to consider a part of the matters submitted to them, or that the award is indefinite, or cannot be performed.

The court may, on motion, modify or correct the award, where it appears:

1. That there was a miscalculation in figures, upon which it was made, or that there is a mistake in the description of some person or property therein :

2. When a part of the award is upon matters not submitted, which part can be separated from other parts, and does not affect the decision on the matters submitted:

3. When the award is imperfect in form, and if it had been a verdict could have been amended, or those imperfections disregarded.

§ 1550. Upon such motion, the costs thereof, may, in the discretion of the court, be added to the award, but no other costs or charges.

§ 1551. The decision upon the motion, is subject to appeal in the same manner as an order which is subject to appeal in a civil action; but the judgment, entered before a motion is made, is not subject to appeal.

§ 1552. If a submission to arbitration be revoked, and an action be brought therefor as provided in section 1545, the amount to be recovered can only be the costs, expenses and damages sustained, in preparing for and attending the arbitration, nor can the recovery be increas

ed by any penalty or sum fixed as damages in the submission or otherwise, in case of revocation.

§ 1553. The provisions of this title must not be construed to prevent a recovery in an action upon the written award of one or more arbitrators, to whom a matter in controversy may be submitted in writing, to decide upon their own knowledge, with or without testimony.

TITLE IX.

OF PROCEEDINGS IN SURROGATES' COURTS.

CHAPTER I. Proceedings in general.

II. Prooeedings in cases of insanity an l habitual drunkenness.
III. Appeals from surrogates' courts.

CHAPTER I.

PROCEEDINGS IN GENERAL.

SECTION 1554. Proceedings according to special statates, except as prescribed in this chapter; means of exercising powers specified.

1555. Surrogate to keep an office, general directions.

1556. Surrogates' books specified.

1557. Index to each book required.

1558. Suceessor may complete business commenced.

1559. Surrogate may not be counsel or attorney for certain persons. 1560. Costs may be allowed in certain cases.

1561. Orders to pay money enforced by execution.

1562. Sheriff to execute surrogates' process.

§ 1554. There are no pleadings in surrogates' courts. The proceedings are those prescribed by special statutes in the cases not provided for in this chapter, except that letters of administration and letters testamentary may be known as the appointment of administrators, or executors. Those proceedings are had upon

the application of a party, verbal or written; and when verbal, entered in the minutes or otherwise; when written they are filed. The surrogates' powers are ex

ercised by means of

1: A citation to a party;

2. An affidavit, deposition, or the statement of a party; 3. A subpæna to witness;

4. Orders and judgments; and,

5. An execution or warrant to enforce them.

§ 1555. The surrogate must keep an office open at all reasonable hours, suitable and convenient for the transaction of the business, and for the deposit and safe keeping of the public books and papers under his charge. If such office be not provided by the supervisors of the county, the surrogate must provide it, at his own expense. He may also hold his court at any other place in his county, which he may from time to time appoint. He must also provide suitable cases for the books and papers of his office, the expense of which is a county charge. They belong to the county, and must be delivered by the 'surrogate to his successor in office.

§ 1556. The following books must be kept by the surrogate :

1. A register, in which must be entered a memorandum of all official business transacted in his office;

appertaining to the estate of each person deceased, under the name of such person; that pertaining to the general guardian of an infant, under the name of such infant; that pertaining to an insane person or drunkard, under his name;

2. A record of wills, in which must be recorded all wills proved before the surrogate with the certificates of probate thereof; and of all wills proved elsewhere, upon which letters of administration are issued by him;

3. A record of appointment of administrators, whether general or special, and of executors;

4. A record of the appointment of general guardians of infants, and of committees of insane persons and drunkards;

5. A record of accounting and of distribution, in which must be entered a summary balance sheet, of the accounts of administrators, and guardians and committees before him, with his orders and judgments relating to the same; a memorandum of executions issued thereon, with a note of satisfaction when satisfied; also, orders relating to the sale of real estate, and to the distribution. of the proceeds thereof; and notices of all money or securities received by him, as proceeds of such sales, or otherwise; and a statement, showing the names of creditors, and the debts established and entitled to distribution, the amount to which each person is entitled out of the funds, and the amount actually paid by him to each person, and when paid;

6. A record of the appointment of admeasurers of dower; with all orders relating to the same, and the admeasurers' reports;

7. An order book, in which must be entered orders made by him directing the conduct of executors, administrators, guardians or committees; orders for publication of notice to creditors; orders in behalf of creditors, directing debts to be paid, or allowing an action to be commenced, or an execution to be issued; appointments of special guardians, appraisers, referees and arbitrators; orders relating to the production of a will, to removal of administrators, committees or guardians; in relation to sureties for executors, administrators, committees or guardians; and all other orders which he is required to make in writing, and not required to be recorded in some other book;

8. A book of fees, in which must be entered the items of all fees for services in each particular proceeding, or estate, and when and by whom paid.

§ 1557. To each of such books, there must be attached an index, securely bound in the volume, referring to the entries in alphabetical order, under the name of the person, to whose estate or business they relate, and indicating the page of the book where the entry is made.