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such an inventory and account, and to the filing thereof, as if the guardian had been appointed by the surrogate's court.

§ 2856. The surrogate's court, having 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.

2857. 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.

2858. 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.

2859. 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 surrogate's court presents a petition, praying that his letters may be revoked, as prescribed in article first of this title.

§ 2860. 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 two thousand six hundred and five of this act; unless such an appointment would contravene the express terms of the will or deed.

CHAPTER XIX.

COURTS OF JUSTICES OF THE PEACE, AND PROCEEDINGS THEREIN.

TITLE I. JURISDICTION AND GENERAL POWERS.

TITLE II.

COMMENCEMENT OF ACTION; APPEARANCE OF PARTIES; PRO

VISIONAL REMEDIES.

TITLE III. PLEADINGS; INCLUDING COUNTERCLAIMS, AND PROCEEDINGS UPON ANSWER OF TITLE.

TITLE

TITLE

IV. PROCEEDINGS BETWEEN THE JOINDER OF ISSUE AND THE

TRIAL.

V.-TRIAL AND ITS INCIDENTS.

TITLE VI. JUDGMENT; AND DOCKETING THE SAME.

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TITLE

X.-ACTION OR SPECIAL PROCEEDING, RELATING TO

STRAYING UPON THE HIGHWAY.

AN ANIMAL

TITLE

XI.-PROVISIONS SPECIALLY RELATING TO COURTS OF JUSTICES OF
THE PEACE IN THE CITY OF BROOKLYN.

TITLE XII. MISCELLANEOUS PROVISIONS.

TITLE I.

Jurisdiction and general powers.

2861. Justice's jurisdiction must be § 2868. Justices to hold courts; general

specially conferred by law.

2862. General civil jurisdiction.
2853. No jurisdiction in certain cases.
2364. Confession of judgment.
2865. Actions by and against officers,
etc.; and by executors, etc.
2866. Tavern keepers disqualified.
2867. Members of legislature not com-
pelled to act.

powers.

2869. In what town, etc., action must
be brought.

2370. Criminal contempts.
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. 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.

§ 2862. 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 judg ment 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.

$2863. [am'd 1882.] 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 assualt, battery, false imprisonment, libel, slander, criminal conversation, seduction, or malicious prosecution, or where it is brought under sections 1837, 1843, 1868, 1902, or 1969 of this act.

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.

§ 2864. 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.

§ 2865. [am'a 1882.] An action, cognizable by a justice of the peace, may be brought by or against a corporation; by or against a natural person in his own right; by or against a town or county officer in his official character; or by an executor, administrator, trustee of an express trust, or a receiver in supplementary proceedings.

2866. A justice of the peace, who is an innholder or tavern keeper in fact, has no power or jurisdiction under any provision of this chapter; but if a judgment has been actually rendered by him, before he became so dis qualified, he may give a transcript thereof, or issue execution thereupon, or satisfy the judgment, upon payment thereof.

2867. A justice of the peace, who is a member of the senate, or assembly, is not obliged to take cognizance of a civil action or special proceeding; but he may take cognizance thereof, in his discretion.

§ 2868. A justice of the peace must hold, within his town or city, a court for the trial of any action or special proceeding, of which he has jurisdiction, brought before him. He must hear, try, and determine the same, according to law and equity; and for that purpose, where special provision is not otherwise made by law, the court is vested with all the necessary powers possessed by the supreme court.

§ 2869. An action must be brought before a justice of a town or city wherein one of the parties resides, or a justice of an adjoining town or city in the same county, except in one of the following cases:

1. Where the defendant has absconded from his residence, it may be brought before a justice of the town or city in which the defendant, or a portion of his property, is at the time of the commencement of the action.

2. Where the plaintiff is not a resident of the county, or if there are two or more plaintiffs, where all are non residents thereof, it may be brought before a justice of the town or city, in which the plaintiff, or either of the plaintiffs, or his attorney, is at the time of the commencement of the action.

3. Where the defendant is a non-resident of the county, it may be brought before a justice of the town or city, in which he is at the time of the commencement of the action.

4. Where it is specially prescribed by law, that a particular action may be brought before a justice of the town, city, county, or district, where an offence was committed, or where property is found. A defendant designated in section two thousand eight hunered and seventy-nine, section two thousand eight hundred and eighty, or section two thousand eight hundred and eighty-one of this act, is deemed, for the purposes of this section, a resident of the town or city where the person, to whom a copy of the summons is delivered, resides.

2870. A justice of the peace has power to punish, for a criminal con tempt, a person guilty of either of the following acts:

1. Disorderly, contemptuous, or insolent behavior towards him, while engaged in the trial of an action, the rendering of a judgment, or any other judicial proceeding; where such behavior directly tends to interrupt the proceedings, or to impair the respect due to his authority.

2. Breach of the peace, noise, or other disturbance, directly tending to interrupt his official proceedings.

3. Resistance wilfully offered, in his presence, to the execution of his lawful mandate.

He has not power to punish, for a criminal contempt, in any other case.

2871. Punishment for a contempt, specified in the last section, may be by fine not exceeding twenty-five dollars, or by imprisonment in the county jail not exceeding five days, or both, in the discretion of the justice. Where a person is committed to prison for the non-payment of such a fine, he must be discharged at the expiration of ten days; but where he is also committed for a definite time, the ten days must be computed from the expiration of the definite time.

2872. A person shall not be punished by a justice of the peace, for a contempt, until an opportunity has been given him to be heard in his defence. And, for that purpose, the justice must issue a warrant, directed, generally, to any constable of the county, requiring the constable to bring the offender before him.

§ 2873. A justice, who convicts a person of a contempt, must, within ten days after the conviction, make up, subscribe, and file in the county clerk's office, a record thereof, stating therein the particular circumstances of the offence, and the punishment awarded by him upon the conviction.

$2874. A warrant of commitment for a contempt must set forth the particular circumstances of the offence; otherwise it is void.

2875. An officer, who collects or receives a fine, imposed by a justice of the peace for a contempt, must, within ten days thereafter, pay the money, for the benefit of the poor, to the overseer or superintendent of the poor of the town, city, or district, wherein the fine was imposed; or, where there is no such officer, to the officer or officers performing corresponding functions under another name; unless the board of supervisors has directed the payment of fines and penalties to the supervisor of the town, in a case where it is authorized by law so to do.

TITLE II.

Commencement of action; appearance of parties; provisional remedies.

ARTICLE 1. Commencement of action.

2. Appearance of parties.

3. Order of arrest.

4. Attachment of property.
5. Replevin.

ARTICLE FIRST.
COMMENCEMENT OF ACTION.

§ 2876. Action; how commenced. 2877. Contents of summons. 2878. Service of summons.

2879. Id.; upon a corporation.

2880. Id.; special provision relating to railroad corporations.

2881. Id.; relating to express com

panies.

§ 2882. Last two sections qualified. 2883. Second and third summons; effect thereof.

2884. Where name of defendant is unknown.

2885. Return of summons.

2876. An action is commenced before a justice of the peace, either by the voluntary appearance and joinder of issue by the parties, or by the service of a summons.

§ 2877. The summons must be directed, generally, to any constable of the county where the justice resides; and it must command him to summon

the defendant to appear before the justice, at a place specified therein, to answer the complaint of the plaintiff in a civil action. Where the summons is accompanied with an order to arrest the defendant, it must be made returnable immediately upon the arrest of the defendant, within twelve days after the day when it was issued; in every other case, it must be returnable at a time therein specified, not less than six nor more than twelve days after the day when it was issued.

§ 2878. Personal service of the summons must be made by delivering a copy thereof to the defendant; except where it is specially prescribed in this chapter that personal service may be made by delivering a copy to another person Where service of a summons is personal, it must be made at least six days before the time of appearance specified therein; except where it is accompanied with an order of arrest.

2879. Where the defendant to be served is a corporation, the summons may be personally served upon it, by delivering a copy thereof to an officer or person, to whom a copy of the summons in an action, brought against the corporation in the supreme court, might be delivered, as prescribed in sections four hundred and thirty-one and four hundred and thirtytwo of this act; or, to any director or trustee of the corporation, by whatever official title he is called.

§ 2880. Where the defendant to be served is a domestic railroad corporation, and no officer thereof resides in the county, to whom a copy of the summons may be delivered, as prescribed in the last section, it may be personally served, by delivering a copy thereof to a local superintendent of repairs, freight agent, agent to sell tickets, or station keeper of the corporation, residing in the county; unless, at least thirty days before it was issued, the corporation had filed, in the office of the clerk of the county, a written instrument, designating a person residing in the county, upon whom process to be issued by a justice of the peace against it, may be served; in which case, the summons may be personally served by delivering a copy to the person so designated.

2881. Where the defendant to be served is a corporation, association, partnership, or person, doing business in the State as an express company, and no person resides in the county to whom a copy of the summons may be delivered, as prescribed in the foregoing sections of this article, it may be personally served, by delivering a copy thereof to any local or general agent, agent to receive freight or parcels, route agent, or messenger of the defendant, residing in the county; unless, at least thirty days before it was issued, the defendant had filed, in the office of the clerk of the county, a written instrument, designating a person residing in the county, upon whom process to be issued by a justice of the peace against the defendant, may be served; in which case, the summons may be personally served by delivering a copy thereof to the person so designated.

2882. Where a person has been designated, as prescribed in either of the last two sections, and the designation has been revoked, or it appears, by affidavit or the return of the constable, to whom a summons has been duly delivered for service, that the person designated is dead, or has ceased to reside within the county; or that he cannot, after due diligence, be found within the county, so as to deliver a copy of the summons to him; the original summons, or the second or third summons, issued as prescribed in the next section, may be served as if the designation had not been made. Such a designation may be revoked by a writing, executed and filed in like manner as required for the purpose of making the designation.

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