Which powers shall be exercised in the cases, and in the manner, TITLE 1. prescribed by the statutes of this state, and in no other; and no surrogate shall, under pretext of incidental power or constructive authority, exercise any jurisdiction whatever, not expressly given by some statute of this state. to be open. § 2. The surrogates' courts shall be at all times open, for the hear- Courts, when ing of any matters within the jurisdiction thereof; and particularly on Monday of each week, it shall be the duty of every surrogate to attend at his office, to execute the powers and duties conferred on him. 53. The seals of the several surrogates of the respective counties Seals of of this state, of which a description in writing has heretofore been deposited and recorded in the office of the secretary of this state, shall continue to be the seals of the surrogates' courts of such counties respectively.1 courts. counties, &c. $4. Whenever a surrogate shall be appointed for any county here- Seals for new after organized, or for any county for which no surrogate's seal shall have been provided, he shall, at his own expense, cause a seal to be made for his office, with such device as he shall think proper, upon which shall be inscribed the name of the county for which such surrogate was appointed, and the words "Surrogate Seal." He shall deliver a description of such seal to the secretary of state, to be by him deposited and recorded in his office as part of the public records of this state; and the same shall thereupon be the seal of the surrogate's court of such county.1 seals lost, &c. $5. Whenever the seal of the surrogate's court of any county shall To replace! be so injured that it can not be conveniently used, the surrogate shall destroy the same; and whenever the surrogate's seal shall be lost or destroyed, he shall, at his own expense, provide a new seal, similar in all respects to such former seal, and shall give notice thereof in writing to the secretary of state, who shall file such notice; and thereupon such new seal shall become the seal of the surrogate's court of such county. $6. Every surrogate shall have power, ers of surro 1. To issue subpoenas under his seal of office, to compel the attend- Special pow ance of any witness, or the production of any paper, material to any gates. inquiry pending in his court, the form of which shall be similar to that used by courts of record in the like cases: To issue subpœnas. ments against 2. To punish disobedience to any such subpoena, and to punish wit- Ib. attachnesses for refusing to testify after appearing, in the same manner and witnesses. to the same extent, as courts of record in similar cases, and by process similar in form to that used by such courts: (1) 1 R. L. p. 445, § 4. TITLE 1. 3. To issue citations to parties in all matters cognizable in his court, and in the cases, prescribed by law, to compel the appearance of such parties: Ib. citations. Ib. attachments against parties. To exemplify records, &c. To punish contempts. Books to be provided. attached. 4. To enforce all lawful orders, process and decrees of his court, by attachment against the persons of those who shall neglect or refuse to comply with such orders and decrees, or to execute such process; which attachments shall be in form similar to that used by the court of chancery in analogous cases: 5. To exemplify under his seal of office, all transcripts of records, papers or proceedings, therein; which shall be received in evidence in all courts, with the like effect as the exemplifications of the records, papers and proceedings of courts of record: 6. To preserve order in his court during any judicial proceeding, by punishing contempts which amount to an actual interruption of business, or to an open and direct contempt of his authority or person, in the same manner and to the same extent, as courts of record. $7. The surrogate of each county shall provide and keep the following books: 1. A book in which shall be fully and distinctly recorded all wills, testaments and codicils proved before him, and the proof thereof; and in which he may also record any will relating to real estate situated within his county, which shall have been duly proved before, and recorded by, any other surrogate; upon the production of an exemplified copy of such record: 2. A book in which shall be recorded in like manner, all letters testamentary, and of general and special administration : 3. A book in which shall be entered all accounts of executors and administrators, settled before him: 4. A book in which shall be entered all minutes of other proceedings, by or before him, in relation to the estates of deceased persons, with all orders and decrees made by him, and minutes of all citations, subpoenas, attachments and other process issued by him, in relation to such estates; and the testimony taken by him in relation to the granting or revocation of letters testamentary, or of administration: 5. A book in which shall be recorded the appointment of guardians for infants, the revocation of any such appointment, and the accounts rendered by such guardians, at full length: 6. A book in which shall be entered all proceedings in relation to the admeasurement of dower, and all orders, reports and decrees thereupon: Indexes to be To each of the said books there shall be attached an index of the subjects therein, with a reference to the pages where such subjects may be found; which, together with such books, shall at all proper times be open to the inspection of any person paying the fees allowed by law for such examination. 38. Every surrogate shall carefully file and preserve all affidavits, TITLE 2. petitions, reports, accounts, and all other papers belonging to his court; and all such papers, and the books kept by him, shall belong and ap- be preserved. pertain to his office, and be delivered to his successor. to obey pro cess. $9. Every sheriff, jailer, coroner, or other executive officer, to sheriffs, &c. whom any citation, subpoena, attachment, or other process, issued by a surrogate's court, may be directed or delivered for the purpose of being executed, shall execute the same, in the same manner as if issued by a court of record, and for any neglect or misfeasance therein, shall be subject to the same penalties, actions and proceedings, as if the same had occurred in relation to any process issued by courts of record. tested cases. $10. In all cases of contest before a surrogate's court, such court Costs in conmay award costs to the party in the judgment of the court entitled thereto, to be paid either by the other party personally, or out of the estate, which shall be the subject of such controversy. successor. risdiction in $11. Upon the office of any surrogate becoming vacant, his suc- Powers of cessor shall have power and authority to complete any business that may have been begun, or that was pending before such surrogate.2 $12. When jurisdiction shall have been acquired by any surro- Exclusive jugate's court, in relation to any matter or proceeding, such jurisdiction, certain cases. over the same matter and all its incidents, shall be exclusive of all other surrogates, except when otherwise provided by law. And whenever any guardian shall have been appointed, or any other proceeding shall have been commenced, in relation to any other matter, in any surrogate's court, all other proceedings in relation to such guardian or other matter, shall be had and continued in the surrogate's court of the same county. counsel, &c. $13. No surrogate shall be counsel, solicitor or attorney, for or Not to be against any executor, administrator, guardian or minor, in any civil in certain caaction, over whom or whose accounts he could have any jurisdiction by law. ses. TITLE II. OF THE COURTS OF SPECIAL SESSIONS OF THE PEACE. SEC. 1. By whom such courts may be held in New-York. 2. Sheriffs to execute judgments, &c.; how authenticated. 3. By whom such courts may be held in other counties. be held in 1. Courts of special sessions of the peace may be held in and for By whom to the city and county of New-York, by any three judges of the court of New-York. common pleas of the said city and county, of whom the first judge of said court, the mayor or recorder of said city, shall always be one, in the cases and for the purposes provided by law.3 (2) 1 R. L. p, 455. (3) 2 R. L. p. 504, § 13; 354, § 41; 508, § 8. TITLE 3. $ 2. The judgments and orders of the said court, shall be executed by the sheriff of the said city and county, by virtue of a warrant under &c. how exe- the hand and seal of the first judge, mayor or recorder, who presided; or of the persons who formed such court.1 Judgments, cuted. By whom held in other counties. $ 3. Courts of special sessions of the peace for the several counties of this state, other than the city and county of New-York, may be held in and for any county, by three justices of the peace of the same county, or by two such justices and one judge of the county courts of such county, in the cases, and for the purposes, provided by law." Marine court in New-York TITLE III. OF SPECIAL JUSTICES' COURTS IN THE SEVERAL CITIES OF THIS SEC. 1. Marine court in New-York. 2. Assistant justices' courts in New-York. 3. Justices' court in Albany. 4. Justices' court in Hudson. 5. Powers, jurisdiction and mode of proceeding of such courts. 916 $1. The justices of the marine court of the city of New-York, are authorised and required to hold a court in the said city, to be known by the name of "The Marine Court of the city of New-York." Assistant jus- $2. Each of the assistant justices of the city of New-York is auin New-York thorised and required to hold a court within the ward or wards for which he may be appointed." tices' courts . Justices' court in Albany. Justices' $3. The justices of the justices' court of the city of Albany, are authorised and required to hold a court in the said city, to be known by the name of "The Justices' Court of the city of Albany.' S4. The justices of the justices' court of the city of Hudson, are court in Hud- authorised and required to hold a court in the said city, to be known by the name of "The Justices' Court of the city of Hudson." son. Their jurisdiction. $5. The several courts enumerated in this Title, shall respective ly possess the jurisdiction and powers, be held at the times and places, and proceed in the manner, specially provided by law. TITLE IV. OF COURTS HELD BY JUSTICES OF THE PEACE. ART. 1.-Of the jurisdiction of justices' courts. ART. 2. Of the commencement of suits, and the service and return of ART. 3. ART. 4. Of pleadings and of set-offs. (4) 2 R. L. p. 504, § 14. (5) Ib. p. 507, § 4. process. 74. (6) Ib. p. 381, § 106; Laws of 1819, p. ART. 6. Of compelling the attendance of witnesses. ART. 7.-Of the trial of issues of fact, and the incidents thereto. ART. 8. Of judgments, and filing transcripts thereof. ART. 9. Of executions; of sales thereon, and of imprisonment. ART. 10.-Of the removal of causes to the court of common pleas, by certiorari. ART. 11. Of appeals to the courts of common pleas. ART. 12. Of the fees of officers, and of witnesses and jurors, for services under this Title. ART. 1. ARTICLE FIRST. Of the Jurisdiction of Justices' Courts. SEC. 1. Justices authorised to hold courts; their general powers. 4. Cases in which they are excluded from jurisdiction. 5. Actions by and against certain officers, and by executors and corporations. 6. Justices becoming inn-holders, not to have jurisdiction, &c. 7. Justices being members of legislature or county judges, not obliged to act. 8 & 9. Within what towns actions to be brought. 10. Aldermen of Albany may try certain actions. } hold courts $1. Every justice of the peace elected in any town of this state, Justices to or appointed for any city in which special courts are not established by law, is hereby authorised to hold a court for the trial of all actions in the next section enumerated, and to hear, try and determine the same, according to law and equity; and for that purpose, where no special General provision is otherwise made by law, such court shall be vested with all the necessary powers which are possessed by courts of record in this state. 10 powers. $ 2. Every such justice shall have jurisdiction over, and cogni- Cases, &c. zance of, the following actions and proceedings: 1. Actions of debt, covenant and assumpsit, wherein the debt or balance due, or the damages claimed, shall not exceed fifty dollars: 2. Actions of trespass and trespass on the case, for injuries to persons, or to real or personal property, wherein the damages claimed shall not exceed fifty dollars: 3. All actions for any penalty not exceeding fifty dollars, given by any statute of this state : 4. All actions commenced by attachment of property, as herein after provided, wherein the debt or damages claimed, shall not exceed one hundred dollars: and, 5. To take and enter judgment on the confession of a defendant, where the amount confessed shall not exceed two hundred and fifty dollars.11 within their jurisdiction certain cases $3. When there shall be a bond with a penalty exceeding fifty Covenant, i. dollars, with condition for the payment of a sum of money not exceeding fifty dollars, or for the payment of several sums of money, by |