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vacancy in his office, by the surrogate, or in a county where there is a special county judge, by that officer.
$ 113. The terms of this court in each county, shall continue as at present prescribed, until the thirty-first day of December, 1850, inclusive, and no longer.
$ 114. After that time, a term of the county court, for the trial of issues, must be held in each county, on the first Tuesday of January, March, May, July, September and November, in each year, and must be continued as long as the public interests require. The court is always open for the transaction of any other business.
§ 115. The terms of the county court must be held at the court house of the county, or if there be more than one, at either or both, as the supervisors may from time to time appoint. The appointment must be made at least thirty days before the holding of a term in pursuance thereof, and published as the supervisors may direct. It shall continue in force until another appointment be made.
THE SURROGATES' COURTS.
SECTION 116. Surrogate's court in each county.
117–119. Its jurisdiction.
$ 116. There is in each county a surrogate's court, with the jurisdiction conferred by the next three sections, and no other. But nothing contained in this section affects its jurisdiction of proceedings now pending therein; nor does it affect any judgment or order already made, or proceeding already taken.
§ 117. The surrogate's court has exclusive jurisdiction, in the first instance, in the county, to take proof of wills,
1. When the testator, at or immediately before his death, was an inhabitant of the county, in whatever place he may have died :
2. When the testator, not being an inhabitant of this state, shall have died in the county leaving assets therein:
3. When the testator, not being an inhabitant of this state, shall have died out of the state, leaving assets in the county :
4. When the testator, not being an inhabitant of this state, shall have died out of the state, not leaving assets therein, but where assets thereafter come into the county :
5. When real property, devised by the testator, is situated in the county, and no other surrogate's court has gained jurisdiction, under either of the preceding subdivisions of this section.
Taken from 2 R. S., 3d ed., 126, sec 46.
§ 118. The surrogate's court has jurisdiction also,
1. To take proof of a will relating to real property situated in the county, when the testator shall have died out of this state, not being an inhabitant thereof, and not leaving assets therein:
2. To grant and revoke letters testamentary and of administration :
3. To direct and control the conduct, and settle the accounts of executors and administrators:
4. To enforce the payment of debts and legacies, and the distribution of the estates of intestates:
5. To order the sale and disposal of the real property of deceased persons:
6. To appoint and remove guardians, to direct and control their conduct and to settle their accounts:
7. To take the care and custody of the person and estate of a lunatic or habitual drunkard residing in the county, and to appoint and remove committees, to direct and control their conduct, and to settle their ac
8. To direct the admeasurement of dower:
9. To exercise the powers conferred upon it by other provisions of this code.
Taken from 2 R. S., 3d ed., 318, sec. I, except sub-division 7, which is new, but deemed a necessary and proper provison. This jurisdiction now rests with the county courts.
§ 119. The jurisdiction acquired by a surrogate's court over a matter or proceeding, is exclusive of that of another surrogate's court, except when otherwise provided by this code. And when a guardian is appointed or any other proceeding is commenced, in the surrogate's court of a particular county, all further
proeeedings in respect to the same must be continued in that court.
Taken from 2 R. S., 3d ed., 322, sec. 26.
§ 120. The surrogate's court must be held by the surrogate, in each county having a population exceeding forty thousand, in which the legislature have provided or may provide, for the election of a separate officer to perform the duties of the office of surrogate. In every other county, it must be held by the county judge.
Const., art. 6, sec. 14.
§ 121. In case of the inability of the surrogate, or of a vacancy in his office, the court must be held by the county judge, or if he be unable to act, or his office be vacant, by the special county judge, in a county where there is such an officer. If there be no county judge or special county judge, or he be unable to act, it must be held by the district attorney.
§ 122. The officer by whom a surrogate's court is held, as authorised by the last two sections, is in this code denominated the surrogate.
§ 123. The surrogate's court is at all times open for the transaction of business within its jurisdiction; but it is the especial duty of the surrogate, to attend at his office on Monday of each week, and there hold a surrogate's court.
THE COURTS OF SESSIONS.
ARTICLE I. The courts of sessions, in general.
II. The courts of sessions, other than in the city and county of New.York.
This chapter is sufficiently explained in the code of criminal procedure, p. 19-28.
THE COURTS OF SESSIONS, IN GENERAL.
SECTION 124. Court of sessions in each county.
§ 124. There is, in each of the counties of this state, a court, denominated a court of sessions, with the jurisdiction conferred by the next two articles, and no other; but nothing contained in this section affects its jurisdiction in actions or proceedings now pending therein; nor does it affect any judgment or order already made or proceeding already taken.