L. 1884, Chap. 530 – An act in relation to the office of surrogate of the county of New York. Board of aldermen not to have power to appoint surrogate, etc. SECTION 1. On and after the passage of this act, the board of aldermen of the city of New York shall cease to have or exercise any powers in regard to the appointment of a surrogate of the county of New York, or in regard to the appointment, number and salaries of assistants to such surrogate, or of other clerks, employees or subordinates in or attached to the office of said surrogate, or in regard to the receipt or payment of fees in said office. Vacancies, how to be filled. § 2. When a vacancy shall occur otherwise than by the expiration of a term, in the office of surrogate of the county of New York, the same shall be filled for a full term at the next general election happening not less than three months after such vacancy occurs; and until any such vacancy shall be so filled, the governor may appoint to fill such vacancy. Any such appointment shall continue until and including the last day of December next after the election at which the vacancy shall be filled. Appointment and removal of clerks, etc. § 3. The surrogate may appoint, and at pleasure remove, all clerks, officers, attendants and employees in his office, or connected with his court. Subject to the revision of the board of estimate and aportionment, the number and duties of all such clerks, officers, attendants and employees, with their respective salaries, to be paid by the county, shall be such as the surrogate shall designate and approve; provided, however, that the aggregate expense thereof shall not exceed the total amount duly appropriated to the said surrogate's court and office for such purposes. Estimate by surrogate to board of apportionment, etc. § 4. The surrogate shall, not less than thirty days prior to the first of November, eighteen hundred and eightyfour, and in each year thereafter within the same period, send to the board of estimate and apportionment an estimate in writing of the amount of expenditure, specifying in detail the objects thereof required in his office and court for the ensuing year. The said estimate must contain a statement of each of the salaries of the officers, clerks, attendants, employees and subordinates in said office and court. A duplicate of the estimate and statement shall be made at the same time to the board of aldermen. The said board of estimate and apportionment shall, in making its provisional and final estimates and in approving the salaries of such officers, clerks, attendants and employees, consider the said estimate and statement and make such provision for the objects of expenditure therein specified as to such board may seem necessary and sufficient. Security from assistants. § 5. The surrogate is hereby authorized and empowered to require from his assistants such security for the faithful performance of their duty as he may deem necessary and proper. Surrogate, etc., not to receive fees. § 6. From and after the passage of this act the surrogate of the county of New York, the assistants to said surrogate or other clerks, employees or subordinates in or attached to the office or court of said surrogate, shall not charge or receive to his or their own use and benefit, or otherwise than for the benefit of said county, any fees, perquisites or emoluments for any services rendered by him or them by virtue of his or their official positions except as provided in subdivision one of section seven of this act. Excepted cases, when fees allowed. § 7. On and after the passage of this act no fees, perquisites or emoluments shall be charged or received by the surrogate of the county of New York, his assistants, clerks, employees or subordinates, for any services rendered by him or them by virtue of his or their official positions, except as hereinafter specified. 1. Where in a case prescribed by law or in any other case, upon the application of a party, the surrogate goes to a place other than his office or the courtroom where he is required to hold court, in order to take testimony, he may charge and receive to his own use, ten cents for each mile for going and the same sum for returning. 2. He must charge and receive to the use of the county for a copy of a paper, ten cents for each folio. Notice to be posted in office. § 8. Within ten days after the passage of this act a surrogate of the county of New York shall cause to be posted in conspicuous positions in the office or offices of the various clerks attached to the said office or court of the said surrogate notices printed in type not smaller than double great primer as follows: "No clerk or assistant in this office is authorized to charge any fee or receive any gratuity for any official services rendered by him, except ten cents a folio for making copies of papers filed or recorded in this office. Any clerk or assistant who does charge a fee or receive a gratuity except as above provided, is guilty of a misdemeanor." Fee book to be kept, entries to be made therein. § 9. The said surrogate shall keep a book showing in detail the fees received under subdivision two of the last preceding section, the nature of the paper copied and the person by whom such fees are paid, and shall pay the fees as received monthly into the treasury of the city of New York, furnishing at the same time to the comptroller of said city an exact account of the fees so received in such form as said comptroller may prescribe. Persons not connected with office not to have desks, etc. § 10. No person unless officially connected with the surrogate's office or court shall after the passage of this act be allowed permanently to have or occupy any desk or position in said office or court as his place of transacting business. The surrogate is expressly prohibited from allowing any person who is not a duly appointed clerk, officer or employee of his said office or court to have any special privileges in or about said office. Acts repealed. § 11. Sections twenty-five hundred and two of the Code of Civil Procedure, and section twenty-five hundred and eight of said Code, so far as said section relates to the county of New York, and sections eleven hundred and eighty, eleven hundred and eighty-nine, eleven hundred and ninety-one, and twelve hundred and four of chapter four hundred and ten of the laws of eighteen hundred and eight-two, and all acts and parts of acts inconsistent with this act are hereby repealed. L. 1888, Chap. 232 -An act to authorize the surrogate of the county of Albany to appoint a stenographer. Appointment; salary; duties; fees. SECTION 1. The surrogate of the county of Albany is hereby authorized to appoint by a written appointment to be filed with the county treasurer of the county of Albany a court stenographer. Said stenographer shall receive a salary of not to exceed twelve hundred dollars per annum, and shall deliver to the surrogate a full copy of all minutes taken by him; and upon the receipt of his fees, which shall not exceed three cents per folio, a like copy to the party, or each of the parties, to the proceeding in which the minutes were taken. Other clerical duties; removal. § 2. Said stenographer, when not actually engaged in the discharge of his duties as such, shall perform such clerical duties in connection with the surrogate's court as the surrogate may direct and may be removed by said surrogate at pleasure by the filing of a notice to that effect with the county treasurer of Albany county. The provisions of the Code of Civil Procedure applicable to stenographers shall apply to such stenographer except where they conflict with the provisions of this act. TITLE II. Of the Courts of Special Sessions of the Peace. [Repealed by L. 1880, ch. 245.] ART. 2. [223-224] TITLE III. Of Special Justices' Courts in the several Cities of this State. [Repealed by L. 1880, ch. 245.] [224] TITLE IV. Of Courts held by Justices of the Peace. ART. 1.-Of the jurisdiction of justices' courts. [Repealed by L. 1880, ch. 245.] ART. 2.-Of the commencement of suits, and the service and return of ART. 3.-Of the appearance of parties. [Repealed by L. 1880, ch. 245.] ART. 4. Of pleadings and of set-offs. [Repealed by L. 1880, ch. 245.] ART. 5.-Of adjournments. [Repealed by L. 1880, ch. 245.] ART. 6. Of compelling the attendance of witnesses. [Repealed by L. 1880, ch. 245.] ART. 7.-Of the trial of issues of fact, and the incidents thereto. [Repealed by L. 1880, ch 245.] process. ART. 10.-Of the removal of causes to the court of common pleas, by certiorari. [Repealed by L. 1880, ch. 245.] ART. 11.-Of appeals to the courts of common pleas. [Repealed by L. 1880, ch. 245.] ART. 12.-Of the fees of officers, and of witnesses and jurors, for services under this title. [Repealed by L. 1880, ch. 245.] ART. 13.-General provisions concerning justices' courts, and proceedings therein. ARTICLE SECOND. OF THE COMMENCEMENT OF SUITS, AND THE SERVICE AND RETURN OF PROCESS. SEC. 11-22. [Repealed.] 23. Bond to be given before warrant to issue to detain a canal boat. 24. Penalty and condition of bond. 25-38. [Repealed.] [Sections 11-22 were repealed by L. 1880, ch. 245.] [224-266] tention of boats. § 23. Whenever an action shall be brought to recover any penalty Bond to au imposed by law for taking any rails, boards, planks or staves, from thorize de the banks or vicinity of a canal, in which a justice is authorised to canal direct the detention of any canal boat, he shall not endorse such direction on any warrant, unless a bond, as prescribed in the next section, shall be executed and delivered to such justice. [L. 1824, 280, §§ 3, 4 and 5. L. 1827, 373, § 2.] TITLE 4. and condi tion. § 24. Such bond shall be in the penalty of at least one hundred Its penalty dollars, with one or more sureties, to be approved by such justice, conditioned that such action shall be prosecuted to judgment with all convenient speed, and that if judgment be rendered in favor of the defendant, the obligors will pay the costs and charges which shall be adjudged against the plaintiff, and all damages which may ensue from the detention of such boat and the cargo thereof, and the crew navigating the same. [The same.] [Sections 25-38 were repealed by L. 1880, ch. 245.] L. 1881, Chap. 414 - An act permitting the verification of pleadings in the justice's court. Plaintiff or agent may make complaint in writing in actions to recover money only; to be verified. SECTION 1. In an action brought in any of the justices' courts of this state arising on contract for the recovery of money only, or on an account, the plaintiff or his agent, at or before the time of the issuing of the summons, may make a written complaint stating in a plain, concise manner the facts constituting the cause of action, specifying therein the amount actually due from the defendant to the plaintiff in said action, and praying judgment against the said defendant for the amount so claimed to be due to him, which said complaint shall be subscribed by the plaintiff or his agent, and shall be verified in the manner and as provided by section five hundred and twenty-six of the Code of Civil Procedure. Said summons and complaint shall be attached and shall be served upon the defendant by delivering to and leaving with him, personally, true copies thereof, not less than six nor more than twelve days before the return day thereof, and the official certificate of the constable making such service shall be sufficient evidence thereof. 40 Hun, 246. Answer to be in writing and verified. § 2. In case the defendant appears and answers in such action, his answer shall be in writiug, and shall be verified as above provided for the verification of the complaint, and must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. 2. A statement of any new matter constituting a defence, offset or counterclaim. In case of failure to answer or demur, complaint to be deemed to be true. § 3. In case the defendant fails to answer or demur to said complaint, as hereinbefore provided, at the time of the return of said summons, he shall be deemed to have admitted the allegations of the complaint as true, and the court shall, upon filing the summons and complaint, with due proof of the service thereof, enter judgment for the said plaintiff and against the defendant, for the amount demanded, in such complaint, with costs, without further proof. 35 Hun, 345. [267-272] ARTICLE THIRTEENTH. GENERAL PROVISIONS CONCERNING JUSTICES' COURTS, AND PROCEEDINGS THEREIN. SEC. 231. This title to apply to justices' courts in Albany, Hudson and Troy ; but not in New York. 232-267. [Repealed.] 268 & 269. Proceedings to remove from office constables who have neglected to pay over money collected. 270. Office vacated by service of instrument of removal. 271-286. [Repealed.] TITLE 4. extended § 231. The several provisions of this title, so far as the same may be applicable, shall apply to the justices' courts in the cities of Albany, This title Hudson and Troy, respectively, except in those cases where repug- to certain nant provisions exist in the acts organizing those courts, or relating courts. thereto; but the provisions of this title shall not be considered as applicable to the courts in the city of New York. [Sections 232-244 were repealed by L. 1880, ch. 245.] [Sections 245-248 were repealed by L. 1877, ch. 417.] [Sections 249-267 were repealed by L. 1880, ch. 245.] special § 268. If any constable shall have collected any money on execu- Constables tion, and a recovery therefor shall have been had against his sureties, moned, &c. upon a complaint thereof being made to any three justices of the same town, they shall summon such constable to appear before them, to show cause why he should not be removed from his office. removed. § 269. If such complaint be established to the satisfaction of such when and justices, or any two of them, after a hearing of the parties, or after how to be the refusal or neglect of the constable to appear upon such summons, they shall, by an instrument under their hands, remove such constable from his office, assigning therein the reason of such removal, and shall file the same in the office of the town clerk, who shall forthwith cause a certified copy thereof to be served on such constable. § 270. Upon the service of a copy of such instrument, certified by the town clerk, on the constable named therein, such constable office vashall cease to have any power or authority as such, and his office cated. shall be deemed vacant. [The remainder of the article, (including §§ 282-286 added by L. 1830, ch. 320), was repealed by L. 1880, ch. 245.] [273] When L. 1871, Chap. 610-An act to legalize executions issued by the county clerks of the several counties of this state, upon judgments rendered by justices of the peace and docketed in their respective offices, and the sales of property on such executions. When to issue executions. SECTION 1. Executions issued by the county clerks of the several counties of this state, between the twelfth day of May, in the year one thousand eight hundred and sixty-nine, and the sixth day of May, in the year one thousand eight hundred and seventy, on judgments of justices of the peace, docketed in their respective offices, and the issuing of all such executions, and the sales of property on all such executions, are hereby made and declared legal and valid; but nothing herein contained shall affect any action or proceeding now pending to set aside, or have declared void, any such execution or sale. |