second or nation to be $175. [Sec. 80.] If the coroner so designated shall not, within ART: 5. the time above specified, give such security as is above required, When it shall be the duty of the county judge1 to designate, in like other desig manner, another coroner of the county, to assume the office of made. sheriff; and in case it shall be necessary so to do, the county judge1 shall proceed to make successive designations, until all the coroners of the county shall have been designated to assume such office. And all the provisions contained in the two last sections. shall apply to every such designation, and to the coroner named therein. one coro duty and 176. [Sec. 81.] Whenever any such vacancies shall occur in When but the offices both of sheriff and under sheriff of any county, if there er, his shall be but one coroner of such county then in office, such coro- powers. ner shall be entitled to execute the office of sheriff of the same county, until a sheriff shall be duly elected or appointed, and qualified; but before he enters on the duties of such office, and within ten days after the happening of the vacancy in the office of the under sheriff, he shall execute, with sureties, a joint and several bond to the people of this state, in the same amount, and with the same number of sureties, as may be required by law from the sheriff of such county; and such bond shall be subject in all respects, to the same regulations as the security required from the sheriff. judge to $177. [Sec. 82.] If such coroner solely in office on the happen- When ing of such vacancies, shall neglect or refuse to execute such bond appoint. within the time above specified; or if all the coroners, where there are more than one in office on the happening of such vacancies, shall successively neglect or refuse to execute such bond within the time required, it shall be the duty of the county judge1 of the county, in which such vacancies shall exist, to appoint some suitable person to execute the office of sheriff of the same county, until a sheriff shall be duly elected or appointed, and qualified. $178. [Sec. 83.] Such appointment shall be in writing, under I. the hand and seal of the county judge,' and shall be filed in the office of the county clerk, who shall forthwith give notice thereof to the person so appointed. power of person $179. [Sec. 84.] The person so appointed, shall, within six Duty and days after receiving notice of his appointment, and before he enters on the duties of the office, give such security as may be re-appointed. quired by law of the sheriff of such county, and subject to the same regulations; and after such security shall have been duly given, such person shall execute the office of sheriff of the county, [382] until a sheriff shall be duly elected or appointed, and qualified. Coroners to act until, $180. [Sec. 85.] Until some coroner designated, or some person appointed by the county judge,' shall have executed the secu- &c. rity above prescribed; or until a sheriff of the county shall have been duly elected or appointed, and qualified, the coroner or coroners of the county in which such vacancies shall exist, shall execute the office of sheriff of the same county.2 $181. [Sec. 86.] Whenever any under sheriff, coroner, coroners General or other person, shall execute the office of sheriff, pursuant to 1 "First judge" in the original. 1 R. L., 420, § 5; Laws of 1827, p. 218, § 4. provision. TITLE 2 either of the eight last sections, the person so executing such office shall be subject to all the duties, liabilities and penalties imposed by law upon a sheriff duly elected and qualified." Bond. Penalty. Sufficiency of sureties. Clerks may ARTICLE SIXTH. Of Surrogates. SEC. 182 Surrogates to give bond: penalty thereof. 183. Clerk of county to judge of sufficiency of sureties. 184. Surrogate of Kings to appoint clerks: evidence of appointment. 185. Powers and duties of such clerks: their compensation. 186. How surrogates and county judges are to be designated in certain instances. 187. Compensation to be allowed to surrogate of Chautauque county. 188. Books, &c., pertaining to surrogate's office in Otsego county, where to be kept. 189. Surrogate's office, where to be held. 190. Board of supervisors to allow clerk hire to surrogate. 191. Surrogate of Erie county to give bond; penalty thereof. 192, 193 & 194. Clerk of surrogate of Erie county, fees and salary. 195. Liability of surrogate for acts of clerk. 196 & 197. Officers acting as surrogates to give bond. 198. Officers to be elected in Cattaraugus county to perform duties of surrogate. 199. Governor to appoint surrogate to hold office until January, 1858. 200. Officers to be elected at next general election, same as county officers. $182. [Sec. 87.] Every person hereafter appointed [elected] to the office of surrogate of any county, shall, within twenty days after receiving notice of such appointment [election] execute to the people of this state, with two or more sureties, being freeholders, a joint and several bond, conditioned for the faithful performance of his duty, and for the application and payment of all moneys and effects that may come into the hands of such surrogate in the execution of his office. The bond of the surrogate of the city and county of New York, shall be in the penal sum of ten thousand dollars; of every other surrogate, in the sum of five thousand dollars.1 2 $183. [Sec. 88.] The clerk of the county for which such surrogate shall have been appointed, shall be the judge of the sufficiency of the sureties; and in case he shall be satisfied by the oath of the sureties, or otherwise, that they are good and sufficient, he shall indorse on the bond a certificate of his approval, and file such bond in his office, there to remain a matter of record.1 $ 184. The surrogate of the county of Kings is hereby authored appoint ized and required to appoint one or more clerks to assist him in his said office; his certificate in writing of every such appointment shall be filed by the surrogate in the office of the clerk of said county, and shall be deemed and taken as evidence of such appointment. [1849, ch. 173, § 1.] Their duties. S185. The clerk or clerks appointed in pursuance and by authority of this act, shall have power to administer oaths, and perform such other duties as are properly incident to the business of the office, not inconsistent with the constitution and laws of this state; and the board of supervisors of said county shall audit and allow as compensation to said clerk or clerks for the performance of such duties, a sum not exceeding in amount the balance of the fees and emoluments by law allowed to be received for the benefit of the county, and actually paid into the treasury thereof by the said surrogate, after deducting therefrom the amount fixed 1 Laws of 1820, p. 65, §§ 2 and 5. 2 By chap. 432 of 1847, in relation to the fees and compensation of certain officers in the city and county of New York, the surrogate of the city and county of New York is authorized to appoint so many assistants as he shall deem necessary, subject to the power of the board of supervisors to limit the number. See, post, this title. by the board of supervisors to be paid to said surrogate for his _ART. 6. salary. [1849, ch. 173, § 2.] gate and judge to be * 186. In those counties in which the county judge is also How surrosurrogate, he may be named and designated simply as surrogate, county without any addition referring to his office as county judge; and designated in those counties where the surrogate is a distinct officer, the certain county judge or other officer, when acting as surrogate, shall be designated by his official title, with the addition of the words, "and acting surrogate." [1853, ch. 648.] # cases. Compensa surrogate of $187. The board of supervisors of the county of Chautauque, comb at their annual meeting in each year, are hereby authorized to allowed to make such allowance to the surrogate of said county, in addition Chautau to his salary, as in their judgment shall be adequate to meet the que county. expenses of his office during the year, out of the surplus earnings of the office, after paying the salary of the surrogate. Such allowance in no case to exceed the amount of such surplus earnings in each year; but such allowance shall be made for no year prior to eighteen hundred and fifty-five. [1855, ch. 561.] pertaining *S 188. All the records, books, papers and documents of what- Books, &c., ever character, belonging or pertaining to the surrogate's office of to surrothe county of Otsego, shall be kept in the building erected by the where to be supervisors of the said county for that purpose and for the accom- kept. modation of the surrogate and county clerk. [1856, ch. 45, § 1.] office. $ 189. The surrogate is also required to hold his office in said Surrogate's building, so provided by the county, and he shall have no authority to hold his office at any other place, so long as said building is reserved by the county for his accommodation. [Same ch., § 2.] *S 190. It shall be lawful for the board of supervisors, at their Clerk hire. next meeting, to allow clerk hire to the surrogate, if a majority of the whole number of said board so elect, and if a clerk be actually employed by the surrogate, to an amount not to exceed three hundred dollars. [Same ch., § 3.] surrogate of ty. $191. The surrogate of the county of Erie, shall execute to Bond of the people of this state, with two or more sureties, being free- Erie counholders, a joint and several bond, conditioned for the faithful performance of his duties, and for the application of all moneys and effects that may come into his hands as such surrogate, in the execution of his office, in the penal sum of five thousand dollars, which shall be in addition to the bond already executed by said surrogate, and shall be approved by the clerk of said county, as surrogates' bonds are now required by law to be approved; and every person hereafter elected or appointed to the office of surrogate of said county shall, before he enters upon the duties of his office, execute to the people of this state a bond, in the penal sum of ten thousand dollars, conditioned and to be approved as surrogates' bonds are now required by law to be conditioned and approved. [1857, ch. 789, § 1.] $192. The surrogate of said county of Erie may employ a Surrogate's clerk of said surrogate's court, whose duty it shall be to keep the clerk. records of said surrogate's court, and to record all orders, decrees, wills, proofs, letters testamentary, letters of guardianship, and letters of administration, and perform such other duties, as clerk of VOL. I. 56 TITLE 2 said court, as the surrogate shall direct. But no appointment shall be made under the provisions of this act, until the board of supervisors of said county shall by resolution recommend the same, and said board are hereby authorized to act thereon at the first or any subsequent meeting thereof. [1857, ch. 789, § 2.] Fees for services of clerk. Salary of clerk. Liability of surrogate clerk. *$193. The same fees shall be paid for services rendered by said clerk, as are now allowed by law for like services rendered by surrogates, and the same, when so paid to said clerk, shall be paid over by him to the surrogate of said county, and be applied and disposed of by him as surrogate's fees are now required by law to be applied and disposed of. [Same ch., § 3.] *194. Said clerk shall receive a salary for his services, payable quarterly, on the last days of March, June, September and December, in each and every year; and the board of supervisors of said county shall, at their next special or annual meeting, fix the amount of said salary, and the same, when so fixed, shall not be altered or changed oftener than once in two years, and the said board of supervisors shall at each annual meeting thereof, hereafter held, make provision for the payment of said salary. [Same ch., § 4.]` *$195. The surrogate of said county shall be liable, on his for acts of official bond, for all acts of said clerk, in and about the business of said surrogate's court, in the same manner and to the same extent as if said acts had been done and performed by said surrogate. [Same ch., § 5.] Officers acting as surrogates curity. $196. Every county judge, special county judge, or other officer who is now authorized by any law or proper authority of this state to give se- to act as surrogate, shall execute a bond to the people of this state. on or before the first day of May next, in the same manner and with the same conditions as are required of surrogates by part one, title two, chapter twelve, article six, section one hundred and nineteen of the third edition of the Revised Statutes. [1858, ch. 213, § 1.] Ib. Officer to be elected * $197. Every county judge, special county judge, or other officer hereafter elected or appointed under any law, or by any proper authority in this state, who shall be authorized to act as surrogate, shall, before entering upon or discharging any of the duties of surrogate, execute a bond in the same manner as is required in section first of this act. [Same ch., § 2.] * 198. From and after the first day of May, in the year one to perform thousand eight hundred and fifty-seven, there shall be an officer duties of to perform the duties of surrogate of the county of Cattaraugus, separate from the county judge, who shall be denominated the surrogate of said county. [1857, ch. 236,§ 1.] surrogate. How appointed. Election. $199. The governor shall appoint a person to perform the duties of surrogate of said county, who shall hold his office and perform the duties thereof from the time of such appointment until the first day of January, in the year one thousand eight hundred and fifty-eight. [Same ch., § 2.] $200. At the next general election to be held in said county such officer shall be elected in like manner as other county officers are elected, and shall hold his office four years, and once in four years thereafter such officer shall be from time to time elected, and his term of office shall commence on the first day of January next, after such election. [1857, ch. 236, § 3.] ART. 7. S201. Such officer shall receive an annual salary, to be fixed Salary. by the board of supervisors of said county, and paid quarterly at the end of each quarter of the year, and after being so fixed such salary shall not be increased or diminished during the term of office of the incumbent. [Same ch., § 4.] ARTICLE SEVENTH. Of District Attorneys. SEC. 202. To conduct prosecutions at oyer and terminer and sessions. 203. When he fails to attend, court to appoint some persor to act for him; pay of such person. 204. To prosecute for penalties and forfeitures exceeding fifty dollars. 205. To give receipts for moneys received for fines, &c. 206. Annually to file an account of, and pay over moneys received by him. 207. When not so accounted for and paid, suit to be instituted. 208. District attorney of Albany may appoint an assistant; his compensation. 209. No partner of district attorney may act for defendant in any proceeding prosecuted by him. 210. Persons having acted as public prosecutor may not defend any proceeding in which he shall have acted for the people. 211. Penalty for violation of last two sections. 212. Proviso as to attorneys, &c., defending themselves. 213. Compensation of district attorney in New York; in other counties their bills to be taxed. 214. Compensation of district attorney of Erie county. 215, 216 & 217. Official bond of district attorney of Erie county. 218. Assistant district attorney to be appointed. 219. Assistant to perform duties appertaining to office of district attorney in certain cases. 220. Dstrict attorney to receive certain costs. 221. Salary of assistant. 222. Compensation of district attorney of Genesee. 227, 228, 229 & 230. Special duties of district attorney of Albany county. 232. Compensation of district attorney of Monroe. 233. Compensation of district attorney of Oswego. 234. Compensation of district attorney of Dutchess. 235. Compensation of district attorney of Wyoming. 236. Compensation of district attorney of Cayuga. 237 & 238. Compensation of district aftorney of Delaware. 239, 240 & 241. Compensation of district attorney of Chenango. 242. Compensation of district attorney of Yates. 243. Compensation of district attorney of Greene. 244. Compensation of district attorney of Oneida. 245. Compensation of district attorney of Niagara. 246. Compensation of district attorney of Ulster. 247, 248, 249 & 250. Compensation of district attorney of Kings, and of his clerk. 251. Compensation of district attorney of Schoharie. 252. Compensation of district attorney of Orange. 253. Compensation of district attorney of Westchester. 254. Compensation of district attorney of Broome. 255. Compensation of district attorney of Sullivan. 256 & 257 Compensation of district attorney of Columbia. 258 & 259. Compensation of district attorney of Saratoga. 260 & 261. Compensation of district attorney of Rockland. 262. Compensation of district attorney of Allegany. 263. Compensation of district attorney of Ontario. 264. District attorney of Chautauque county authorized to appoint an assistant. 265. His oath of office. 266. Office of district attorney to be a salaried office; to be determined by the several boards of supervisors. 267. Compensation fixed, to be a county charge. 268. Duty of clerk of board of supervisors. 269. In counties where it is a salaried office to remain so until changed by supervisors. 270. District attorney not to act as justice of the peace. 271. All fees, costs, &c., to be paid by district attorney to county treasurer. 272. Inconsistent laws repealed. [383] $202. [Sec. 89.] It shall be the duty of every district attorney General to attend the courts of oyer and terminer and jail delivery, and duties. sessions, to be held from time to time, in the county for which he shall have been appointed; and to conduct all prosecutions for crimes and offienses cognizable in such courts.1 $203. [Sec. 90.] When any district attorney shall fail to attend Substitute, any of the courts above specified, it shall be the duty of such when to be appointed. 11 R. L., 414, §1. |