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performance of his trust; and that he may be cited to show cause why such a decree should not be made. Upon the presentation of such a petition, and proof of the facts therein alleged, to the satisfaction of the sur rogate, he must issue a citation accordingly. Upon the return of the citation, a 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 testamentary only by giv ing a bond; but not otherwise.
$2854. What security to be given. The security to be given, as prescribed in the last two sections, must be a bond to the same effect, and in the same form, as the bond of a general guardian, appointed by the sur rogate's court. Each provision of this chapter, applica ble to the bond of such a guardian, and to the rights, duties and liabilities of the parties thereto, or any of them, including the release of the sureties, and the giv ing of a new bond; applies to the bond so given, and the parties thereto.
2855. Inventory and intermediate account may be required. Upon the petition of the ward, or of any relative or other person in his behalf, the surrogate's court having jurisdiction to require security, as prescribed in the last three sections, may, at any time, in the discretion of the surrogate, make an order, requir ing a guardian, appointed by will or by deed, to render and file an inventory and account, in the same form, and verified in the same manner as the inventory and account, required to be filed annually by a guardian appointed by a surrogate's court, as prescribed in article second of this title. The order may also require such an inventory and account to be filed, in the month of January of each year thereafter. Sections 2842 to 2845 of this act, both inclusive, apply to such an inventory and account, and to the filing thereof, as if the guardian had been appointed by the surrogate's court,
§ 2856. When surrogate may compel judicial settlement of account.-The surrogate's court, having
jurisdiction to require security, may compel a judicial settle ment of the account of a guardian, appointed by will or by deed, in any case where it may compel 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 sur rogate'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 per son 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. Sec tions 2733 to 2737, both inclusive, and sections 2741 and 2744 of this act apply to a guardian accounting as prescribed in this article, and regulate the proceedings upon such an accounting. A guardian designated in this title is entitled to the same coinpensation as a general guardian. [In effect Sept. 1, 1891.
§ 2857. Effect of decree. 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.
New; see 2813, ante.
§ 2858. Removal of guardian appointed by will or deed. Upon the petition of the ward, or of any relative or other person in his behalf, the surrogate's court having jurisdiction to require security from a guardian appointed by will or by deed, may remove such a guardian, in any case where a testamentary trustee may be removed, as prescribed in title sixth of this chapter; and the proceedings upon such a petition are the same, as prescribed in that title for the removal of a testamentary trustee. Where a citation is issued, upon a petition for the removal of such a guardian, he may be suspended from the exercise of his powers and authority, as if he had been appointed by the surrogate's court..
L. 1874, ch. 469 (9 Edm. 960); see 2 2815 and 2834, ante. Damarell v. Walker, 2 Redf. 198.
2859. Resignation of such a guardian.-A guardian appointed by will or by deed, may be allowed to resign his trust, by the surrogate's court, having jurisdiction to require security from him. The proceedings for that purpose, and the effect of a decree made thereupon, are the same, as where a guardian appointed by the surrorogate's court presents a petition, praying that his letters may be revoked, as prescribed in article first of this title.
New; see 2835, 2836, and 2837, ante.
§ 2860. Appointment of successor.- Where a sole guardian, appointed by will or by deed, has been, by the decree of the surrogate's court, removed or allowed to resign, a successor may be appointed by the same court, with the effect prescribed in section 2605 of this act; unless such an appointment would contravene the express terms of the will or deed.
See) 2818, ante. New in form.
COURTS OF JUSTICES OF THE PEACE, AND PROCEEDINGS THEREIN.
I.—JURISDICTION AND GENERAL POWERS.
II. COMMENCEMENT OF ACTION; APPEAR.
INCLUDING COUNTERCLAIMS, AND PROCEEDINGS UPON ANSWER OF TITLE.
TITLE IV.-PROCEEDINGS BETWEEN THE JOINDER OF ISSUE AND THE TRIAL.
V.-TRIAL AND ITS INCIDENTS.
VI.-JUDGMENT; AND DOCKETING THE SAME.
TITLE VIII. APPEALS.
X.-ACTION OR SPECIAL PROCEEDING, RE-
UPON THE HIGHWAY.
TITLE XI.-PROVISIONS SPECIALLY RELATING ΤΟ COURTS OF JUSTICES OF THE PEACE IN THE CITY OF BROOKLYN.
TITLE XII.- MISCELLANEOUS PROVISIONS.
Jurisdiction and general powers.
SEC. 2861. Justice's Jurisdiction must be specially conferred by law. 2862. General civil jurisdiction.
SEC. 2863. No jurisdiction in certain cases.
2864. Confession of Judgment.
2865. Actions by and against officers, etc.; and by executors, etc. 2866. Tavern-keepers disqualified.
2867. Members of legislature not compelled to act.
2868. Justices to hold courts; general powers.
2869. In what town, etc., action must be brought.
2871. Id.; how punished.
2872. Offender to be heard.
2873. Record of conviction.
2874. Requisites of commitment.
2875. Fine to be paid to overseer or superintendent of the poor.
2861. Justice's jurisdiction must be specially con ferred by law. A justice of the peace has such juris diction in civil actions and special proceedings, as is specially conferred upon him by statute, and no other.
New. See Code of Proc., 53. Sagendorf v. Shult, 41 Barb. 102; Hard v. Shipman, 3 id. 621; Humphrey v. Persons, 23 id. 313; Foster v. Hazen, 12 id. 547; Sperry v. Reynolds, 65 N. Y. 179; Barnaman v. Williams, 18 Abb. 158; Koon v. Mazuzan, 6 Hill, 44; Law v. Rice, 8 Johns. 409; Striker v. Mott, 6 Wend. 465; Onderdonk v. Ranlett, 3 Hill, 323; Guernsey v. Lowell, 9 Wend. 319; Baldwin v. McArthur, 17 Barb. 415; Chapin v. Churchill, 12 How. 367; In re Hopper, 5 Paige, 489; Carring ton v. Andrews, 12 Abb. 348; Place v. Butternuts Woolen Manufacturing Co., 28 Barb. 503; Travis v. Jenkins, 30 How. 152; Schoonmaker v. Clearwater, 41 Barb. 200; Birdsall v. Fuller, 11 Hun, 204.
§ 2862. General civil jurisdiction.-Except as other. wise prescribed in the next section, a justice of the peace has jurisdiction of the following civil actions:
1. An action to recover damages upon or for breach of 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, or an injury to property, where the sum claimed does not exceed 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