S6. [Sec. 13.] The private secretary of the governor, and the TITLE 4. door-keeper of the executive chamber, shall be appointed by the Governor's governor, and hold their respective offices during his pleasure. $7. The treasurer may be suspended from office by the governor, during the recess of the legislature, and until thirty days after the commencement of the next session of the legislature, whenever it shall appear to him that such treasurer has, in any particular, violated his duty. The governor shall appoint a competent person to discharge the duties of the office during such suspension of the treasurer. [Const., art. v., § 7.] TITLE IV. Of Judicial Officers. [This title as enacted was subdivided into four articles, as follows: ART. 1. Of judicial officers appointed by the governor and senate. ART. 2. Of judicial officers appointed by courts of justice. ART. 3. Of judicial officers appointed by the local authorities of a county or city. The constitution adopted in 1846 having abrogated nearly the whole of the first three articles, the ART. 1 Of judicial officers other than justices of the peace. ART. 2. Of justices of the peace. SEC. 1. Judges of the court of appeals to be elected. 2. To hold no other public trust. 3. To be classified. 4. The judge having least time to serve to be chief judge. 5. Four justices of the supreme court to be judges of the court of appeals. 6. Justices of the supreme court to be classified. 7. Presiding justices of the supreme court. 8. Vacancies in office of judge or justice to be filled by the governor. 9. Clerk of court of appeals. 10. State reporter. 11. County judge in each county except New York. In certain counties a surrogate, 12. Supervisors of certain counties may provide for election of a surrogate. 13. His style of office, 14. Local officers and surrogate's term. 15 Boards of supervisors may create or abrogate the office and fix salaries. 16. Resolutions to be filed with county clerk and secretary of state. 17. County judge and surrogate, separate offices in St. Lawrence. 18. id. in certain other counties. 19. Special county judges and surrogates. 20. Their compensation, and the disposition of their fees. 21. Special county judge in-Chenango. 22. How elected, and term of office. 23, 24. Powers and duties. 25. Certain provisions applicable to judge. 26. Special county judge and surrogate in Sullivan county. 27. Ifis powers. 28. His salary. 29. Special county judge and special surrogate in Washington county. 30. His powers. 31. His salary. 32. Special county judge and surrogate in Essex county. 33. His election, and term of office. 34, 35. His powers, &c. 36. His salary. The 45. Election of justices of superior court, and judges of the court of common pleas in the city and county of New York. private secretary. TITLE 4. SEC. 57. Clerk and crier to be appointed, term of office and compensation. 58. Court to have a seal. Judges to hold no * 65. City judge of Brooklyn. 66. Clerk of city court of Brooklyn. 67. Clerk of New York common pleas. 68. Sheriffs, county-clerks and register of N. Y., and district atttorneys elected for three years. 69. Coroners to be elected. 70. Nomination of notaries public. 71. Length of time offices to be held. 72. Three justices of marine court to be elected in the city and county of New York. 73. To be classified by lot after votes are canvassed. $1. The judges of the court of appeals shall be elected by the electors of the state, and the justices of the supreme court by the electors of the several judicial districts, at such times as may be prescribed by law. [Cons., art. VI., § 12.] * S2. They shall not hold any other office or public trust. All other office. Votes for either of them, for any elective office, (except that of justice of the supreme court, or judge of the court of appeals,) given by the legislature or the people, shall be void. [Cons., art. VI., § 8.] Of court of appeals, fied. *S 3. The judges of the court of appeals elected by the electors how classi- of the state, who shall be first elected, shall be classified by lot to be drawn by the secretary of state, or in his absence by the comptroller, in the presence of the comptroller, attorney-general, treasurer and surveyor-general, or a majority of them, at the office of the secretary of state, immediately after the completion of the canvass of the votes given at the first election of such judges. A certificate of said drawing and classification shall be signed by the secretary of state, comptroller, attorney-general, treasurer, and surveyor-general, or a majority of them, and filed and recorded in Classes how the office of the secretary of state. The classes shall be numbered one, two, three and four, according to the time of service of each; the class having the shortest time to serve being number one, and the term of office of the judge so drawn in class number one, shall end on the thirty-first day of December, one thousand eight hundred and forty-nine; in class number two, on the thirty-first day of December, one thousand eight hundred and fifty-one; in class number three, on the thirty-first day of December, one thousand eight hundred and fifty-three; and in class number four, on the thirty-first day of December, one thousand eight hundred and fiftyfive. [1847, ch. 280, § 4.] numbered Chief judge * S4. The judge of the court of appeals elected by the electors of the state, who shall have the shortest time to serve, shall be the chief judge of said court. [Same ch., § 5.] court to be court of *S 5. Four justices of the supreme court to be judges of the TITLE 4. court of appeals, shall every year be selected from the class of said What justices having the shortest time to serve; and alternately, first tices of from the first, third, fifth and seventh judicial districts, and then supreme from the second, fourth, sixth and eighth judicial districts; and judges of shall enter upon their duties as judges of the court of appeals on appoals. the first day of January, and serve as judges of said court one year, except that those first selected shall enter upon their duties on the first Monday of July next, and continue in office until and including the last day of December, one thousand eight hundred and forty-eight. [1847, ch. 280, § 6.] supreme and how S6. The justices of the supreme court elected at the first elec- Justices of tion thereof, shall be classified by lot, to be publicly drawn by the court, when secretary of state, and in his absence by the comptroller, in the classified presence of the comptroller, attorney-general, treasurer, and surveyor-general, or a majority of them, at the office of the secretary of state, immediately after the completion of the canvass of the votes given at the first election of such justices; and a certificate of said drawing and classification shall be signed by the secretary of state, comptroller, attorney-general, treasurer and surveyorgeneral, or a majority of them, and filed and recorded in the office of the secretary of state. The classes shall be numbered, one, two, three and four, according to the time of service of each; the class having the shortest time to serve, being number one, and the term of office of those so drawn in class number one, shall end on the thirty-first day of December, one thousand eight hundred and forty-nine; in class number two, on the thirty-first day of December, one thousand eight hundred and fifty-one; in class number three, on the thirty-first day of December, one thousand eight hundred and fifty-three; and in class number four, on the thirty-first day of December, one thousand eight hundred and fifty-five. [Same ch., § 14.] justice. $7. The justice of the supreme court in each judicial district Presiding having the shortest time to serve, and who is not a judge of the court of appeals nor appointed or elected to fill a vacancy in the first class, shall be a presiding justice in the supreme court, and in case of the death, absence or inability of the presiding justice appointed to hold any general term of the supreme court, any three justices convened to hold such term may designate one of their number to preside at such general term. [Same ch., § 15, as amended, 1848, ch. 170.] governor to *S 8. In case the office of any judge of the court of appeals, Power of or justice of the supreme court, shall become vacant before the all certain expiration of the regular term for which he was elected, the Vancacies. vacancy may be filled by appointment by the governor, until it shall be supplied at the next general election of judges, when it shall be filled by election for the residue of the unexpired term. [Cons., art. vI., § 13.] the court of *S 9. A clerk of the court of appeals, to be ex officio clerk of Clerk for the supreme court, and to keep his office at the seat of govern- appeals. ment, shall be chosen by the electors of the State; he shall hold his office for three years. [Cons., art. VI., § 19.] ter to be TITLE 4. *S 10. There shall be a reporter of the decisions of the court of State repor appeals, to be denominated "state reporter," who shall be apappointed. pointed by the governor, lieutenant-governor, and attorney-general, and hold his office three years from the date of his appointment; but may be removed, by the concurrent vote of both branches of the legislature. [1848, ch. 224, § 1.] Judges of county term of *S 11. There shall be elected in each of the counties of this Courts, how state, except the city and county of New York, one county judge, chosen, and who shall hold his office for four years. He shall hold the county office. court, and perform the duties of the office of surrogate. In counties having a population exceeding forty thousand, the legislature When two may provide for the election of a separate officer to perform the duties of the office of surrogate. [Cons., art. VI., § 14.] may be elected. Supervisors * of counties having population Over 40,000 may provide for election of surrogate. 12. In all cases where any county in this state, (except the city and county of New York,) shall have a population exceeding forty thousand, the board of supervisors therein, at any meeting of such board, may, by a resolution thereof, provide for the election of an officer other than the county judge, who shall perform the duties of the office of surrogate therein. [1847, ch. 276, § 8.] * 13. Separate officers elected to perform the duties of the office of surrogate, under the fourteenth section of article six of the constitution, shall be denominated "surrogate" of their respective counties. [1847, ch. 276, § 14.] *S 14. The separate officers elected to perform the duties of the office of surrogate, and the local officers to discharge 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 Monday of July next, and hold their offices for the term of four years from the first day of January next; and after the expiration of the term of office of those first elected, the term of office of said officers shall be four years. [1847, ch. 276, § 12.] *S 15. Whenever the office of county judge shall be vacant in a county having a population exceeding forty thousand, or the term of office of such judge shall be about to expire, 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 separate officer in said county, and thereupon the office of such separate officer shall be deemed vacant and abolished from the time that the term of office of said separate officer shall expire; or if there be no such separate officer, said board may resolve that there shall be such separate officer in such county, in which case such separate officer shall be elected at the time, and in the manner in all respects, and for the same term that the county judge in said county shall be elected; and the said county board may at the same time alter the salary of the county judge and fix the salary of such separate officer, but no alteration of the salary of a county judge shall be made to take effect during the continuance of his term of office. Every person elected pursuant to this act, or the act hereby amended, shall have power to take affidavits, and the proof and acknowledgment of deeds and other instruments in writing, with the same force and effect as if taken by a county judge, and for which he may charge the same TITLE 4. fees. [1847, ch. 276, 13, as amended, 1851, ch. 175.] to be filed clerk's 16. Every resolution providing for the election of or dispensing Resolution with such separate officer shall be immediately delivered by the in county clerk of the board of supervisors to the county clerk, whose duty office. it shall be to file the same in his office, and keep the same as a part of the records of such county, and within ten days after such resolution shall be filed in the office of any such county clerk, he shall transmit to the secretary of state to be filed and kept in his office, a copy of such resolution duly certified by him. [1851, ch. 175, § 2.] separate. S17. The office of county judge and the office of surrogate in Offices to be the county of St. Lawrence, shall be separate offices, and a separate officer from that of county judge shall be elected in said county to perform the duties of the office of surrogate. [1847, ch. 244, § 1.] Special surrogates counties. 18. There shall be elected in the counties of Jefferson, county Oneida, St. Lawrence, Oswego, Orange, Chautauque, Cayuga and judges and Tioga, at the next general election, and as often thereafter, at any in certain succeeding general election as may be necessary, in the same manner as other county officers are elected, a local officer or two local officers, to discharge the duties of county judge and surrogate in their respective counties; in cases of vacancy or inability of such officers or either of them, in pursuance of section fifteen of article sixth of the constitution, 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 the said counties where the office of county judge and surrogate shall be separate, there shall be elected, as aforesaid, two local officers; and the term of office of the persons so elected shall commence on the first day of January next after their election; they shall hold their offices for three years, and until others are chosen in their places and duly qualified, and shall be subject to removal in the same manner and for the same causes as county judges and surrogates are subject to be removed. [1849, ch. 306, § 1.] Such * 19. Such local officers, so elected to discharge the duties of Designation county judge, (or of county judge and surrogate in those counties where there is no separate officer to discharge the duties of surrogate,) shall be designated as special county judge; and such local officers, so elected to discharge the duties of surrogate in those counties where there shall be a separate officer to discharge the duties of surrogate shall be designated as special surrogate. local officers, so elected to discharge the duties of county judge, or of county judge and surrogate, or to discharge the duties of surrogate in those counties where there shall be a separate officer to discharge the duties of surrogate, shall possess all the powers and perform the duties which are possessed and can be performed by a county judge out of court; and any proceeding commenced before any such special county judge or special surrogate may be finished by him, or he may by order direct that the same shall be finished by the county judge or by the surrogate, as the case may be. [1851, ch. 108, $ 1.1 Supervisors to allow compensation to such 20. Such local officers shall receive for the services to be rendered by them under the provisions of this act, such compen- officers. |