1. By the ward, after he has attained his majority. 2. By the executor or administrator of a ward, who has died.

3. By the guardian's successor, including a guardian appointed after the reversal of a decree, appointing the person so required to account.

4. By a surety in the official bond of a guardian whose letters have been revoked; or by the legal representative of such surety. Citation under this subdivision must be directed to both the guardian and the ward.

§ 2848. [Am'd 1881.] A petition, for the judicial settlement of the account of a general guardian of an infant's person, may be presented, as prescribed in the last section, or by the general guardian of the infant's property; but upon the presentation thereof, proof must be made, to the surrogate's satisfaction, that the guardian so required to account has received money or property of the ward, for which he has not accounted; or which he has not paid or delivered to the general guardian of the infant's property; and a guardian of the estate only of a minor shall be, for the purposes of this chapter, deemed a general guardian,

$ 2849. [Am'd 1893, amendment to take effect Sept. 1. 1893. A guardian may present to the surrogate's court a written petition, duly verified, praying for a judicial settlement of his account and a discharge from his duties and liabilities, in any case where a petition for a judicial settlement of his account may be presented by any other person as pr scribed in either of the last two sections. The petition must pray that the person who might have so presented a petition, and also the sureties in his official bond of such guardian or the legal representatives of such surety may be cited to attend the settlement.

§ 2850. [Am'd 1882, 1887] Upon the presentation of a petition, as prescribed in either of the last three sections, the surrogate must issue a citation accordingly. Section two thousand seven hundred and twenty-seven, sections two thousand seven hundred and thirty-tree to two thousand seven hundred and thirty-seven, both inclusive, and sections two thousand seven hundred and forty-one and two thousand seven hundred and forty-four of this act, apply to a guardian accounting as prescribed in this article, and regulate the proceedings upon such an accounting. The accounting party must annex to every account produced and filed by him an affidavit, in the form prescribed in this article for the affidavit to be annexed by him to his annual inventory and account. A guardian designated in this title is entitled to the same compensation as an executor or administrator.

ARTICLE THIRD.

GUARDIANS APPOINTED BY WILL OR DEED.

2851. Will or deed containing appointment to be proved, etc., and recorded.

§ 2852. Testamentary guardian: qualification, letters,

etc.

2853. When security required

§ 2851. A person shall not exercise, within the State, any power or authority, as guardian of the person or property of an infant, by virtue of an appointment contained in the will of the infant's father or mother, being a resident of the State, and dying after this chapter takes effect, unless the will has been duly admitted to probate, and recorded in the proper surrogate's court, and letters of guardianship have been issued to him thereupon; or by virtue of an appointment contained in a deed of the infant's father or inother, being a resident of the State, executed after this chapter takes effect, unless the deed has been acknowledged or proved, and certified, so as to entitle it to be recorded, and has been recorded in the office for recording deeds in the county, in which the person making the appointment resided, at the time of the execution thereof. Where a deed containing such an appointment is not recorded, within three months after the death of the grantor, the person appointed is presumed to have renounced the appointment; and if a guardian is afterwards duly appointed by a surrogate's court, the presumption is conclusive.

§ 2852. Where a will, containing the appointment of a guardian, is admitted to probate, the person appointed guardian must, within thirty days thereafter, qualify as prescribed in section two thousand five hundred and ninetyfour of this act; otherwise he is deemed to have renounced the appointment. But the surrogate may extend the time so to qualify, upon good cause shown, for not more than three months. And any person interested in the estate may, before letters of guardianship are issued, file an affidavit setting forth with respect to the guardian, so appointed, any fact which is made by law an objection to the issuing of letters testamentary to an executor. Sections two thousand six hundred and thirty-six to two thousand six hundred and thirty-eight of this act, both inclusive, apply to such an affidavit and to the proceedings thereupon. A person appointed guardian by will may, at any time before he qualifies, renounce the appointment by a written instrument, under his hand, filed in the surrogate's office.

2853. Where a guardian of an infant's person or property has been appointed by will or by deed, the infant, or any relative or other person in his behalf, may present, to the surrogate's court in which the will was admitted to probate; or to the surrogate's court of the county in which the deed was recorded; a written petition, duly verified, setting

forth, either upon his knowledge, or upon his information and belief, any fact, respecting the guardian, the existence of which, if it was interposed as an objection to granting letters testamentary to a person named as executor in a will would make it necessary for such a person to give a bond in order to entitle himself to letters; and praying for a dea cree, requiring the guardian to give security for the pi formance of his trust; and that he may be cited to shot cause why such a decree should not be made. Upon th presentation of such a petition, and proof of the facts there alleged, to the satisfaction of the surrogate, he must issue citation accordingly. Upon the return of the citation, decree requiring the guardian to give security may be made in the discretion of the surrogate, in a case where a person so named as executor; can entitle himself to letters test mentary only by giving a bond; but not otherwise.

$2854. The security to be given, as prescribed in the last t sections, must be a bond to the same effect, and in the same form, t the bond of a general guardian, appointed by the surrogate's cour Each provision of this chapter, applicable to the bond of such a guart ian, and to the rights, duties, and liabilities of the parties there.0. any of them, including the release of the sureties, and the giving of new bond; applies to the bond so given, and the parties thereto.

2855. Upon the petition of the ward, or of any relative or othe person in his behalf, the surrogate's court naving jurisdiction" require security, as prescribed in the last three sections, may, at an time, in the discretion of the surrogate, make an order, requiring guardian, appointed by will or by deed, to render and file an invente and account, in the same form, and verified in the same manner as inventory and account required, to be filed annually by a guardian 1 pointed by a surrogate's court, as prescribed in article second of the title. The order may also require such an inventory and account to be filed, in the month of January of each year thereafter. Sections tw thousand eight hundred and forty-two to two thousand eight hundre and forty-five of this act, oth inclusive, apply to such an inventor and account, and to the filing thereof, as if the guardian had been appointed by the surrogate's court.

$2856. [Am'd 1891.]

The surrogate's court having jurisdiction to require security may com pel a judicial settlement of the account of a guardian appointed br will or by deed, in any case where it may compel a judicial settleme of the account of a general guardian; and the proceedings to procure such a settlement are the same as if the guardian so appointed by will or by deed had been a general guardian. A guardian appointed by w or by deed may present to the surrogate's court a written petition, dur verified, praying for a judicial settlement of his account, and a dis charge from his duties and liabilities, in any case where a petition for a judicial settlement of his account may be presented by any other person as prescribed in this article. The petition must pray that the person who might have so presented a petition may be cited to attend the settlement. Upon the presentation of such petition the surrogate must issue a citation accordingly. Sections twenty-seven hundred and thirty-three to twenty-seven hundred and thirty-seven, both inclusive, and sections twenty-seven hundred and forty-one and twenty-seven hundred and forty-four of this act apply to a guardian accounting s prescribed in this article, and regulate the proceedings upon such accounting. A guardian designated in this title is entitled to the same compensation as a general guardian.

$2857. A decree, made upon a judicial settlement of the account of a guardian appointed by will or by deed, as prescribed in this article. or the judgment rendered upon appeal from such decree, has the same. force, as a judgment of the supreme court to the same effect.

§ 2858. Upon the petition of the ward, or of any rela ve or other person in his behalf, the surrogate's court, havg jurisdiction to require security from a guardian apinted by will or by deed, may remove such a guardian, any case where a testamentary trustee may be removed, prescribed in title sixth of this chapter; and the proceedgs upon such a petition are the same, as prescribed in that le for the removal of a testamentary trustee. Where a tation is issued, upon a petition for the removal of such a ardian, he may be suspended from the exercise of his owers and authority, as if he had been appointed by the arrogate's court.

§ 2859. A guardian appointed by will or by deed, may e allowed to resign his trust, by the surrogate's court, havg jurisdiction to require security from him. The proeedings for that purpose, and the effect of a decree made hereupon, are the same, as where a guardian appointed by he surrogate's court presents a petition, praying that his etters may be revoked, as prescribed in article first of this tle.

§ 2860. Where a sole guardian, appointed by will or by eed, has been, by the decree of the surrogate's court, reoved or allowed to resign, a successor may be appointed y the same court, with the effect prescribed in section two housand six hundred and five of this act; unless such an ppointment would contravene the express terms of the will r deed.

CHAPTER XIX.

COURTS OF JUSTICES OF THE PEACE, AND PRO CEEDINGS THEREIN.

ITLE I. JURISDICTION AND GENERAL POWERS. TITLE II. COMMENCEMENT OF ACTION; APPEARANCE

TITLE

OF PARTIES; PROVISIONAL REMEDIES. III.-PLEADINGS; INCLUDING COUNTERCLAIMS, AND PROCEEDINGS UPON ANSWER OF

TITLE.

IV. PROCEEDINGS BETWEEN THE JOINDER OF

ISSUE AND THE TRIAL.

V.-TRIAL AND ITS INCIDENTS.

TITLE

TITLE

TITLE

TITLE

TITLE VIII.-APPEALS

VI.-JUDGMENT; AND DOCKETING THE SAME.
VII.-EXECUTIONS.

TITLE IX.-COSTS.
TITLE

X.-ACTION OR SPECIAL PROCEEDING, RELAT

ING TO AN ANIMAL STRAYING UPON THE
HIGHWAY

TITLE

XI.-PROVISIONS

SPECIALLY

RELATING T

$1284, Con sol. Act.

COURTS OF JUSTICES OF THE PEACE

THE CITY OF BROOKLYN.

TITLE XII.-MISCELLANEOUS PROVISIONS,

TITLE I.

Jurisdiction and general powers.

§ 2861. Justice's jurisdiction
must be specially con-
ferred by law.

2862. General civil jurisdiction.
2863. No jurisdiction in certain

cases.

2864. Confession of judgment.
2865. Actions by and against
officers, etc.; and by
executors, etc.
2866. Tavern keepers disquali-
fied.

2867. Members of legislature not

compelled to act.

82868. Justices to hold coure general powers.

2869. In what town, etc., actin must be brought. 2870. Criminal contempts. 2871. Id.; how punished. 2872. Offender to be heard. 2873. Record of conviction. 2874. Requisites of commitment 2875. Fine to be paid to overse or superintendent of th poor.

§ 2861. A justice of the peace has such jurisdiction i civil actions and special proceedings, as is specially co ferred upon him by statute, and no other.

§ 2862. Except as otherwise prescribed in the next se tion, a justice of the peace has jurisdiction of the followin civil actions:

1. An action to recover damages upon or for breach c a contract, express or implied, other than a promise to marry, where the sum claimed does not exceed two hundred dollars.

2. An action to recover damages for a personal injury, cr an injury to property, where the sum claimed does not es ceed two hundred dollars.

3. An action for a fine or penalty, not exceeding two! hundred dollars.

4. An action upon a bond conditioned for the payment of money, where the sum claimed to be due does not exceed two hundred dollars; the judgment to be rendered for the sum actually due. Where the sum secured by the bond is to be paid in instalments, an action may be brought for each instalment, as it becomes due.

5. An action upon a surety bond, taken, by any justice of the peace.

6. An action upon a judgment rendered in a court of a justice of the peace, or in a district court of the city of New York, or in a justices' court of a city, being a court not of record.

7. An action to recover one or more chattels, with or without damages for the taking, withholding, or detention thereof, where the value of the chattel, or of all the chattels, as stated in the affidavit made on the part of the plaintiff, does not exceed two hundred dollars.