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 [All except § 4 repealed by L. 1877, ch. 417.]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 [Sections 1-5 were repealed by L. 1877, ch. 417.]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 [Sections 7-9 were repealed by L. 1877, ch. 417.]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 II.-OF THE COURTS OF SPECIAL SESSIONS OF THE PEACE. [Repealed.] TITLE III.-OF SPECIAL JUSTICES' COURTS IN THE SEVERAL CITIES OF 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. L. 1884, Chap. 530 – An act in relation to the office of surrogate of the county of New York. Board of aldermen not to have power to appoint surrogate, etc. SECTION 1. On and after the passage of this act, the board of aldermen of the city of New York shall cease to have or exercise any powers in regard to the appointment of a surrogate of the county of New York, or in regard to the appointment, number and salaries of assistants to such surrogate, or of other clerks, employees or subordinates in or attached to the office of said surrogate, or in regard to the receipt or payment of fees in said office. Vacancies, how to be filled. § 2. When a vacancy shall occur otherwise than by the expiration of a term, in the office of surrogate of the county of New York, the same shall be filled for a full term at the next general election happening not less than three months after such vacancy occurs; and until any such vacancy shall be so filled, the governor may appoint to fill such vacancy. Any such appointment shall continue until and including the last day of December next after the election at which the vacancy shall be filled. Appointment and removal of clerks, etc. § 3. The surrogate may appoint, and at pleasure remove, all clerks, officers, attendants and employees in his office, or connected with his court. Subject to the revision of the board of estimate and aportionment, the number and duties of all such clerks, officers, attendants and employees, with their respective salaries, to be paid by the county, shall be such as the surrogate shall designate and approve; provided, however, that the aggregate expense thereof shall not exceed the total amount duly appropriated to the said surrogate's court and office for such purposes. Estimate by surrogate to board of apportionment, etc. § 4. The surrogate shall, not less than thirty days prior to the first of November, eighteen hundred and eightyfour, and in each year thereafter within the same period, send to the board of estimate and apportionment an estimate in writing of the amount of expenditure, specifying in detail the objects thereof required in his office and court for the ensuing year. The said estimate must contain a statement of each of the salaries of the officers, clerks, attendants, employees and subordinates in said office and court. A duplicate of the estimate and statement shall be made at the same time to the board of aldermen. The said board of estimate and apportionment shall, in making its provisional and final estimates and in approving the salaries of such officers, clerks, attendants and employees, consider the said estimate and statement and make such provision for the objects of expenditure therein specified as to such board may seem necessary and sufficient. Security from assistants. § 5. The surrogate is hereby authorized and empowered to require from his assistants such security for the faithful performance of their duty as he may deem necessary and proper. Surrogate, etc., not to receive fees. § 6. From and after the passage of this act the surrogate of the county of New York, the assistants to said surrogate or other clerks, employees or subordinates in or attached to the office or court of said surrogate, shall not charge or receive to his or their own use and benefit, or otherwise than for the benefit of said county, any fees, perquisites or emoluments for any services rendered by him or them by virtue of his or their official positions except as provided in subdivision one of section seven of this act. Excepted cases, when fees allowed. § 7. On and after the passage of this act no fees, perquisites or emoluments shall be charged or received by the surrogate of the county of New York, his assistants, clerks, employees or subordinates, for any services rendered by him or them by virtue of his or their official positions, except as hereinafter specified.. 1. Where in a case prescribed by law or in any other case, upon the application of a party, the surrogate goes to a place other than his office or the courtroom where he is required to hold court, in order to take testimony, he may |