$ 13. It shall be the duty of the marshal, constables, jailers, and TITLE 6. all other subordinate officers in and for the said city of Troy, to attend Duty of marthe said court as often as shall be requisite, and to obey and perform shal and all the duties of their respective offices, as well when required by the said mayor's court, or any judge thereof, as otherwise.7

other cfficers.

$14. 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.

courts.

$ 15. The seals of the several mayors' courts of the cities of Alba- Seals of ny, 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 Names of called after the months in which they are held.

terms.

be judges.

$17. Any alderman of the city of Albany, Hudson or Troy, may, Aldermen, to 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.

continued.

318. In case any of the said courts shall not be formed and held, Courts how 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.8

process.

319. No process in any mayor's court shall be tested and made Teste, &c. of 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.8

ble.

320. All writs and process, issuing out of, or returnable before the How returna 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.s

records.

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

322. It shall be unnecessary to insert the names of any mayor, re- n. corder 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.8

(7) Laws of 1816, p. 144, § 30. (8) 2 R. L. p. 502, § 1, 6, 15, 16 & 17

TITLE 1.

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.

Powers of surrogates.

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.

SECTION 1. Every surrogate who shall have duly qualified, by 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 How exercis- shall have power,

ed, &c.

1. To take the proof of wills of real and personal estate, in 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 :

3. To direct and control the conduct and settle the accounts of ex ecutors 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 disposition of the real estates of deceased

persons:

6. To administer justice in all matters relating to the affairs of deceased persons, according to the provisions of the statutes of this state: 7. To appoint guardians for minors, to remove them, to direct and control their conduct, and to settle their accounts, as prescribed by

law:

8 To cause the admeasurement of dower to widows:

Which powers shall be exercised in the cases, and in the manner, TITLE 1. prescribed by the statutes of this state, and in no other; and no surrogate shall, under pretext of incidental power or constructive authority, exercise any jurisdiction whatever, not expressly given by some

statute of this state.

to be open.

$ 2. The surrogates' courts shall be at all times open, for the hear- Courts, when ing of any matters within the jurisdiction thereof; and particularly on Monday of each week, it shall be the duty of every surrogate to attend at his office, to execute the powers and duties conferred on him.

courts.

$3. The seals of the several surrogates of the respective counties Seals of of this state, of which a description in writing has heretofore been deposited and recorded in the office of the secretary of this state, shall continue to be the seals of the surrogates' courts of such counties respectively.1

counties, &c.

$ 4. Whenever a surrogate shall be appointed for any county here- Seals for new after organized, or for any county for which no surrogate's seal shall have been provided, he shall, at his own expense, cause a seal to be made for his office, with such device as he shall think proper, upon which shall be inscribed the name of the county for which such surrogate was appointed, and the words "Surrogate Seal." He shall deliver a description of such seal to the secretary of state, to be by him deposited and recorded in his office as part of the public records of this state; and the same shall thereupon be the seal of the surrogate's court of such county.'

seals lost, &c.

$ 5. Whenever the seal of the surrogate's court of any county shall To replace! be so injured that it can not be conveniently used, the surrogate shall destroy the same; and whenever the surrogate's seal shall be lost or destroyed, he shall, at his own expense, provide a new seal, similar in all respects to such former seal, and shall give notice thereof in writing to the secretary of state, who shall file such notice; and thereupon such new seal shall become the seal of the surrogate's court of such county.

36. Every surrogate shall have power,

ers of surro

1. To issue subpoenas under his seal of office, to compel the attend- Special pow ance of any witness, or the production of any paper, material to any gates. inquiry pending in his court, the form of which shall be similar to that To issue subused by courts of record in the like cases:

pœnas.

ments against

2. To punish disobedience to any such subpoena, and to punish wit- Ib. attachnesses for refusing to testify after appearing, in the same manner and witnesses. to the same extent, as courts of record in similar cases, and by process similar in form to that used by such courts:

(1) 1 R. L. p. 445, § 4.

TITLE 1. 3. To issue citations to parties in all matters cognizable in his court, and in the cases, prescribed by law, to compel the appearance of such parties:

lb. citations.

Ib. attachments against parties.

To exemplify records, &c.

To punish contempts.

Books to be provided.

attached.

4. To enforce all lawful orders, process and decrees of his court, by attachment against the persons of those who shall neglect or refuse to comply with such orders and decrees, or to execute such process; which attachments shall be in form similar to that used by the court of chancery in analogous cases:

5. To exemplify under his seal of office, all transcripts of records, papers or proceedings, therein; which shall be received in evidence in all courts, with the like effect as the exemplifications of the records, papers and proceedings of courts of record:

6. To preserve order in his court during any judicial proceeding, by punishing contempts which amount to an actual interruption of business, or to an open and direct contempt of his authority or person, in the same manner and to the same extent, as courts of record.

$ 7. The surrogate of each county shall provide and keep the following books:

1. A book in which shall be fully and distinctly recorded all wills, testaments and codicils proved before him, and the proof thereof; and in which he may also record any will relating to real estate situated within his county, which shall have been duly proved before, and recorded by, any other surrogate; upon the production of an exemplified copy of such record:

2. A book in which shall be recorded in like manner, all letters testamentary, and of general and special administration:

3. A book in which shall be entered all accounts of executors and administrators, settled before him:

4. A book in which shall be entered all minutes of other proceedings, by or before him, in relation to the estates of deceased persons, with all orders and decrees made by him, and minutes of all citations, subpoenas, attachments and other process issued by him, in relation to such estates; and the testimony taken by him in relation to the granting or revocation of letters testamentary, or of administration:

5. A book in which shall be recorded the appointment of guardians for infants, the revocation of any such appointment, and the accounts rendered by such guardians, at full length:

6. A book in which shall be entered all proceedings in relation to the admeasurement of dower, and all orders, reports and decrees thereupon:

Indexes to be To each of the said books there shall be attached an index of the subjects therein, with a reference to the pages where such subjects may be found; which, together with such books, shall at all proper times be open to the inspection of any person paying the fees allowed by law for such examination.

Papers, &c to

§8. Every surrogate shall carefully file and preserve all affidavits, TITLE 2. petitions, reports, accounts, and all other papers belonging to his court; and all such papers, and the books kept by him, shall belong and ap- bo preserved. pertain to his office, and be delivered to his successor.

be

to obey pro

39. Every sheriff, jailer, coroner, or other executive officer, to sheriffs, &c. whom any citation, subpoena, attachment, or other process, issued by cese a surrogate's court, may be directed or delivered for the purpose of being executed, shall execute the same, in the same manner as if issued by a court of record, and for any neglect or misfeasance therein, shall be subject to the same penalties, actions and proceedings, as if the same had occurred in relation to any process issued by courts of record.

tested cases.

$10. In all cases of contest before a surrogate's court, such court Costs in conmay award costs to the party in the judgment of the court entitled thereto, to be paid either by the other party personally, or out of the estate, which shall be the subject of such controversy.

successor.

$11. Upon the office of any surrogate becoming vacant, his suc- Powers of cessor shall have power and authority to complete any business that may have been begun, or that was pending before such surrogate.2

risdiction in

$12. When jurisdiction shall have been acquired by any surro- Exclusive jugate's court, in relation to any matter or proceeding, such jurisdiction, certain cases. over the same matter and all its incidents, shall be exclusive of all other surrogates, except when otherwise provided by law. And whenever any guardian shall have been appointed, or any other proceeding shall have been commenced, in relation to any other matter, in any surrogate's court, all other proceedings in relation to such guardian or other matter, shall be had and continued in the surrogate's court of the same county.

counsel. &c.

313. No surrogate shall be counsel, solicitor or attorney, for or Not to be against any executor, administrator, guardian or minor, in any civil action, over whom or whose accounts he could have any jurisdiction by law.

TITLE II.

OF THE COURTS OF SPECIAL SESSIONS OF THE PEACE.

Sec. 1. By whom such courts may be held in New-York.

2. Sheriffs to execute judgments, &c.; how authenticated.

3. By whom such courts may be held in other counties.

$1. Courts of special sessions of the peace may be held in and for

By whom to be held in

the city and county of New-York, by any three judges of the court of New-York. common pleas of the said city and county, of whom the first judge of said court, the mayor or recorder of said city, shall always be one, in the cases and for the purposes provided by law.3

(2) 1 R. L. p, 455. (3) 2 R. L. p. 504, § 13; 354, § 41; 508, § 8.