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cuted, is within the United States, or the dominion of Canada, he must give at least two months' notice.
2. If it is within either of the West India islands, he must give at least three months' notice.
3. In every other case, he must give at least four months' time.
Notice may be given, as required by this section, by serving it as prescribed in this act for the service of a paper upon an attorney, in an action in the supreme
Id., 12, R. S.
$2314. Execution thereof. The commissioner or commissioners possess the same powers, and must proceed in the same manner, as a referee, appointed by an order requiring the production of the tenant for life, or proof of his existence; except that they cannot proceed, unless a person is produced before them, as being the person whose death is in question. The return to the commission must expressly state whether any person was or was not so produced. The testimony, re specting the identity of a person so produced, must be taken, unless otherwise specially directed by the court, as prescribed in chapter ninth of this act, for taking the deposition of a witness upon oral interrogatories; except that it is not necessary to give any other notice of the time and place of examination, than that prescribed in the last section.
Id., part of 13.
2315. Proceedings on return of commission.-Upon the return of the commission, the proceedings are the same as upon the report of a referee, as prescribed in sections 2309 and 2310 of this act; but the court may, in its discretion, receive additional proofs from either party.
Substituted for 22 13, 14, 15 and 16.
§ 2316. Costs. Where costs of a special proceeding, taken as prescribed in this title, are awarded, they must be fixed by the court at a gross sum, not exceed. ing fifty dollars, in addition to disbursements. Where provision is not specially made in this title for the award of costs, they may be denied, or awarded to or against either party, as justice requires.
2317. Property; when restored. The possession of real property, which has been awarded to the petitioner; as prescribed in this title, upon the presumption of the death of the person, upon whose life the prior estate depends, must be restored, by the order of the court, to the person evicted, or to his heirs or legal representatives, upon the petition of the latter, and proof, to the satisfaction of the court, that the person presumed to be dead is living. The proceedings upor such an application are the same, as prescribed in this title, upon the application of the person to whom possession is awarded.
§ 2318. Remedy of person evicted for profits, etc.— A person evicted, as prescribed in this title, may, if the presumption, upon which he is evicted, is erroneous, maintain an action against the person who has occupied the property, or his executor or administrator, to recover the rents and profits of the property, during the Occupation, while the person, upon whose life the prior estate depends, is or was living.
§ 2319. Order not conclusive in ejectment.— A final order, made as prescribed in this title, awarding to the petitioner the possession of real property is presump tive evidence only, in an action of ejectment, brought against him by the person evicted, or in an action brought as prescribed in the last section, of the life or death of the person, upon whose life the prior estate depends.
Proceedings for the appointment of a committee of the person, and of the property, of a lunatic, idiot, or habitual drunkard; general powers and duties of the committee.
Bac. 2320. Jurisdiction; concurrent jurisdiction.
2321. Duty of court having jurisdiction.
2322. Committee may be appointed.
2323. Application for committee; by whom made.
2323(a), Application when incompetent person is in a State institution; petition, by whom made; contents and proceedings upon presentation thereof.
2323(b). Costs of proceeding. 2324.
2337. 2338. 2939.
Duty of certain officers to apply.
Contents, etc., of petition; proceedings upon presenta-
When foreign committee may be appointed.
Proceedings upon trial by jury in court.
Proceedings upon verdict, or return of commission. 2336(a). Sections of this title not applicable when application for committee is made under authority of this State. Security to be given by committee.
Commissioners to be sworn; vacancies, how filled.
Return of inquisition and commission.
Compensation of committee.
Committee under control of court; limitation of powers.
Committee of property may maintain actions, etc.
Id.; to file inventory and account.
Id.; may be compelled to file the same, or render an additional account, etc.
Property, when to be restored.
Id.; disposition in case of death.
§ 2320. [Amended, 1895.] Jurisdiction; concurrent jurisdiction.- The jurisdiction of the supreme court extends to the custody of the person and the care of the property, of a person incompetent to manage himself or his affairs, in consequence of lunacy, idiocy, habitual drunkenness, or imbecility arising from old age or loss of memory and understanding, or other cause. Where a county court has jurisdiction of those matters, concurrent with that of the supreme court, the jurisdiction of the court first exercising it, as prescribed in this title. is exclusive of that of the others, with respect to any matter within its jurisdiction, for which provision is made in this title. In all proceedings under this title for the appointment of a committee of such a person, he shall be designated "an alleged incompetent person; and after the appointment of a committee of such person, in all subsequent proceedings the lunatic, idiot, habitual drunkard or imbecile shall be designated "an incompetent person."
In effect, as amended, Jan. 1, 1896; L. 1895, ch. 946.
§ 2321. Duty of court having jurisdiction.— The court exercising jurisdiction over the property of either of the incompetent persons, specified in the last section, must preserve his property from waste or destruction; and, out of the proceeds thereof, must provide for the payment of his debts, and for the safe keeping and maintenance, and the education, when required, of the incompetent person and his family.
Id., part of § 1. Parsee Merchants' Case, 11 Abb. N. S. 209; 3 Daly,
§ 2322. Committee may be appointed. isdiction, specified in the last two sections, must be exercised by means of a committee of the person, or a committee of the property, or of a particular portion of the property, of the incompetent person, appointed as prescribed in this title. The committee of the person and the committee of the property may be the same individual, or different individuals, in the discretion of the court.
New. Matter of Payn, 8 How. Pr. 220; Matter of Taylor. 9 Paige, 611; Ex parte Zimmer, 15 Hun, 214; Matter of Heeney, 2 Barb. Ch. 326; Matter of Owens, 47 How. 150.
2323. [Amended, 1895.] Application for committee; by whom made. An application for the appointment of such a committee must be made by petition, which may be presented by any person. Except as provided in the next section, where the application is made to the supreme court, the petition must be presented at a special term held within the judicial district, or to a justice of said court within such judicial district at chambers, where the person alleged to be incompetent resides; or if he is not a resident of the State, or the place of his residence cannot be ascertained, where some of his property is situated, or the State institution is situated of which he is an inmate.
In effect May 29, 1895; L. 1895, ch. 824.
New in form. In re Smith, 1 Russ. 348; Matter of Lynch, 5 Paige, 120; 2 Barb. Ch. Pr. 228; Matter of Ganse, 9 Paige, 416; Matter of Nealy, 26 How. 402; Matter of Payn, 8 id. 220; Ex parte Fowler, 2 Barb. Ch. 205.
§ 2323 (a). Application when incompetent person is in a State institution; petition, by whom made; contents and proceedings upon presentation thereof.- Where an incompetent person has been committed to a State institution in any manner provided by law, and is an inmate thereof, the petition may be presented by any officer of and on behalf of the State; the petition must be in writing and verified by the affidavit of the petitioner or his attorney, to the effect that the matters therein stated are true to the best of his information or belief; it must show that the person for whose person or property, or both, a committee is asked has been committed to a State institution in some manner provided by law, and is at the time an inmate thereof; it must also state the institution in which he is an inmate, the date of his admission, his last known place of residence, the name and residence of the husband or wife, if any, of such person, and if there be none, the name and residence of the next of kin of such person living in this State so far as known to the petitioner, the nature, extent and income of his
property, so far as the same is known to the petitioner, or can with reasonable diligence be ascertained by him. The petition may be presented to the supreme court at any special term thereof, held either in the judicial district in which such incompetent person last resided, or in the district in which the State institution in which he is committed is situated, or to a justice of the supreme court at chambers within such judicial district. Notice of the presentation of such petition shall be personally given to such person, and also to the husband or wife, if any, or if none to the next of kin named in the petition, and to the officer in charge of the institution in which such person is an inmate. Upon the presentation of such petition, and proof of the service of such notice, the court or justice may, if satisfied of the truth of the facts required to be stated in such petition, immediately appoint a committee of the person or property, or both of such incompetent person, or may require any further proof which it or he may deem necessary before making such appointment..
In effect May 29, 1895; L. 1895, ch. 824.
§ 2323 (b). Costs of proceeding. Upon the presentation of a petition and the appointment of a committee, as provided in section three thousand three hundred and twentythree (a), the court or justice may award costs of the proceeding, not exceeding twenty-five dollars in addition to necessary disbursements, to the petitioner, payable from the estate of the incompetent person, and upon denial of an application to set the same aside, costs as of a motion.
In effect May 29, 1895; L. 1895, ch. 824.
§ 2324. Duty of certain officers to apply.-Where the incompetent person has property, which may be endangered in consequence of his incompetency, and no relative or other person applies for the appointment of a committee of his property, the overseer or superin tendent of the poor of the town, district, county, or city, in which he resides, or, where there is no such officer, the officer or officers performing corresponding functions under another official title, must apply to the proper court, for the appointment of such a committee. The expenses of conducting the proceedings thereupon must be audited and allowed, in the same manner as other official expenses of those officers are audited and allowed.
2 R. S. 52, 53, 88 2-7 (2 Edm. 53).
§ 2325. Contents, etc., of petition; proceedings upon presentation thereof.-The petition must be in writing, and verified by the affidavit of the petitioner, or his at