a judicial settlement 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 will or by deed 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 fe a judicial settlement of his account may be presented by a other person as prescribed in this article. The petition m pray that the person who might have so presented a petition m be cited to attend the settlement. Upon the presentation of sta petition the surrogate must issue a citation accordingly. Sectio 2733 to 2737, both inclusive, and sections 2741 and 2744 of the act apply to a guardian accounting as prescribed in this artic and regulate the proceedings upon such an accounting. A guardian designated in this title is entitled to the same comper sation as a general guardian.

§ 2857. Effect of decree.

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

See 2813, ante.

§ 2858. Removal of guardian appointed by will or deel Upon the petition of the ward, or of any relative or other pe son in his behalf, the surrogate's court having jurisdiction to quire security from a guardian appointed by will or by de may remove such a guardian, in any case where a testamentg trustee may be removed, as prescribed in title sixth of chapter; and the proceedings upon such a petition are the sa as prescribed in that title for the removal of a testamen trustee. Where a citation is issued, upon a petition for the moval of such a guardian, he may be suspended from the er cise of his powers and authority, as if he had been appointed the surrogate's court.

L. 1874, ch. 469 (9 Edm. 960). See §§ 2815 and 2834, ante.

§ 2859. Resignation of such a guardian.

A guardian appointed by will or by deed, may be allowed resign his trust, by the surrogate's court, having jurisdiction require security from him. The proceedings for that purp and the effect of a decree made thereupon, are the same, as we a guardian appointed by the surrogate's court presents a pet praying that his letters may be revoked, as prescribed in art first of this title.

See §§ 2835, 2836 and 2837, ante.

§ 2860. Appointment of successor.

Where a sole guardian, appointed by will or by deed, has bee by the decree of the surrogate's court, removed or allowed " resign, a successor may be appointed by the same court, wit the effect prescribed in section 2605 of this act; unless such appointment would contravene the express terms of the w or deed.

See § 2818, ante.

CHAPTER XIX.

f Justices of the Peace, and Proceedings Therein.

Jurisdiction and General Powers.

Commencement of Action; Appearance of Parties; Provisional Remedies.

Pleadings; Including Counterclaims, and Proceedings upon Answer of Title.

Proceedings Between the Joinder of Issue and the Trial.

Trial and its Incidents.

Judgment; and Docketing the Same.

Executions.

Appeals.

Costs.

Action or Special Proceeding, Relating to an Animal Straying upon the Highway.

Provisions Specially Relating to Courts of Justices of the Peace in the City of Brooklyn. Miscellaneous Provisions.

TITLE I.

Jurisdiction and general powers.

tice's jurisdiction must be specially conferred by law. eral civil jurisdiction.

jurisdiction in certain cases.

Cession of judgment.

ions by and against officers, etc.; and by executors, etc. ern-keepers disqualified.

abers of legislature not compelled to act.

ices to hold courts; general powers.

what town, etc., action must be brought.

ninal contempts.

how punished.

nder to be heard.

ord of conviction.

isites of commitment.

to be paid to overseer or superintendent of the poor.

stice's jurisdiction must be specially conferred

of the peace has such jurisdiction in civil actions proceedings, as is specially conferred upon him by no other.

., § 53.

\m'd, 1896.] General civil jurisdiction.

otherwise prescribed in the next section, a justice has jurisdiction of the following civil actions: on to recover damages upon or for breach of a cons or implied, other than a promise to marry, where med does not exceed two hundred dollars.

on to recover damages for a personal injury, or an operty, where the sum claimed does not exceed two

ars.

on for a fine or penalty, not exceeding two hundred

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 is 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.

8. An action to recover damages for an escape from the jail liberties, as provided by chapter two, title two, article four and five of this act, where the sum claimed does not excess fifty dollars.

Co. Proc., § 53, am'd. Subd. 8 added, L. 1896, ch. 303. In effect Sept. 1 1896.

§ 2863. [Am'd, 1882, 1895.] No jurisdiction in certain

cases.

But a justice of the peace cannot take cognizance of a civil action, in either of the following cases:

1. Where the people of the State are a party, except for ole or more fines or penalties not exceeding two hundred dollars. 2. Where the title to real property comes in question, as prescribed in title third of this chapter.

3. Where the action is to recover damages for an assault, battery, false imprisonment, libel, slander, criminal conversation, seduction, or malicious prosecution, or where it is brought under sections eighteen hundred and thirty-seven, eighteen hundred and forty-three, eighteen hundred and sixty-eight, nineteen burdred and two, or nineteen hundred and sixty-nine of this act. 4. Where, in a matter of account, the sum total of the ac counts of both parties proved to the satisfaction of the justice. exceeds four hundred dollars.

5. Where the action is brought against an executor or admisistrator as such, except where the amount of the claim is les than the sum of fifty dollars, and the claim has been duly presented to the executor or administrator and rejected by him. Id., 54; L. 1895, ch. 527.

§ 2864. Confession of judgment.

A justice of the peace has also jurisdiction to render judgment. upon the confession of a defendant, as prescribed in title sixth of this chapter, where the sum confessed does not exceed tire hundred dollars.

Id., § 53, subd. 8.

§ 2865. [Am'd, 1882.] Actions by and against officers, etc. and by executors, etc.

An action, cognizable by a justice of the peace, may be brought by or against a corporation; by or against a natural person in his own right; by or against a town or county officer in his official character; or by an executor or administrator, trustee of an express trust, or a receiver in supplementary proceedings.

2 R. S. 226, § 5 (2 Edm. 241); L. 1847, ch. 470, § 45 (4 Edm. 589).

l'avern-keepers disqualified.

e of the peace who is an innholder or tavern-keeper is no power or jurisdiction under any provision of this ut if a judgment has been actually rendered by him, became so disqualified, he may give a transcript thereof, ecution thereupon, or satisfy the judgment, upon pay

of.

1. 140 (4 Edm. 548).

lembers of legislature not compelled to act.

of the peace, who is a member of the senate or is not obliged to take cognizance of a civil action or ceeding; but he may take cognizance thereof, in his

, § 7 (2 Edm. 242), am'd.

ustices to hold courts; general powers.

e of the peace must hold, within his town or city, a he trial of any action or special proceeding, of which sdiction, brought before him. He must hear, try, and the same, according to law and equity; and for that here special provision is not otherwise made by law, s vested with all the necessary powers possessed by

e court.

i'd.

Am'd, 1893, 1895.] In what town, etc., action rought.

à must be brought before a justice of a town or city e of the parties resides, or a justice of an adjoining y in the same county, except in one of the following

the defendant has absconded from his residence, it ught before a justice of the town or city in which the or a portion of his property, is at the time of the ent of the action.

1895.] Where the plaintiff is not a resident of or if there are two or more plaintiffs when all are s thereof, it must be brought in the town where the esides, or in any adjoining town thereto.

153.

the defendant is a non-resident of the county, it may before a justice of the town or city, in which he is at the commencement of the action.

it is specially prescribed by law, that a particular he brought before a justice of the town, city, county, where an offense was committed, or where property

74.

, 1893.] In any town adjoining an incorporated city, of such town shall have jurisdiction of any action or against a resident of such adjoining city, unless at the parties to the action is a resident of such town. at designated in section 2879, section 2880, or section act, is deemed, for the purposes of this section, a he town or city where the person, to whom a copy ons is delivered, resides.

§ 2870. Criminal contempt.

A justice of the peace has power to punish, for a criminal co tempt, a person guilty of either of the following acts:

1. Disorderly, contemptuous, or insolent behavior towards hi while engaged in the trial of an action, the rendering of a ju ment, or any other judicial proceeding; where such behavi directly tends to interrupt the proceedings, or to impair the : spect due to his authority.

2. Breach of the peace, noise, or other disturbance, direc tending to interrupt his official proceedings.

3. Resistance wilfully offered, in his presence, to the executi of his lawful mandate.

He has not power to punish, for a criminal contempt, in other case.

2 R. S. 273, § 274 (2 Edm. 281).

§ 2871. Id.; how punished.

Punishment, for a contempt, specified in the last section, be by fine not exceeding twenty-five dollars, or by imprisonme in the county jail not exceeding five days, or both, in the dis tion of the justice. Where a person is committed to prison: the non-payment of such a fine, he must be discharged at expiration of ten days; but where he is also committed for definite time, the ten days must be computed from the expirat of the definite time.

Id., § 275, am'd.

2872. Offender to be heard.

A person shall not be punished by a justice of the peace, ! a contempt, until an opportunity has been given him to be he in his defence. And, for that purpose, the justice must issue warrant, directed, generally, to any constable of the county, quiring the constable to bring the offender before him. Id., § 276, am'd.

§ 2873. Record of conviction.

A justice, who convicts a person of a contempt, must, wit ten days after the conviction, make up, subscribe, and file in county clerk's office, a record thereof, stating therein the ticular circumstances of the offence, and the punishment award by him upon the conviction.

Id., § 277, am'd.

§ 2874. Requisites of commitment.

A warrant of commitment for a contempt must set forth t particular circumstances of the offence; otherwise it is void. Id., § 278.

§ 2875. Fine to be paid to overseer or superintendent the poor.

An officer, who collects or receives a fine, imposed by a justi of the peace for a contempt, must, within ten days therea pay the money, for the benefit of the poor, to the overseer superintendent of the poor of the town, city, or district, where the fine was imposed; or, where there is no such officer, to officer or officers performing corresponding functions under s other name; unless the board of supervisors has directed the pa ment of fines and penalties to the supervisor of the town is case where it is authorized by law so to do.