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election of a separate officer to be surrogate, whose term of office shall be the same as that of the county judge. Part of g 15, art. 6, State Constitution.

Oficers in counties to perform duties of

Officers in counties to perform duties of county judge

and surrogate. Officers in Sec. 39. The legislature may, on application of the to perform board of supervisors, provide for the election of local countand officers not to exceed two in any county, to discharge the

duties of county judge and of surrogate in cases of their inability or of a vacancy, and to exercise such other powers in special cases as may be provided by law. $ 16, art. 6, State Constitution.

judge and surrogate.

County judge,

duties and term of office.

County judge, election of — duties and term of office.

SEC. 40. There shall be elected at the next general election of election a county judge, in the respective counties of this and term State, where the term of the present county judge shall

expire on the first day of January, one thousand eight hundred and seventy-two, and in the counties in which the term of the present county judge does not expire on that day, then at the general election preceding the date on which such term shall expire (except in the counties of New York and Kings), who shall hold office for six years, and shall perform all the duties, possess all the powers now conferred upon county judges, or which may hereafter be conferred, and shall perform all of the duties which now or may be hereafter imposed by the laws of this State; provided, however, that nothing in this act contained shall affect the election of county judge of the county of Greene had at the general election in the year eighteen hundred and seventy, and the said election of said county judge is hereby legalized and confirmed for the full term of six years from the first day of January, eighteen hundred and seventy-one. § 1, ch. 859, 1871, entitled An act to provide for the election of certain judicial and other officers, and to fix their terms of office.Passed April 28, 1871; three-fifths being present.

Surrogate, election of — term of office. Surrogate, Sec. 41. There shall be elected at the next general election a separate officer to perform the duties of the term of office of surrogate in each of the counties of this State, where the term of the present surrogate shall expire on the first day of January, one thousand eight hundred and seventy-two, and in counties in which the term of the present surrogate does not expire on that day, then at the general election preceding the date on which such term shall expire, and in counties having a population exceeding forty thousand, in which such separate officer shall be determined upon as hereinafter provided. § 2, ch. 859, 1871.

election of

sors may

for elec

Supervisors may provide for election of surrogate in cer

tain counties.

SEC. 42. In all cases where any county in this State Supervi(except the counties of New York and Kings) shall have provide a population exceeding forty thousand, the board of su- tion of pervisors therein, at any meeting of such board, special in certain or regular, called in the usual form, may, by resolution thereof, provide for the election, at the following general election, of an officer other than the county judge, who shall perform the duties of surrogate therein. 83, same

counties.

ch.

counties,

Surrogate, election of in certain counties, and salary of.
Sec. 43. Such resolution shall be immediately deliv- Surrogate,

election of ered hy the clerk of the board of supervisors to the county in certain clerk, whose duty it shall be to file the same in the office and salary of the clerk of said county, and keep the same as a part of the records thereof. Within ten days after such resolution shall be filed in the office of such county clerk, he shall transmit to the office of the secretary of State, to be filed and kept in his office, a copy of such resolution, duly certified by him. The board of supervisors in the several counties of this State (except New York and Kings) shall, at the annual meeting in the year eighteen hundred and seventy-one, fix the salary of the county judge, in those counties where the salary has not been fixed since the adoption of the sixth article of the constitution, and in counties in which surrogates shall be elected they shall fix the salary of the surrogate, which

salaries shall not be less than the salaries now paid such officers respectively. $ 4, ch. 859, 1871.

judge and surrogate - term of Office, when to conmence.

County judge and surrogate - term of office, when to

commence. Countyna Sec. 44. The separate officer elected and performing sureegate the duties of the office of surrogate, and the legal officer

en discharging the duties of county judge and of surrogate

and elected at the election provided for in this act, shall enter upon their duties on the first day of January next after such election, and shall hold their office for the term of six years from said first day of January, but where such officer shall be elected to fill a vacancy, then they shall enter upon the discharge of the duties of the office to which they have been elected immediately upon the receipt of the certificate of such election. § 5, same ch.

Office of surrogate,

be vacated or estabhishod.

Office of surrogate, when may be vacated or established.

SEC. 45. Whenever the office of county judge shall be when may vacant in a county having a population exceeding forty or estab- thousand, the board of supervisors of that county, if

there be a separate officer to perform the duties of the office of surrogate in said county, may resolve that there shall be no such officer in said county, and thereupon the office of such officers shall be deemed vacant and abolished from the time the office of county judge shall be filled; and if there be no such officer, such board may resolve that there shall be such officer in such county, in which case such officers shall be elected at the time and in the manner in all respects that the county judge in said county shall be elected. $ 6, same ch.

Surrogate, who to be denominated. Surrogate, Sec. 46. Where the county judge is also surrogate, he denomin- may be designated in any paper or proceeding relating

to the office of surrogate, as the surrogate of the county, without any addition referring to his office as county judge. A local officer elected as prescribed in the constitution to discharge the duties of surrogate, or of county judge and surrogate, is designated in this act, and when acting as surrogate, may be designated as the “spe

who to be

ated.

cial surrogate” of this county. Where an officer other than the surrogate acts as surrogate in a case prescribed by law, he must be designated by his official title with the addition of the words, “and acting surrogate.” § 2483, Code of Civil Procedure.

who to act

disability.

Surrogate, who to act in case of disability.

Sec. 47. Where in any county, except New York or Surrogate, Kings, the office of surrogate is vacant, or the surrogate in case of is disabled, by reason of sickness, absence or lunacy, and special provision is not made by law for the discharge of the duties of his office in that contingency, the duties of his office must be discharged until the vacancy is filled or the disability ceases as follows:

1. By the special surrogate.

2. If there is no special surrogate, or he is in like manner disabled or is precluded or disqualified, by the special county judge.

3. If there is no special county judge, or he is in like manner disabled, or is precluded or disqualified, by the county judge.

4. If there is no county judge, or he is in like manner disabled, or is precluded or disqualified, by the district attorney.

But before an officer is entitled to act, as prescribed in this section, proof of his authority to act, as prescribed in section 2487 of this act (Code of Civil Procedure) must be made. $ 2484, Code of Civil Procedure; see, also, SS 2485–2497, id.

special

Election of special county judges and surrogates in Jef

ferson, Oneida, St. Lawrence, Oswego, Orange, Chautauqua, Cayuga and Tioga counties.

SEC. 48. There shall be elected in the counties of Jef- Election of ferson, Oneida, St. Lawrence, Oswego, Orange, Chau-county

judges and tanqua, Cayuga and Tioga at the next general election, surrogates and as often thereafter at any succeeding general election sonda as may be necessary, in the same manner as other county Lawrence, officers are elected, a local officer or two local officers to Orange,

Oneida, Sto

Oswego,

Chautau

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discharge the duties of county judge and surrogate in and Tioga their respective counties. * * * * When the duties

of county judge and surrogate shall be discharged by the same person there shall be elected as aforesaid one local officer, and in such of said counties where the office of county judge and surrogate shall be separate there shall be elected as aforesaid two local officers. * * * Part of § 1, ch. 306, 1849. See note to § 50, post.

Election of Chenango special county judge, Election of Sec. 49. There shall be elected in the county of CheChenango

nango a special county judge. * * * Part of $ 1, judge. ch. 538, 1851, as amended by ch. 73, 1852.

special county

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Id.

Sec. 50. Such county judge shall be elected at the next general election in said county and once in four years (now six years) thereafter, in the same manner as the county judge in said county is elected, and all provisions of law relating to the election of county judges, and to filling vacancies in the office of county judge, shall be applicable to the office created by this act. The term of office of such special county judge shall commence on the first day of January next after the election, and he shall hold his office for the term of four years (now six years] and until another is elected in his place and duly qualified. * * * Part of $ 2, ch. 538, 1851. (By 15, of art. 6 of State Constitution, as amended in 1869, it is provided that the county judges, in office at the time of the adoption of said article shall hold their offices until the expiration of their respective terms, and that their successors shall be chosen by the electors of the counties for the term of six years.) Election of special county judge and surrogate of Sulli

van county.

Sec. 51. There shall be elected in the county of Sulliid van at the next general election, and as often thereafter Bursasaran at any succeeding general election as may be necessary,

in the same manner as other county officers are elected, a local officer to discharge the duties of county judge and surrogate of said county, * * * * and the term

Election of special county judge and

county.

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