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 charge and receive to his own use, ten cents for each mile for going and the same sum for returning. 2. He must charge and receive to the use of the county for a copy of a paper, ten cents for each folio. Notice to be posted in office. § 8. Within ten days after the passage of this act a surrogate of the county of New York shall cause to be posted in conspicuous positions in the office or offices of the various clerks attached to the said office or court of the said surrogate notices printed in type not smaller than double great primer as follows: "No olerk or assistant in this office is authorized to charge any fee or receive any gratuity for any official services rendered by him, except ten cents a folio for making copies of papers filed or recorded in this office. Any clerk or assistant who does charge a fee or receive a gratuity except as above provided, is guilty of a misdemeanor." Fee book to be kept, entries to be made therein. § 9. The said surrogate shall keep a book showing in detail the fees received under subdivision two of the last preceding section, the nature of the paper copied and the person by whom such fees are paid, and shall pay the fees as received monthly into the treasury of the city of New York, furnishing at the same time to the comptroller of said city an exact account of the fees so received in such form as said comptroller may prescribe. Persons not connected with office not to have desks, etc. § 10. No person unless officially connected with the surrogate's office or court shall after the passage of this act be allowed permanently to have or occupy any desk or position in said office or court as his place of transacting business. The surrogate is expressly prohibited from allowing any person who is not a duly appointed clerk, officer or employee of his said office or court to have any special privileges in or about said office. Acts repealed. § 11. Sections twenty-five hundred and two of the Code of Civil Procedure, and section twenty-five hundred and eight of said Code, so far as said section relates to the county of New York, and sections eleven hundred and eighty, eleven hundred and eighty-nine, eleven hundred and ninety-one, and twelve hundred and four of chapter four hundred and ten of the laws of eighteen hundred and eight-two, and all acts and parts of acts inconsistent with this act are hereby repealed. L. 1888, Chap. 232 —An act to authorize the surrogate of the county of Albany to appoint a stenographer. Appointment; salary; duties; fees. SECTION 1. The surrogate of the county of Albany is hereby authorized to appoint by a written appointment to be filed with the county treasurer of the county of Albany a court stenographer. Said stenographer shall receive a salary of not to exceed twelve hundred dollars per annum, and shall deliver to the surrogate a full copy of all minutes taken by him; and upon the receipt of his fees, which shall not exceed three cents per folio, a like copy to the party, or each of the parties, to the proceeding in which the minutes were taken. Other clerical duties; removal. § 2. Said stenographer, when not actually engaged in the discharge of his duties as such, shall perform such clerical duties in connection with the surrogate's court as the surrogate may direct and may be removed by said surrogate at pleasure by the filing of a notice to that effect with the county treasurer of Albany county. The provisions of the Code of Civil Procedure applicable to stenographers shall apply to such stenographer except where they conflict with the provisions of this act. TITLE II. Of the Courts of Special Sessions of the Peace. [Repealed by L. 1880, ch. 245.] ART 2. [223-224] TITLE III. Of Special Justices' Courts in the several Cities of this State. [Repealed by L. 1880, ch. 245.] TITLE IV. Of Courts held by Justices of the Peace. [224] [224-266] ART. 1.-Of the jurisdiction of justices' courts. [Repealed by L. 1880, ch. 245.] ART. 2.-Of the commencement of suits, and the service and return of process. [Repealed by L. 1880, ch. 245.] ART. 4.-Of pleadings and of set-offs. [Repealed by L. 1880, ch. 245.] ART. 5.-Of adjournments. [Repealed by L. 1880, ch. 245.] ART. 6.-Of compelling the attendance of witnesses. [Repealed by L. 1880, ch. 245.] ART. 7.-Of the trial of issues of fact, and the incidents thereto. [Repealed by L. 1880, ch. 245.] ART. 8. Of judgments, and filing transcripts thereof. [Repealed by L. 1880, ch. 245.] ART. 9.-Of executions; of sales thereon, and of impris‹ nment. [Repealed by L. 1880, ch 245.] ART. 10.-Of the removal of causes to the court of common pleas, by certiorari. [Repealed by L. 1880, ch. 245.] ART. 11.-Of appeals to the courts of common pleas. [Repealed by L. 1880, ch. 245.] ART. 12. Of the fees of officers, and of witnesses and jurors, for services under this title. [Repealed by L. 1880, ch. 245.] ART. 13.—General provisions concerning justices' courts, and proceedings therein. ARTICLE SECOND. OF THE COMMENCEMENT OF SUITS, AND THE SERVICE AND RETURN OF PROCESS. SEC. 11-22. [Repealed.] 23. Bond to be given before warrant to issue to detain a canal boat. 24. Penalty and condition of bond. 25-38. [Repealed.] [Sections 11-22 were repealed by L. 1880, ch. 245.] tention of boats. § 23. Whenever an action shall be brought to recover any penalty Bond to au imposed by law for taking any rails, boards, planks or staves, from thorize dethe banks or vicinity of a canal, in which a justice is authorised to canal direct the detention of any canal boat, he shall not endorse such direction on any warrant, unless a bond, as prescribed in the next section, shall be executed and delivered to such justice. [L. 1824, 280, §§ 3, 4 and 5. L. 1827, 373, § 2.] and condi tion. = TITLE 4. § 24. Such bond shall be in the penalty of at least one hundred Its penalty dollars, with one or more sureties, to be approved by such justice, conditioned that such action shall be prosecuted to judgment with all convenient speed, and that if judgment be rendered in favor of the defendant, the obligors will pay the costs and charges which shall be adjudged against the plaintiff, and all damages which may ensue from the detention of such boat and the cargo thereof, and the crew navigating the same. [The same.] [Sections 25-38 were repealed by L. 1880, ch. 245.] L. 1881, Chap. 414 – An act permitting the verification of pleadings in the justice's court. Plaintiff or agent may make complaint in writing in actions to recover money only; to bẻ verified. SECTION 1. In an action brought in any of the justices' courts of this state arising on contract for the recovery of money only, or on an account, the plaintiff or his agent, at or before the time of the issuing of the summons, may make a written complaint stating in a plain, concise manner the facts constituting the cause of action, specifying therein the amount actually due from the defendant to the plaintiff in said action, and praying judgment against the said defendant for the amount so claimed to be due to him, which said complaint shall be subscribed by the plaintiff or his agent, and shall be verified in the manner and as provided by section five hundred and twenty-six of the Code of Civil Procedure. Said summons and complaint shall be attached and shall be served upon the defendant by delivering to and leaving with him, personally, true copies thereof, not less than six nor more than twelve days before the return day thereof, and the official certificate of the constable making such service shall be sufficient evidence thereof. 40 Hun, 246. Answer to be in writing and verified. § 2. In case the defendant appears and answers in such action, his answer shall be in writiug, and shall be verified as above provided for the verification of the complaint, and must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. 2. A statement of any new matter constituting a defence, offset or counterclaim. In case of failure to answer or demur, complaint to be deemed to be true. § 3. In case the defendant fails to answer or demur to said complaint, as herein before provided, at the time of the return of said summons, he shall be deemed to have admitted the allegations of the complaint as true, and the court shall, upon filing the summons and complaint, with due proof of the service thereof, enter judgment for the said plaintiff and against the defendant, for the amount demanded, in such complaint, with costs, without further proof. 35 Hun, 345. [267-272] ARTICLE THIRTEENTH. GENERAL PROVISIONS CONCERNING JUSTICES' COURTS, AND PROCEEDINGS THEREIN. SEC. 231. This title to apply to justices' courts in Albany, Hudson and Troy ; but not in New York. 232-267. [Repealed.] 268 & 269. Proceedings to remove from office constables who have neglected to pay over money collected. 270. Office vacated by service of instrument of removal. 271-286. [Repealed.] |