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mittee, or that the person is in one of the conditions mentioned in section 345, specifying which of them. The surrogate must instruct the jury, as to the form of the inquisition, and it may be found and subscribed in his presence, but he can take no part in the deliberation of the jury, nor advise them in respect to their decision, except on questions of law.

§ 1575. If the jury find that the person is in one of the conditions mentioned in section 1563, the surrogate must immediately appoint a committee, for him. When the application is for a cause other than habitual drunkenness, the jury must state in the inquisition, whether or not, in their opinion, the disability is likely to be permanent. If the jury find that there exists no sufficient reason for a committee, the application must be dismissed.

§ 1576. The appointment must be in writing, and must define the general duties of the committee, as prescribed in section 1564. It must be recorded in the surrogate's office, in the book where the appointment of general guardians is recorded. The committee must also give public notice of his appointment, by advertisement in a newspaper printed and published in the county.

§ 1577. The committee must be sworn to execute faithfully the duties of his trust, according to the best of his ability. He must also give security in the same

manner, and to the same effect as the general guardian of an infant. The oath and undertaking must be filed in the surrogate's office.

§ 1578. The surrogate must also appoint appraisers; and an inventory and appraisal of all the personal property of the insane person, must be taken, verified and returned in the same manner and with the same effect, as in the case of administration of the estate of a deceased person, except that it must contain also a description of the real property, and a valuation by the appraisers of the annual income of each parcel thereof.

§ 1579. The powers and responsibilities of a committee, in the execution of the trust reposed in him as prescribed by section 1564, are in all respects like those of a general guardian, in respect to an infant and his estate, except as in this chapter otherwise provided.

§ 1580. In the payment of debts, the committee must be governed by the same rules, as those which regulate the conduct of administrators.

§ 1581. When there is not personal property, sufficient with the income of the real property, for the payment of the debts, or for the proper maintenance of the insane person or drunkard person and his family, the surrogate may upon a proper accounting by the committee, of the personal, and of the income of the real, property, order the real property or such part thereof as he may

deem necessary, to be sold or mortgaged to procure the necessary funds therefor.

§ 1582. When the inquisition does not state, that the disability is likely to be permanent, the surrogate must, before ordering a sale, ascertain the probable necessary expenditure over the annual income, for a period not exceeding three years in advance, and must limit the sale or mortgage, to so much of the real property as can be sold or mortgaged separately, without material injury to the residue of the property, and as may be sufficient to raise such sum, and in all cases he must first ascertain by evidence the present condition of the person. Further sales or mortgages may be ordered from time to time, as may be necessary.

§ 1583. The proceedings for a sale or mortgage, must be conducted in all respects in the same manner, as for a sale by administrato:s, except as herein otherwise provided; but the proceeds of sales, instead of being paid to the surrogate, are to be placed in the hands of the committee.

§ 1584. The committee may be required to give new or additional security, or to render an account, and may be removed. He is also subject, in all other respects, to the control and direction of the surrogate, in the same manner as the general guardian of an infant.

§ 1585. The committee has power, under the direction of a court of competent jurisdiction, to execute a ccn

veyance of real property, or to do any other act, in the specific performance of a contract made by the insane person or drunkard, when he was capable to contract.

1586. The power of a committee ceases, upon the death of the insane person, and also when the disability, in respect to which he was appointed, has been adjudged by the surrogate to have ceased, or when he has been removed for any cause as provided in the next two sections.

§ 1587. Upon application to the surrogate to remove a committee or to revoke appointment, made upon the affidavits of at least two respectable persons, showing misconduct of the committee, or that the disability, in respect to which the commite te was appointed, has ceased, a citation must be issued to the committee, to the person upon whose application he was appointed, if living within the county, and to the next of kin, if any, within the county, who are of full age, to show cause, if they have any, why the appointment of the committee should not be removed or his appointment revoked.

§ 1588. The citation must be served at least fourteen days before the time appointed for the hearing. Upon its return duly served, or upon another day to which the hearing may be adjourned, the surrogate must hear the evidence offered for and against the application. If sufficient cause for the continuance of the committee be not shown, the surrogate must by an

order declare, that the disability, in respect to which the committee was appointed, has ceased, that the powers of the committee are therefore revoked, and that the party for whom he was appointed is restored to his original rights. If misconduct of the committee be established, he must be removed and another appointed in his place.

§ 1589. The fees of the surrogate, on the appointment of a committee, are the same, as on the proof of a will, and for his removal, and the proceedings in relation thereto, the same as for similar services in case of administrators. Upon a trial before him, the surrogate may order costs to be paid, either by a party, or out of the fund or estate, to any other party, not exceeding the costs allowed for the trial of a civil action.

CHAPTER III.

APPEALS FROM SURROGATES' COURTS.

SECTION 1590. Appeal from surrogates' courts, in what cases allowed. 1591. By whom taken.

1592. May be upon questions of fact or law.

1593. Must be made in thirty days, but does not stay proceedings.
1594. Manner of taking appeal.

1595. Security must be given.

§ 1590. An appeal may be taken to the supreme court from a judgment or order in a surrogate's court, in the following cases:

1. An order admitting a will to record or probate, or refusing the same:

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