section of this act, the clerk of said court shall, in the manner prescribed in the twenty-ninth section of this act, draw twenty-four persons to serve as grand jurors at the terms appointed for the transaction of criminal business. The persons so drawn shall be summoned in the manner prescribed in said section twentynine, and shall receive the same compensation from the county of Erie as grand jurors attending the oyer and terminer. Existing provisions. § 37. All the provisions of law now in force relating to the recorder's court of Buffalo, and not inconsistent with the provisions of this act, shall apply to the said court, as reorganized by this act. [Section 38 prescribes when the act shall take effect.] Transfer of actions. § 39. If any action or proceeding is pending in said court before the general term, and two of the justices of said court, from any cause, shall be disqualified to hear or decide the same, the court shall by order transfer the same to the supreme court, which last court shall, upon a certified copy of said order being filed with its clerk, become fully possessed of such action or proceeding. [Added by L. 1857, ch. 361.] [See Code Civ. Proc., § 273.] L. 1874, Chap, 57-An act to empower the judges of the superior court of Buffalo to employ a stenographer. [Sections 1 and 2 were repealed by L. 1877, ch 417.] Salary of stenographer and assistant. § 3. The said stenographic reporter shall receive a salary of two thousand dollars per annum, and the assistant stenographic reporter shall receive a salary of one thousand dollars per annum, to be paid from the treasury of said city of Buffalo, quarterly, on the certificate of a judge of said superior court, showing that the services have been actually performed. [Thus amended by L. 1886, ch. 343.] L. 1883, Chap. 219–An act to amend chapter ninety-six of the laws of eighteen hundred and fifty-four, entitled "An act to amend an act entitled 'An act to organize and establish a recorder's court in the city of Buffalo, and for other purposes,' ‚"" passed April twentieth, eighteen hundred and thirty-nine. Also to amend chapter two hundred and thirtytwo of the laws of eighteen hundred and seventy-four, entitled "An act in relation to the superior court of Buffalo." [Section 1 amended by L. 1854, ch. 96, § 6.] § 2. Section one of chapter two hundred and thirty-two of the laws of eighteen hundred and seventy-four, entitled "An act in relation to the superior court of Buffalo," passed April twenty-first, eighteen hundred and seventy-four, is amended so as to read as follows: Deputy clerk; appointment; salary. § 1. The clerk of the superior court of Buffalo shall appoint some proper person as deputy clerk of said court, who shall hold his office during the pleasure of the clerk of said court; and as often as such deputy clerk shall die, resign or be removed from office, or remove from the city of Buffalo, or become incapable of executing the duties of said office, the said clerk shall appoint another deputy clerk in his place. The deputy clerk shall receive a salary of fifteen hundred dollars a year, to be paid quarterly by the county of Erie. § 3. Section two of chapter two hundred and thirty-two of the laws of eighteen hundred and seventy-four, entitled "An act in relation to the superior court of same compensation paid to jurors attending the circuit court. The court for the trial of issues of fact or for the trial of indictments, may, in its discretion, order talesmen to be drawn from said list, and may order the sheriff to summon the same forthwith; and if any person so drawn as a talesman shall not be found by the sheriff the court may cause the name of such person to be returned to the box. [Thus amended by L 1857, ch. 361.] 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 jurisdiction 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 there for 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 [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. The 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 1. [220-223] CHAPTER II. OF COURTS OF PECULIAR AND SPECIAL JURISDIC TITLE I. TITLE II. TITLE III. TION. OF SURROGATES' COURTS. -OF THE COURTS OF SPECIAL SESSIONS OF THE PEACE. -OF SPECIAL JUSTICES' COURTS IN THE SEVERAL CITIES OF [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 |