, and transcripts of all orders and decrees made therein to be recorded in the surrogate's office, and when so filed and recorded they shall have the same effect as if they were filed and recorded in a cause pending in the surrogate's court. Board of supervisors may appoint person to act as surrogate. § 5. The board of supervisors of the county of Kings may appoint a person to act as surrogate of that county in a case where it is prescribed by section twenty-four hundred and ninetytwo of the Code of Civil Procedure that a board of supervisors may make such an appointment, and with like effect as prescribed in that section, and in sections twenty-four hundred and ninety-three and twenty-four hundred and ninety-four of the Code of Civil Procedure. L. 1885, Chap. 367 – An act to confer additional powers upon the clerk of the surrogate's court of Kings county in relation to the probate of wills in certain cases. Additional powers conferred on clerk. SECTION 1. The clerk of the surrogate's court of Kings county, appointed pursuant to section twenty-five hundred and nine of the Code of Civil Procedure of the state of New York, may, in addition to the powers therein enumerated, also exercise, concurrently with the surrogate of said county, the following powers of the surrogate: Upon the return of a citation issued from said surrogate's court upon a petition for the probate of a will, where no objection to the same is filed; or, where all the persons entitled to be cited, sign and verify the petition, or personally, or by attorney, appear on the probate thereof, cause the witnesses to the will to be examined before him, and such examinations must be reduced to writing, and for such purpose he is hereby authorized to administer and certify oaths and affirmations in such cases in the same manner and with the same effect as if administered and certified by the surrogate. |