During the year 1861, and every alternate year 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. the 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. Const., art. VI, § 14. Surrogate of New York. Surrogates in other counties. When office of surrogate may § 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 1 R. S., 316, § 33. every § 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 be created. 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. Special county judges and 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 preceding the expiration of the term of office of their predecessors respectively. The term of office of all hereafter elected shall commence on the first day of January succeeding their election, and continue three years. Their compensation is fixed by the supervisors of the respective counties; and all fees received by them shall be paid to the county treasurer of their respective counties, to be applied towards the payment of county charges. 1 R. S., 314, §§ 18, 20. In Chenango, Washington and Tompkins counties the term is now four years, while in other counties it is three. There seems to be no reason for retaining this anomaly. We have accordingly followed the term prescribed for the majority of counties in which the office exists. county judge in § 166. The special county judge in the county Special of Essex shall keep his office in the village of Essex. Elizabethtown. Laws of 1857, ch. 461. the peace. § 167. The mode of election and term of office Justices of of justices of the peace, is prescribed by title IV of part IV of this Code, entitled "General laws for the government of towns." They may be removed by the county court after notice of charges and an opportunity of being heard in defense, as prescribed in the CODE OF CRIMINAL PROCEDURE. 1 R. S., 321, §§ 68, 69. Election of New York superior § 168. The justices of the superior court of the court and city of New York, and the judges of the court of common pleas judges Justices of the superior court of Buffalo. Recorders in cities. common pleas thereof, are elected by the electors of that city and county; and the term of office of each is six years. Two of the justices of the superior court and one of the judges of the court of common pleas are to be elected at the general election in the year 1861, and every alternate year thereafter. 1 R. S., 317, §§ 37, 40. § 169. The justices of the superior court of the city of Buffalo are elected by the electors of that city at an election on the first Tuesday of June. One is to be elected in the year 1861, one in 1862, and one in 1863, and thereafter one in each year preceding the expiration of a term. The term of office of all hereafter elected is eight years, except when elected to fill a vacancy. Laws of 1854, ch. 96. § 170. The recorders of cities are elected by the electors of their respective cities, and each holds his office for four years, except when elected to fill a vacancy. 1 R. S., 316, § 31. There seems to be no reason why the term of office of the recorder of the city of New York should be different from that of the recorders of other cities. It is now three years. 1 R. S., 316, § 33. The above provision makes the term of all uniform. the peace of York and and the police jus tices and 171. The city judge of the city of New York City judges and the city judge, police justices and justices of Brooklyn of the city of Brooklyn. The term of office of the city judge of Brooklyn is six years, that of each of the others four years; except in the case of one elected to fill a vacancy. 1 R. S., 316; Laws of 1852, ch. 314. The present statute provides that the term of office of the city judge and justices of Brooklyn shall commence on the first of May. It is supposed that one uniform provision contained in section 200, ought to apply to all these offices. § 172. The justices of the marine court of the city of New York are elected by the electors of of that city and county, and those hereafter elected hold their offices six years. One of the three is to be elected at the general election in the year 1861, and one in each alternate year thereafter. Laws of 1852, ch. 389. justices of the peace of Brooklyn. justices of court. § 173. Whenever the supervisors of the city of Removal of New York are satisfied that any justice of the marine marine court is guilty of gross misconduct or habitual neglect of duty, or is incapable of performing his share of the duties of the court, they may, by vote of a majority, suspend him from office and terminate his compensation. They shall thereupon present a statement of the grounds of their action to the court of common pleas of the city and county of New York, and serve a copy thereof upon the justice suspended. The court of com |