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by the first judge, the mayor, or recorder, either alone, or with one or more of the other judges; but it shall be the special duty of the first judge to hold the said court.

TITLE 5.

that court

bond.

[216]

tion.

$ 24. The clerk of the city and county of New York, shall, Clerk of by virtue of his office, be clerk of the court of common pleas to give for the said city and county; and every person hereafter elected to that office, shall, before he enters on the duties thereof, execute a bond to the people of this state, in the penalty of fifteen thousand dollars, with two sufficient sureties, to be approved by the said first judge, conditioned that such Its condiclerk shall well and faithfully, in all things, apply, appropriate and pay over all such sums of money as he may from time to time receive, in virtue of his said office, during his continuance therein; and that if default be made therein, he and his sureties will jointly and severally answer and pay to the parties who may be injured by such default, all damages they may sustain; which bond, when so executed and approved, shall be filed in the office of the clerk of the supreme court in the city of New York.

Laws of 1826, 265, § 1 & 2.

how bond

$25. Whenever any such clerk shall go out of office, and When and shall pay over to his successor all the monies then remaining in to be canhis hands, accompanied by such vouchers and statements celled. in relation thereto, as shall be satisfactory to such successor, to be signified by his certificate under seal, it shall be the duty of the said first judge, to grant an order requiring the clerk of the supreme court, upon the filing of such certificate in his office, to give up the bond executed by the clerk so going out of office, and his sureties, to the parties who executed the same, to be cancelled. And it shall be the duty of the clerk of the supreme court to obey such order.

the court,

$26. The court of common pleas for the city and county Terms of of New York, shall be held on the third Monday of every & month. The several terms shall be called after the different months of the year, in which they are respectively held. Writs of inquiry issuing out of the said court, may be tested and made returnable the second week of the said term.

sessions in

$27. The first judge of the county courts of the city and General county of New York, and the mayor, recorder and aldermen New-York. of the said city, or any three of them, of whom the said first judge, mayor or recorder shall always be one, shall have power to hold courts of general sessions in and for the said city and county of New York.

recorder.

general

$28. It shall be the special duty of the recorder of the city Duty of of New York, to hold the said court of general sessions. $29. The said court of general sessions, shall possess the Powers of like powers as the courts of general sessions for the other sessions. counties in this state, and in addition thereto, shall have power, when the said first judge shall preside, to hear, try and determine any indictment for any crime punishable by imprisonment for life. The court shall also have the same

TITLE 6.

[217]

power, when the mayor or recorder presiding shall be of the degree of counsellor in the supreme court of this state, of at least three years standing.

Laws of 1821, 65, § 5, 6, 7, & 11; 2 R. L., 503, §9; 18 J. R., 187. $30. It shall be the duty of two of the aldermen of the Aldermen city of New-York, to attend as judges of the said court, when notified or required for that purpose, by the mayor or recorder; and the common council may provide a suitable compensation for their attendance.

to attend.

Terms of

court.

Com. pleas in Albany.

Certain acts to be done

2 R. L., 503, § 8.

S31. The said court of general sessions shall commence and be held on the first Monday in every month, and may continue and be held every day, from the commencement thereof, until and including Saturday, in the third week thereafter.

$32. The court of common pleas for the county of Albany, may be held by the first judge of the county courts of the said county, either alone, or with one or more of the other judges; and it shall be the special duty of the first judge to hold the said court.

$ 33. But no district attorney of the said county shall be by at least appointed or removed, nor shall any justice of the peace of said county be removed, unless the court, at the time of such appointment or removal, shall consist of at least three judges of the county courts.

three judges.

Times of holding

com. pleas

$34. The courts of common pleas and general sessions for the county of Albany, shall be held on the third Tuesday of and general March, and the second Tuesdays of June, September and December; but no trial shall be had in any criminal prosecution, during the first week of the said terms.

Albany.

Mayor's

court in Albany.

See Laws of 1858, ch. 330; 1855, ch. 337; ch. 530; 1851, ch. 441, ch. 444; 1850, ch. 205; 1847, ch. 255, ch. 280, ch. 470; 1837, ch. 468; 1830, ch. 186. Code of Procedure, Title 5, Part I.

TITLE VI.

OF MAYORS' COURTS IN CITIES.

SEC. 1, 2 & 3. Mayor's court of Albany, by whom held; its powers and terms.
4, 5 & 6. Mayor's court of Hudson, by whom held; its powers and terms.

7 & 8. Clerk of the court; his duty and that of marshal, &c.

9, 10 & 11. Mayor's court of Troy, by whom held; its powers and terms.
12. Clerk of Rensselaer county to be clerk of court.

13 & 14. Duty of marshal and other officers.

15. Seals of mayors' courts.

16. Names of their several terms.

17. Aldermen may sit as judges; when to hold courts.
18. Courts how adjourned, if not formed on day appointed.

19. Process not to be tested and returnable in same term.
20. Process how to be made returnable.

21 & 22. Form of records of judgments.

$1. The mayor, recorder and aldermen of the city of Albany, or the mayor and recorder jointly, or either of them

singly, with or without the presence of any of the aldermen, shall have power to hold a court of common pleas, to be called, "The mayor's court of the city of Albany."

2 R. L., 501, § 1 & 4; Laws of 1814, 251, § 8.

TITLE 6.

court in

$2. The said court shall have power to hear, try and deter- Mayor's mine, according to law, all local actions arising within the city Albany. of Albany, and also all transitory actions, although the same may not have arisen therein.

$3. The said court shall be held on the first Tuesday of every month, and may be continued, until and including the following Thursday.

2 R. L., 501, § 1 & 4; Laws of 1814, 251, § 8.

Ib.

[218]

court in

S4. The mayor, recorder and aldermen of the city of Mayor's Hudson, or the mayor and recorder jointly or either of them Hudson. singly, with or without the presence of any of the aldermen, shall have power to hold a court of common pleas, to be called "The mayor's court of the city of Hudson."

2 R. L., 502, § 2 & 4.

$5. The mayor's court of the city of Hudson, shall be held Its terms. on the last Tuesday of every month, and the terms thereof may continue to be held two days inclusive.

$6. The mayor's court of the city of Hudson shall have Its powers. power to hear, try and determine, according to law, all actions, real, personal and mixed, arising within the said city, and not elsewhere.

court, &c.

$7. The clerk of the city of Hudson, shall be clerk of the Clerk of the said court; and it shall be the duty of the said clerk, and of the marshal, constables, jailers, and all other subordinate officers in and for the said city, to attend the said court as often as shall be requisite, and to obey and perform all the duties of their respective offices, as well when required by the said mayor's court, or any judge thereof, as otherwise.

2 R. L., 499, § 21 & 22.

marshal &c.

$8. The said marshal, and other ministerial officers of the Duty of said city, shall execute and return all the writs and process of the said court, to them respectively directed, in the same manner as the sheriff and other officers of any court of record in this state.

court in

$9. The mayor, recorder and aldermen of the city of Troy, Mayor's or the mayor and recorder jointly or either of them singly, Troy. with or without the presence of any of the aldermen, shall have power to hold a court of common pleas, to be called "The mayor's court of the city of Troy."

Laws of 1816, 144, § 26, 29 & 35.

$10. The said court shall have power to hear, try and Its powers. determine, according to law, all local actions arising within the city of Troy, and also all transitory actions, although the same may not have arisen therein.

11. The said court shall be held on the first Tuesday of Its terms.

TITLE 6.

Clerk of the

court.

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Duty of marshal and other

officers.

Ib.

Scals of courts.

Names of terms.

Aldermen, to be judges.

every month, at the court-house of the county of Rensselaer, in the said city, and may continue to be held for two days inclusive.

$12. The clerk of the county of Rensselaer, shall, by virtue of his office, be clerk of the said court; and the records and proceedings of the said court shall be filed and kept in the office of the clerk of the said county.

Laws of 1816, 144, § 36.

S 13. It shall be the duty of the marshal, constables, jailers, and all other subordinate officers in and for the said city of Troy, to attend the said court as often as shall be requisite, and to obey and perform all the duties of their respective offices, as well when required by the said mayor's court, or any judge thereof, as otherwise.

Laws of 1816, 144, § 30.

S14. The said marshal and other ministerial officers of the said city, shall execute and return all the writs and process of the said court, to them respectively directed, in the same manner as the sheriff and other officers of any court of record in this state.

15. The seals of the several mayors' courts of the cities of Albany, Hudson and Troy, already devised and made, shall continue to be the seals of the said courts respectively.

$ 16. The several terms of the said courts shall respectively be called after the months in which they are held.

$ 17. Any alderman of the city of Albany, Hudson or Troy, may, in any case, sit as a judge of the mayor's court of his city; and in case of the sickness or absence of the mayor and recorder of either of the above cities, or of their offices being vacant, it shall be lawful for any three aldermen of such city to hold the mayor's court thereof.

2 R. L., 502, § 1, 6, 15, 16 & 17.

Courts how $ 18. In case any of the said courts shall not be formed and continued. held, at the time the same shall be required by law, or at the

time to which it shall have been adjourned, it shall be lawful for any judge, or for the clerk thereof, to adjourn the same from day to day, until a court shall be formed, or until the

next term.

Teste, &c., $ 19. No process in any mayor's court shall be tested and of process. made returnable during the same term; and no process, issuing out of any of the mayor's courts, and delivered to the sheriff, or other proper officer, for service, at any time during term, shall be served, unless the same be made returnable at the term next thereafter.

How returnable.

6 Pai., 109.

$20. All writs and process, issuing out of, or returnable before the said several courts, respectively, and all writs to them directed, shall be made returnable before, or be directed to, "the judges of the mayor's court in and for the city of Albany," or Hudson, or Troy, as the case may be.

TITLE 1.

$21. In the records and proceedings of the said courts, Forms of "judges of the said court," shall be inserted, instead of mayor, records. recorder and aldermen of the said cities.

3 How. P. R., 303.

$22. It shall be unnecessary to insert the names of any mayor, recorder or alderman, in any records of judgments, or other proceedings, in the said courts; and all records of judgments therein, shall be made up in the same form as the like records, in the courts of common pleas of the several counties of this state.

See Laws of 1855, ch. 196; 1851, ch. 483; 1849, ch. 121; 1848, ch. 86; 1844, ch. 189; 1842, ch. 275; 1830, ch, 328; 1829, ch. 101; Code of Proceedure, Title 5, Part I.

CHAP. II.

Of Courts of peculiar and special Jurisdiction.

TITLE 1.-Of surrogates' courts.

TITLE 2.-Of the courts of special sessions of the peace.

TITLE 3.-Of special justices' courts in the several cities of this state.
TITLE 4.-Of courts held by justices of the peace.

TITLE I.

OF SURROGATES' COURTS.

SEC. 1. Jurisdiction of surrogates; to have none but those expressly given.

2. Courts to be always open, especially on every Monday.

3. Present seals continued.

4. When new seals to be made; form; description to be deposited.

5. On seal being lost, &c.. new one to be made; notice to be given.

6. Special powers of surrogates.

7. Books to be provided by them; indexes to be made thereto.

8. To preserve papers, books, &c., and deliver them to his successor.

9. Sheriffs and other officers to obey process, &c., of surrogates.

10. Costs to be awarded in discretion of surrogate.

11. Successor to complete business pending.

12. Jurisdiction once acquired, to be exclusive of other surrogates.

13. Surrogates not to be counsel, &c., in certain cases.

Ib.

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surrogates.

$1. Every surrogate who shall have duly qualified, by Powers of taking the oath and executing the bond required by law, shall hold a court within the limits of the county for which he was appointed, and shall have power,

cised, &c.

1. To take the proof of wills of real and personal estate, in How exer. the cases prescribed by law; and also to take the proof of any will relating to real estate situated within the county of such surrogate, when the testator in such will, shall have died out of this state, not being an inhabitant thereof, and not leaving any assets therein:

2. To grant letters testamentary and of administration:

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