ceding 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.

§ 3. In all cases where any county in this State Surrogates (except the counties of New York and Kings), shall having

a

in countict forty thon

have
Board of Supervisors therein, at any meeting of such
board, special 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.

population exceeding forty thousand, the ad popu

§ 4. Such resolution shall be immediately delivered by the clerk of the Board of Supervisors to the County Clerk, whose duty it shall be to file the same in the office of 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, Salary which salaries shall not be less than the salaries now paid such officers, respectively.

§ 5. The separate officer elected and performing Term of the duties of the office of Surrogate, and the legal officer discharging 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 day of January next after such election, and shall

1

When office of County Judge is vacant.

When Surrogate is

hold their office for the term of six years from said first day of January, but where such officers shall be elected to fill a vacancy, then they shall enter upon - the discharge of the duties of the office to which they have been elected immediately upon the receipt of the certificate of such election.

§6. Whenever the office of County Judge shall be vacant in a county having a population exceeding forty thousand, 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 officer in said county, and thereupon the office of such officer shall be deemed vacant and abolished from the time the office of County Judge shall be filled; and if there be no such officer, such board may resolve that there shall be such officer in such county, in which case such officers shall be elected at the time and in the manner in all respects that the County Judge in said county shall be elected.

§ 7. The separate officers elected to perform the duties of the office of Surrogate, under the fifteenth and sixteenth sections, article six of the Constitution of this State, shall be denominated Surrogates of the respective counties.

§ 8. Whenever any Surrogate in a county shall be precluding, precluded from acting as such in any case, by reason

of interest, relationship, by consanguinity or affinity to any party interested therein, so that he would be excluded from being a juror, or by reason of being a witness of any will or having acted as counsel in such case, and there are no legal officers in such county to discharge the duties of such Surrogate, or where such officer shall also be incapacitated from acting as such Surrogate by reason of the foregoing disabilities in the case of the Surrogate, the County Judge of such county, or, in case of his disability for like causes, then the district attorney, shall possess the power and exercise jurisdiction in all respects in such case as the Surrogate of such county would be authorized to possess and exercise were it not for such disability. The District Attorney of such county, while District acting as Surrogate in such case, shall be entitled to act. receive the same compensation, pro rata, as the officer acting as County Judge and Surrogate of such county, is entitled to receive, to be audited by the

Attorney tc

Board of Supervisors, and to be paid by the County Treasurer, in the same manner as the salary of the County Judge and Surrogate shall be paid; and in counties where there is a separate officer to perform the duty of the office of Surrogate, then the District Attorney of such county shall receive the same compensation, pro rata, as such Surrogate shall be entitled to receive in such county for the time said District Attorney shall be acting as Surrogate in such cases of disability, which shall be authorized by the Board of Supervisors, and paid as the salary of such separate officer elected to perform the duties of the office of Surrogate is paid.

§ 9. This act shall take effect immediately.

Chap. 276.

AN ACT to provide for the election of certain judicial and other officers, and to fix their term of office.

PASSED May 12, 1847.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

provided ballots for

§ 4. It shall be the duty of the Inspectors of Elec- Box to be tion, in such cities as shall elect a Recorder, to pro-to receive vide a separate box; and the name of the person Recorder. voted for, for the office of Recorder, shall be on one

ballot, which shall be indorsed "City," and shall be deposited in the said box.

State divided.

First district.

Second district.

Third district.

Fourth district.

Fifth district.

Sixth district.

Seventh district.

Chap. 241.

AN ACT to divide the State into Judicial Dis

tricts.

PASSED May 8, 1847.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The State is hereby divided into eight judicial districts, pursuant to the provisions of the fourth section of the sixth article of the Constitution, which districts shall be arranged as follows:

The First judicial district shall consist of the city and county of New York.

The Second judicial district shall consist of the counties of Richmond, Suffolk, Queens, Kings, Westchester, Orange, Rockland, Putnam and Dutchess.

The Third judicial district shall consist of the coun ties of Columbia, Sullivan, Ulster, Greene, Albany, Schoharie and Rensselaer.

The Fourth judicial district shall consist of the counties of Warren, Saratoga, Washington, Essex, Franklin, St. Lawrence, Clinton, Montgomery, Hamilton, Fulton and Schenectady.

The Fifth judicial district shall consist of the counties of Onondaga, Oneida, Oswego, Herkimer, Jefferson and Lewis.

The Sixth judicial district shall consist of the counties of Otsego, Delaware, Madison, Chenango, Broome, Tioga, Chemung, Tompkins, Cortland and Schuyler.*

The Seventh judicial district shall consist of the counties of Livingston, Wayne, Seneca, Yates, Ontario, Steuben, Monroe and Cayuga.

The Eighth judicial district shall consist of the counties of Erie, Chautauqua, Cattaraugus, Orleans, Niagara, Genesee, Allegany and Wyoming.

§ 2. This act shall take effect immediately.

Chap. 485.

AN Act to annex the county of Schuyler to the Sixth Judicial District, and to provide for courts therein.

PASSED April 15, 1857.

The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. The county of Schuyler is hereby annexed to, and shall form a part of, the Sixth judicial district of this State, and the Judges of said Sixth judicial district shall, at the first General Term held therein succeeding the passage of this act, appoint at least one Circuit Court and Court of Oyer and Terminer, to be held in and for said county of Schuyler, in the year eighteen hundred and fiftyseven, and from thence the appointments of courts for said county to be made as in other counties in said district, and at the time and in the manner provided by the Code of Procedure.

§2. This act shall take effect immediately.