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Officers in counties

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

Officers in counties to perform duties of county judge and surrogate.

SEC. 39. The legislature may, on application of the to perform board of supervisors, provide for the election of local

duties of

judge and

County officers not to exceed two in any county, to discharge the surrogate. 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.

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 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 of

office.

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.

Supervisors may provide for election of surrogate in certain counties.

sors may

for elec

surrogate

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. §3, same ch.

Surrogate, election of in certain counties, and salary of.

election of

counties,

of.

SEC. 43. Such resolution shall be immediately deliv- Surrogate, ered by 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

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SEC. 44. The separate officer elected and perfor surrogate the duties of the office of surrogate, and the legal o to com discharging the duties of county judge and of surr and elected at the election provided for in this act, enter upon their duties on the first day of January after such election, and shall hold their office for the te six years from said first day of January, but where officer shall be elected to fill a vacancy, then they enter upon the discharge of the duties of the off which they have been elected immediately upon th ceipt of the certificate of such election. § 5, same

Office of surrogate, when may be vacated or establi SEC. 45. Whenever the office of county judge sh when may vacant in a county having a population exceeding or estab- thousand, the board of supervisors of that count there be a separate officer to perform the duties of office of surrogate in said county, may resolve that shall be no such officer in said county, and thereupo office of such officers shall be deemed vacant and abol from the time the office of county judge shall be f and if there be no such officer, such board may re that there shall be such officer in such county which case such officers shall be elected at the time in the manner in all respects that the county jud said county shall be elected. § 6, same ch.

Surrogate, who to be denominated.

SEC. 46. Where the county judge is also surrogat denomin- may be designated in any paper or proceeding rel ated. to the office of surrogate, as the surrogate of the co

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

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.

Surrogate, who to act in case of disability.

who to act

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, §§ 2485-2497, id.

Election of special county judges and surrogates in Jefferson, Oneida, St. Lawrence, Oswego, Orange, Chautauqua, Cayuga and Tioga counties.

judges and

in Jeffer

SEC. 48. There shall be elected in the counties of Jef- Election of special ferson, Oneida, St. Lawrence, Oswego, Orange, Chau- county tauqua, Cayuga and Tioga at the next general election, surrogates and as often thereafter at any succeeding general election son, as may be in the same manner as other necessary, county Oswego, officers are elected, a local officer or two local officers to Orange,

Oneida, St.
Lawrence,

Chautau

qua, Cayuga

discharge the duties of county judge and surrogate in * * * When the duties

and Tioga their respective counties.

counties.

Chenango

*

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 Chespecial nango a special county judge. Part of 1,

county judge.

Id.

Election of special county

* * *

ch. 538, 1851, as amended by ch. 73, 1852.

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 Sullivan county.

SEC. 51. There shall be elected in the county of Sullijudge and van at the next general election, and as often thereafter surrogate van 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

county.

* * * *

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