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Where the county judge is also surrogate, he may be designated simply as surrogate when acting as such. Where the surrogate is a distinct officer, the county judge or other officer, when acting as surrogate, shall be designated by his official title, with the addition of the words, "and acting surrogate;"

Four justices of the peace in each town, except where a different number is provided for by special statute;"

So many justices of the peace in cities and in villages, and so many police justices in cities and villages, as are prescribed by their charters, or by special statutes ;""

18

Six justices of the superior court of the city of New York;1

Three judges of the court of common pleas for that city."

16 Laws of 1853, ch. 648, § 1.

171 R. S., 321, § 68. There are now eight in Brookhaven, Suffolk
county (Laws of 1854, ch. 94); five in each of the following towns:
Hector, Tompkins county. (Laws of 1851, ch. 40.) Hanover, Chau-
tauqua county. (Laws of 1852, ch 7.) Pomfret, Chautauqua co.
(Tb., ch. 16.) Harmony, Chautauqua county. (Laws of 1855, ch. 12.)
Beekmantown, Clinton county. (Laws of 1852, ch. 157.) Canton, St.
Lawrence county. (Ib., ch. 79.) Potsdam, St. Lawrence county.
(Laws of 1853, ch. 3.) Ellisburgh, Jefferson county. (Laws of 1854,
ch. 26.) Lenox, Madison county. (Ib., ch. 31.) Champlain, Clin-
ton county. (Ib., ch. 25.) Schodack, Rensselaer county. (Laws of
1857, ch. 59.) Niagara, Niagara county. (Ib., ch. 130.) Fort Ann,
Washington county. (Ib., ch. 665.) One, and not more than four,
in the town of Shelter Island. (Laws of 1852, ch. 53, § 1.)
18 1 R. S., 305.

19 Code of Procedure, § 40.

1 R. S., 316, § 36; 317, § 41.

Three justices of the superior court of the city of Buffalo;"

A recorder in each of the cities of New York, Albany, Hudson, Troy, Schenectady, Utica, Oswego, Poughkeepsie ;"

A city judge in the city and county of New York;"

A city judge of the city court of Brooklyn;"

Three justices of the marine court of the city of New York;"

Three justices of the peace of the justices' court, and two police justices, in the city of Albany;

Three justices of the justices' court in the cities of Hudson and Troy respectively;

A justice and a police justice in each of the first seven judicial districts of the city of New York, and a police justice in the eighth."

21 Laws of 1851, ch. 96, p. 222,

§ 1. "1 R. S., 305.

23

23 Laws of 1852, 647.

24 1 R. S., 305; Laws of 1854, ch.

65.

Elected judges in

the court of appeals.

Judges of

the court of

appeals

ARTICLE II.

MODE OF ELECTION OF JUDICIAL OFFICERS.

SECTION 157. Elected judges in the court of appeals.

158. Judges of the court of appeals taken from the supreme

court.

159. Justices of the supreme court, how elected.

160. Vacancies.

161. County judges.

162. Surrogate of New York.

163. Surrogates in other counties.

164. When office of surrogate may be created.

165. Special county judges and special surrogates.

166. Special county judge in Essex.

167. Justices of the peace.

168. Election of New York superior court and common pleas

judges.

169. Justices of the superior court of Buffalo.

170. Recorders in cities.

171. City judges of New York and Brooklyn, and the police

justice and justices of the peace of Brooklyn.

172. Justices of the marine court of New York city.

173. Removal of justices of marine court.

174. Justices of district courts and police justices in New

York city.

175. Justices of justices' courts, justices of the peace and police justices in cities.

§ 157. Four of the judges of the court of appeals are elected by the electors of the state, and hold their offices for eight years. One of the four is to be elected at the general election in the year 1861, and every alternate year thereafter.

Const., art. VI, §§ 2, 12; 1 R. S., 311, § 3.

$158. The remaining four judges of the court

taken from of appeals are taken in each year, from among the

the su

preme

court.

justices of the supreme court, in the following

manner:

year

During the year 1861, and every alternate thereafter, the justice in the second, the fourth, sixth and eighth judicial districts respectively, who then has the shortest time to serve, is to act as a judge of the court of appeals. During the year 1860, and every alternate year thereafter, the justice in the first, the third, fifth and seventh judicial districts respectively, who then has the shortest time to serve, is to act as a judge of the court of appeals.

1 R. S., 311, § 5.

supreme court, how elected.

§ 159. The justices of the supreme court are Justices of elected by the electors of their several judicial districts, and hold their offices for eight years, One in each district is to be elected at the general election in the year 1861, and every alternate year thereafter. And in the first district a fifth justice is to be elected at the general election in the year 1860, and every eighth year thereafter,

1 R. S., 312, § 6; Laws of 1852, ch. 374.

§ 160. The mode of filling vacancies in the Vacancies, court of appeals and the supreme court is prescribed by the Constitution.

Const., art. VI, § 13.

judges.

§ 161. The county judges are elected by the County electors of their respective counties. Hereafter they are to be elected at the general election in the year 1863, and every fourth year thereafter.

Ib., § 14.

Surrogate of New York.

Surrogates in other counties.

When office of surrogate may be created,

Special County judges and

§ 162. The surrogate in the city and county of New York is elected by the electors of that city and county, and holds his office for three years. The next is to be elected at the general election in the year 1860, and every third year thereafter.

1 R. S., 316, § 33.

§ 163. Surrogates, in counties other than New York, are elected at the same time, in the same manner, and for the same term as county judges.

§ 164. Whenever, in any county (except that of New York) which has a population exceeding forty thousand, the office of county judge is vacant, or its term is about to expire, the board of supervisors therein may, by resolution at any meeting, determine whether the office of surrogate shall be held as a separate office in such county. They may at the same time alter the salary of the county judge and fix the salary of the surrogate, if there is to be one, to take effect at the expiration of the current term of office. The clerk of the board shall immediately deliver the resolution to the county clerk, who shall file the same, and within ten days thereafter transmit a certified copy to the secretary of state.

1 R. S., 313, §§ 12, 15, 16.

§ 165 The special county judges and special

special sur- surrogates are elected by the electors of their

rogates.

respective counties at the general election next

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