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for advertising.

§ 155. The proprietors may charge for publication of such notices, for advertising, for the first insertion, not exceeding thirty cents for every folio of one hundred words, and for each subsequent insertion, not exceeding twenty cents for every folio; but no charge shall be made for any notices required in proceedings before surrogates, where the surrogate certifies that the property of the deceased is less than five thousand dollars in value. Laws of 1854, ch. 197, § 3.

But the act in relation to the publication of legal notices (Laws of 1859, ch. 252) authorizes the proprietor of any newspaper to charge "for publishing any notice, order, citation, summnns, or other proceeding or advertisement required by law to be published," not more than seventy-five cents per folio for the first insertion, and not more than thirty cents for each subsequent insertion.



ARTICLE I. Number and designation.

II. Mode of election.



§ 156. The number and designation of judicial officers are as follows:

Eight judges of the court of appeals ;'

Five justices of the supreme court in the first judicial district;2

And four in each of the remaining seven judicial districts;

A county judge in each county, except that of New York ;*

A local officer, designated as special county judge, in each of the counties of Jefferson, Oneida, St. Lawrence, Oswego, Orange, Chautauque, Cayuga, Tioga, Chenango, Sullivan,' Washington, Essex' and Tompkins;

A surrogate in the county of New York," St. Lawrence," and in each other county that may, in

pursuance of section 164, choose one;"

A local officer, designated as special surrogate, in each of the following counties: Jefferson, Oneida, St. Lawrence, Oswego, Orange, Chautauque, Cayuga, Tioga and Washington."


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Laws of 1852, ch. 374.

'Const., art. VI, § 4.

* Ib., § 14.

1 R. S., 305 and 314, §§ 18, 19; 314, § 21 ; repealed, Laws 1858, 286.

1 R. S., 315, § 26.


Laws of 1854, ch. 88.

*Laws of 1855, ch. 148.

'Laws of 1857, vol. 2, ch. 463. The statute relating to this officer, in Essex county, designated him as "special county judge and surrogate." There is no reason for retaining this anomaly.

10 Laws of 1858, ch. 279, 438.


Const., art. XIV, § 12; 1 R. S.,

316, §33.

22 1 R. S., 313, § 17.

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Where the county judge is also surrogate, he may be designated simply as surrogate when acting as such. Where the surrogate is a distinct officer, the 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;"

Four justices of the peace in each town, except where a different number is provided for by special statute;"

So many justices of the peace in cities and in villages, and so many police justices in cities and villages, as are prescribed by their charters, or by special statutes;'


Six justices of the superior court of the city of New York;"

Three judges of the court of common pleas for that city.20

16 Laws of 1853, ch. 648, § 1.

17 1 R. S., 321, § 68. There are now eight in Brookhaven, Suffolk county (Laws of 1854, ch. 94); five in each of the following towns: Hector, Tompkins county. (Laws of 1851, ch. 40.) Hanover, Chautauque county. (Laws of 1852, ch. 7.) Pomfret, Chautauque co. (Ib., ch. 16.) Harmony, Chautauque county. (Laws of 1855, ch. 12.) Beekmantown, Clinton county. (Laws of 1852, ch. 157.) Canton, St. Lawrence county. (Ib., ch. 79.) Potsdam, St. Lawrence county. (Laws of 1853, ch. 3.) Ellisburgh, Jefferson county. (Laws of 1854, ch. 26.) Lenox, Madison county. (Ib., ch. 31.) Champlain, Clinton county. (Ib., ch. 25.) Schodack, Rensselaer county. (Laws of 1857, ch. 59.) Niagara, Niagara county. (Ib., ch. 130.) Fort Ann, Washington county. (Ib., ch. 665.) One, and not more than four, in the town of Shelter Island. (Laws of 1852, ch. 53, § 1.) 18 1 R. S., 305.

10 Code of Procedure, § 40.

20 1 R. S., 316, § 36; 317, § 41.

Three justices of the superior court of the city of Buffalo;"

A recorder in each of the cities of New York, Albany, Hudson, Troy, Schenectady, Utica, Oswego, Poughkeepsie ;"

A city judge in the city and county of New York;"

A city judge of the city court of Brooklyn;"

Three justices of the marine court of the city of New York;"

Three justices of the peace of the justices' court, and two police justices, in the city of Albany;

Three justices of the justices' court in the cities of Hudson and Troy respectively;

A justice and a police justice in each of the first seven judicial districts of the city of New York, and a police justice in the eighth."

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Elected judges in

the court of appeals.

Judges of

the court of appeals



SECTION 157. Elected judges in the court of appeals.

158. Judges of the court of appeals taken from the supreme


159. Justices of the supreme court, how elected.

160. Vacancies.

161. County judges.

162. Surrogate of New York.

163. Surrogates in other counties.

164. When office of surrogate may be created.

165. Special county judges and special surrogates.

166. Special county judge in Essex.

167. Justices of the peace.

168. Election of New York superior court and common pleas


169. Justices of the superior court of Buffalo.

170. Recorders in cities.

171. City judges of New York and Brooklyn, and the police justice and justices of the peace of Brooklyn.

172. Justices of the marine court of New York city.

173. Removal of justices of marine court.

174. Justices of district courts and police justices in New

York city.

175. Justices of justices' courts, justices of the peace and police justices in cities.

§ 157. Four of the judges of the court of appeals

are elected by the electors of the state, and hold

their offices for eight years. One of the four is to be elected at the general election in the

and every alternate year thereafter.

Const., art. VI, §§ 2, 12; 1 R. S., 311, § 3.

year 1861,

§ 158. The remaining four judges of the court

taken from of appeals are taken in each

the su

preme court.

year, from

among the

justices of the supreme court, in the following


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