1. To take proof of a will relating to real property situated in the county, when the testator shall have died out of this state, not being an inhabitant thereof, and not leaving assets therein:

2. To grant and revoke letters testamentary and of administration:

3. To direct and control the conduct, and settle the accounts of executors and administrators:

4. To enforce the payment of debts and legacies, and the distribution of the estates of intestates:

5. To order the sale and disposal of the real property of deceased persons:

6. To appoint and remove guardians, to direct and control their conduct and to settle their accounts:

7. To take the care and custody of the person and estate of a lunatic or habitual drunkard residing in the county, and to appoint and remove committees, to direct and control their conduct, and to settle their accounts:

8. To direct the admeasurement of dower:

9. To exercise the powers conferred upon it by other provisions of this code.

Taken from 2 R. S., 3d ed., 318, sec. 1, except sub-division 7, which is new, but deemed a necessary and proper provison. This jurisdiction now rests with the county courts.

§ 119. The jurisdiction acquired by a surrogate's court over a matter or proceeding, is exclusive of that

of another surrogate's court, except when otherwise provided by this code. And when a guardian is appointed or any other proceeding is commenced, in the surrogate's court of a particular county, all further proeeedings in respect to the same must be continued in that court.

Taken from 2 R. S., 3d ed., 322, sec. 26.

§ 120. The surrogate's court must be held by the surrogate, in each county having a population exceeding forty thousand, in which the legislature have provided or may provide, for the election of a separate officer to perform the duties of the office of surrogate. In every other county, it must be held by the county judge.

Const., art. 6, sec. 14.

§ 121. In case of the inability of the surrogate, or of a vacancy in his office, the court must be held by the county judge, or if he be unable to act, or his office be vacant, by the special county judge, in a county where there is such an officer. If there be no county judge or special county judge, or he be unable to act, it must be held by the district attorney.

§ 122. The officer by whom a surrogate's court is held, as authorised by the last two sections, is in this code denominated the surrogate.

§ 123. The surrogate's court is at all times open for the transaction of business within its jurisdiction; but

it is the especial duty of the surrogate, to attend at his office on Monday of each week, and there hold a surrogate's court.

CHAPTER X.

THE COURTS OF SESSIONS.

ARTICLE I. The courts of sessions, in general.

II. The courts of sessions, other than in the city and county of New.York. 1II. The court of sessions of the city of New-York.

This chapter is sufficiently explained in the code of criminal procedure, p. 19-28.

ARTICLE I.

THE COURTS OF SESSIONS, IN GENERAL.

SECTION 124. Court of sessions in each county.

§ 124. There is, in each of the counties of this state, a court, denominated a court of sessions, with the jurisdiction conferred by the next two articles, and no other; but nothing contained in this section affects its jurisdiction in actions or proceedings now pending therein; nor does it affect any judgment or order already made or proceeding already taken.

ARTICLE II.

THE COURTS OF SESSIONS, OTHER THAN IN THE CITY AND COUNTY OF NEW YORK.

SECTION 125, 126. Their jurisdiction.

127. Indictments for offences punishable with death, to be sent to oyer and terminer.

128. Other indictments may be sent to oyer and terminer.

129. By whom held.

130. When and where held, and their duration.

§ 125. The courts of sessions embraced in this article have jurisdiction,

1. To inquire, by the intervention of a grand jury, of all public offences committed or triable in the county:

2. To try and determine indictments found therein, or sent thereto by the court of oyer and terminer of the county, for public offences not punishable with death:

3. To remove justices of the peace, police justices, and justices of justices' courts of cities in their respective counties, and their clerks, after due notice and an opportunity of being heard in their defence, for causes to be stated in the order of removal:

4. To hear and determine appeals from orders of justices of the peace, under the provisions of the code of criminal procedure respecting the support of bastards:

5. To examine into the circumstances of persons

committed to prison as parents of bastards, and to discharge them in the cases provided by the code of criminal procedure.

6. To hear and determine complaints under the provisions of the code of criminal procedure, respecting masters, apprentices and servants:

7. To review the convictions of disorderly persons actually imprisoned, and to execute the powers conferred and duties imposed by the code of criminal procedure in relation to those persons:

8. To continue or discharge the recognizances, undertakings and bonds of persons bound to keep the peace or to be of good behavior, or both; and to inquire into and determine the complaints on which they were founded, as provided in the code of criminal procedure:

9. To compel relatives of poor persons and committees of the estates of lunatics, to support such persons and lunatics, in the cases and in the manner prescribed by the code of criminal procedure:

10. To exercise the powers conferred by the code of criminal procedure, in relation to the estates of persons absconding and leaving their families chargeable to the public:

11. To exercise the powers conferred upon them by other provisions of this code, or of the code of criminal procedure.

§ 126. In addition to the jurisdiction conferred by the last section, jurisdiction was transferred to and vested in these courts, in their respective counties, on the first