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§1558. The successor in office of a surrogate has power to complete any unfinished business commenced by his predecessor.

§ 1559. A surrogate cannot be counsel or attorney in a civil action, for or against any executor, administrator, guardian or minor, committees or other person over whom or whose accounts he would by law have jurisdiction; whether such action relate to the business of the estate or not.

§ 1560. Costs may be awarded in favor of one party against another, to be paid personally out of the estate or fund, in any proceedings contested adversely before the surrogate; but such costs cannot exceed those allowed in the supreme court, for a trial in civil actions. Witnesses' fees, and other disbursements similar to those allowed in the supreme court, may also be allowed.

§ 1561. Orders for the payment of money may be enforced by execution, or otherwise, in the same manner as judgments for the payment of money in the supreme court; except, that in the surrogate's court, all process is issued by the surrogate.

§ 1562. Executions, warrants, and other process issued by a surrogate, must be executed by the sheriff or coroner of the county, to which they are sent to be executed, in the same manner, and with the same powers, responsibilities and fees, as process issued from the supreme court.

CHAPTER II.

PROCEEDINGS IN CASES OF INSANITY AND HABITUAL DRUNKENNESS.

SECTION 1563. Surrogate has care of insane persons, and drunkards.

1564. Commitee to be appointed, their duties defined.

1565. Overseer of poor, or a relative may apply.
1566. Application to be in writing and verified.

1567. Surrogate to appoint time and place to investigate.
1568. Insane person or drunkard to be summoned.
1569. A jury of eighteen persons to be summoned.
1570. Manner of drawing and summoning jury.
1571. Surrogate to attend and impannel the jury for trial.
1572. Surrogate to preside and decide questions of law.
1573. Allegations must be proved, and may be contested.
1574. Inquisition to be in writing by at least nine jurors.
1575. On verdict for applicant, committee appointed.
1576. Appointment, its contents and disposition.
1577. Committee must be sworn.

1578. Appraisers to be appointed and inventory taken.
1579. Powers of committee like those of guardian.
1580. In paying debts, the powers of administrators.
1581. Real property may be sold by order of surrogate.
1582. Surrogate to ascertain and limit amount.
1583. Sale to be conducted as administrator's.

1584. New security may be required.

1585. Power to perform contracts.

1586. When power of committee ceases.

1587. Upon application for removal, citation to issue.

1588. When appointment may be revoked, or the committee removed. 1589. Surrogate's fees and other costs.

§ 1563. The surrogate of the county has the care and custody of the person and property of idiots, lunatics, and other persons of unsound mind, and of persons, who, in consequence of habitual drunkenness, or for any other cause, are incapable of the proper care and management of their own property; all of whom are known in this code as insane persons, or habitual drunkards.

§ 1564. For the purpose of exercising these powers, the court may appoint a committee, or if necessary, two or three in each case, whose duty it is,

1. To take possession of the property of the person, and manage the same in a manner proper to produce income, and to prevent its being wasted or destroyed:

2. To take the care and custody of such person, and so far to hold him in restraint, as may be necessary to prevent injury to the person or property of himself or others:

3. To provide out of his property for the maintenance of such person and his family, and the education of his children:

4. To make an inventory of his property, real and personal, and to file the same in the surrogate's office, immediately after his appointment, and to keep and annually file in the surrogate's office, an account of all sums received and expended for the year, verified by his oath.

§ 1565. The overseer of the poor of the town, or the superintendent of the poor of the county, where the insane person or habitual drunkard resides, or any member of the family of such insahe person or drunkard, or any person related to him by blood or marriage, who, in case of his death, intestate, would be entitled to any portion of his property, may apply to the surrogate for the appointment of the committee.

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§ 1566. Such application must be in writing, stating the facts upon which it is founded, and verified by the affidavit of the applicant, to the effect that he believes it to be true.

§ 1567. Upon receiving the application, the surrogate must immediately appoint a time and place in the town or city, where the insane person or drunkard resides, to investigate the truth of the allegations made in the application, which time must not be less than eight nor more than sixteen days thereafter.

§ 1568. The surrogate must also issue a citation to the insane person, to appear at the time and place specified, and show cause, if he have any, against the application. Such citation with a copy of the application must be served by the sheriff, at least six days before the time of appearance, on the insane person or drunkard, and on some member of the family of such person, or of the family in which he resides, cf suitable age and discretion, other than the applicant.

§ 1569. The surrogate must also issue to the sheriff an order, directing him to summon a jury of eighteen persons, to be drawn from a justice's jury box, of the town or city where the trial is to be had, to appear at the time and place appointed for the investigation, and to determine the truth of the allegations made in the application.

§ 1570. The jury must be drawn by the sheriff, in the presence of the justice, and summoned pursuant to the surrogate's order, and a return thereof made, at the time and place specified, stating the time and manner of summoning each juror.

§ 1571. At the time and place appointed, or at such other time as the hearing may be adjourned to for cause shown, the surrogate must attend and draw and empanel a jury of twelve persons, in the same manner as a jury is drawn by a justice, for the trial of civil actions. When the jury is completed, it must be sworn by the surrogate, to investigate the truth of the matters stated in the application, and to find a true inquisition thereon, according to the evidence.

§ 1572. The surrogate must preside at the trial, and decide all questions of law arising therein, and the trial must be conducted in all respects like a trial in a civil action, except as otherwise provided in this chapter.

§ 1573. Upon such trial, the alleged insane person or drunkard may appear by counsel, and may produce witnesses on his part. But whether he appear cr not, the applicant must prove the truth of the allegations made in his application.

§ 1574 The inquisition of the jury must be in writing, subscribed by at least nine of the jurors, and must declare that there exists no sufficient reason for a com

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