jurisdiction to require security, may compel a judicial settlement 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 guardian appointed by it; and the proceedings to procure such a settlement are the same, as if the guardian had been so appointed. New; see 2847-2850. § 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. Damarelle. 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. CHAPTER XIX. COURTS OF JUSTICES OF THE PEACE, AND PROCEEDINGS THEREIN. TITLE I. JURISDICTION AND GENERAL POWERS. COMMENCEMENT OF ACTION; APPEAK TITLE II. ANCE OF PARTIES; PROVISIONAL REMEDIES. TITLE III. — PLEADINGS ; INCLUDING COUNTERCLAIMS, AND PROCEEDINGS UPON ANSWER OF TITLE. TITLE IV. PROCEEDINGS BETWEEN THE JOINDER OF ISSUE AND THE TRIAL. TITLE V.-TRIAL AND ITS INCIDENTS. TITLE VI. JUDGMENT; AND DOCKETING THE SAME. TITLE VII. -EXECUTIONS. TITLE VIII.-APPEALS. TITLE IX.-COSTS. TITLE X.-ACTION OR SPECIAL PROCEEDING, RE LATING ΤΟ AN ANIMAL STRAYING UPON THE HIGHWAY. TITLE XI.-PROVISIONS SPECIALLY RELATING ΤΟ COURTS OF JUSTICES OF THE PEACE IN THE CITY OF BROOKLYN. TITLE XII.-MISCELLANEOUS PROVISIONS. TITLE I. Jurisdiction and general powers. SEC. 2861. Justice's Jurisdiction must be specially conferred by law. 2862. General civil jurisdiction. BEC. 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. 2367. Members of legislature not compelled to act. 2863. Justices to hold courts; general powers. 2869. In what town, etc., action must be brought. 2870. Criminal contempts. 2871. I.; how punished. 2872. Offender to be heard. 2874. Requisites of commitment. 2873. Fine to be paid to overseer or superintendent of the poor. 2861. Justice's jurisdiction must be specially conferred by law. A justice of the peace has such jurisdiction in civil actions and special proceedings, as is specially conferred upon him by statute, and no other. New See Code of Proc., 53. Sagendorf r. Shult, 41 Barb. 102; Hard v. Shipman, 6 ft. 621; Humphrey v. Persons, 23 id. 313; Foster v. Hazen, 12 it. 547; Sperry v. Reynolds, 65 N. Y. 179; Barnainan v. Williams, 18 Abb. 158; Koon . Mazuzan, 6 Hill, 44; Law v. Rice, 8 Johns. 409; Striker v. Mott, 6 Wend. 465; Onderdonk . Ranlett, 3 Hill, 323; Guernsey v. Lowell, 9 Wend. 319; Baldwin v. McArthur, 17 Barb. 415; Chapin r. Churchill, 12 How. 367; In re Hopper, 5 Paige, 499; Carring ton . Andrews, 12 Abb, 345; Place . Butternuts Woolen Manufacturing Co., 28 Barb. 503; Travis v. Jenkins, 30 How. 152; Schoonmaker e. Clearwater, 41 Barb. 200; Birdsall v. Fuller, 11 Hun, 204. § 2862. General civil jurisdiction.-Except as otherwise 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 of New-York, or in 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. Code of Proc., 53, amended. Coulter . Am. U. Ex. Co., 36 N. Y. 585; Boomer v. Laine, 10 Wend. 525; Walker v. Cruikshank, 2 Hill, 296; Hallock r. Dominy, 69 N. Y. 238: Kernan v. Hammer, 1 Shelton, $; Farrington v. Bullard, 40 Barb. 512; Cobb r. Curtiss, 8 Johns. 469; Reynolds v. Maynard, 1 How. App. Cas. 620; Betts v. Hillman, 15 Abb. 184; O'Neil v. Martin, 1 E. D. Smith; 2 Daly, 240; Parker e. Eaton, 23 Harb 122; Glackin v. Zeller, 52 id. 147; Ex parte Mills, 10 Wend. 557; Brady v. Durbrow, 2 E. D. Smith, 78; Crim v. Cronkhite, 15 How, 250, § 2863. 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 one 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. 4. Where, in a matter of account, the sum total of the accounts of both parties proved to the satisfaction of the justice, exceeds four hundred dollars. 5. Where the action is brought against an executor or administrator, as such. Code of Proc., 54. Rich v. Hogeboom, 4 Denio, 453; Bull v. Colton, 22 Barb. 94; Bellinger v. Ford, id. 250; Rockwell r. Perine, 5 id. 573; Worden v. Brown, 14 How. 327; White r. Seaver. 25 Barb. 235; Stilwell 2. Staples, 3 Abb. 365; Abernathy v. Abernathy, 2 Cow. 413; Mateson v. Bloomfield, 10 Wend. 555, 557; Crim v. Cronkhite, 15 How. 250; Brady r. Durbrow, 2 E. D. Smith, 78: Ward e. Ingraham, 1 id. 538; Willoughby v. Jenks, 20 Wend. 96; Klen v. Gibney, 24 How. 31: Hauptman e. Catlin, 20 N. Y. 247; Salter v. Parkhurst, 2 Daly, 240; Williams r. Carro, 2 Hilton, 438: Coon v. Brook, 21 Barb. 546; Parker . Eaton, 25 id. 12; Glackin v. Zeller, 52 id. 147; Ex parte Mills, 10 Wend. 557. § 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 five hundred dollars. Code of Proc., 153, subd. 8. Chapin v. Churchill, 12 How. 367; |