of such minor may be, for the appointment of such guardian as the minor may nominate, subject to the approbation of the surrogate.

If such minor be under the age of fourteen years, any relative or other person, in his behalf, may apply to the surrogate of the county where such minor shall reside, for the appointment of a guardian of the minor, until he shall arrive at the age of fourteen years, and until another guardian shall be appointed. Upon the making of any such application, the surrogate shall assign a day for the hearing thereof, and shall direct such notice of the hearing, to be given to the relatives of the minor residing in the county, as he shall, on due enquiry, think reasonable.

The surrogate to whom application may be made for the appointment of guardians to minors, shall have the same power to allow and appoint guardians, as is possessed by the chancellor; and in all cases, he shall enquire into the circumstances of the minor, and ascertain the amount of his personal property, and the value of the rents and profits of his real estate; and for that purpose, may compel any person to appear before him, and testify in relation thereto.

On the appointment of a guardian to a minor, the surrogate is to give preference first, to the mother of the minor; second, to the grandfather on the father's side; third, to the grandfather on the mother's side; fourth, to either of the uncles on the father's side; fifth, to either of the uncles on the mother's side; sixth, to any one of the next of kin to the minor, who would be entitled to a distribution of his personal estate, in case of his death.

The surrogate has the same discretion, in selecting such guardians, as is given to him in the appointment of adminis

trators.

Before appointing any person guardian of a minor, the surrogate is to require of such person a bond to the minor, with sufficient security, to be approved by him, in a penalty double the amount of the personal estate, and of the value of the rents and profits of the real estate, conditioned, that such

person will faithfully, in all things, discharge the duty of a guardian to such minor, according to law, and that he will render a just and true account of all monies and property received by him, and of the application thereof, and of his guardianship in all respects, to any court having cognizance thereof, when thereunto required.

This bond is to be filed by the surrogate, and in case of a breach of the condition thereof, may be prosecuted in the name of the ward, although he may not have arrived at full age, by his next friend or guardian, whenever the surrogate shall direct.

All guardians appointed by the surrogate, possess the same powers as testamentary guardians. Guardians of minors under fourteen years, are responsible as such until the minor arrives to the age of twenty-one years, or until another guardian be appointed, or the first guardian be displaced.

Guardians are to be cited to account before the surrogate, who appointed, in the same manner as administrators, upon the application of their wards, or any relative of such ward, and on good cause being shown.

Any ward, when arrived at full age, may compel his guar dian to account before the surrogate, without showing any

cause.

Every guardian of a ward who shall have arrived at full age, and every guardian who shall be superseded in his trust by another guardian, may apply to the surrogate who appointed him, for a citation to his ward, or to such new guardian, to attend the settlement of his accounts; the citation to be issued by the surrogate, and to be served as in case of proceedings for removal of a guardian.

Appeals from the final order of the surrogate, on the set. tlement of guardians accounts, may be made to the chancellor, in the same manner and time, and with the same effect as in cases of administrators.

On the application of any ward, or of any relative in his behalf, or of the surety of a guardian, to the surrogate who appointed any guardian, complaining of the incompetency of

such guardian, or of his wasting the real or personal estate of his ward, or of any misconduct in relation to his duties as guardian, the surrogate, upon being satisfied by proof, of the probable truth of such complaint, shall issue a citation to such guardian, to appear before him at the day and place therein specified, to show cause why he should not be removed from his guardianship.

Such citation shall be served personally on the guardian to whom it may be directed, at least fourteen days before the return thereof; or if such guardian shall have absconded or concealed himself, so that such citation cannot be personally served, it may be served, by leaving a copy thereof, at the place of residence of such guardian.

The surrogate, at the day appointed for showing cause, and on such other days as he shall appoint, shall proceed to enquire into the alleged complaint, and shall grant subpœnas to compel the attendance of witnesses, to any person applying; and if satisfied of the incompetency or misconduct of such guardian, he may, by an order to be duly entered in his minutes, remove the said guardian from his trust.

Upon such removal being made, the surrogate may proceed and appoint a new guardian, in the same manner as if no guardian had been appointed.

Any person interested in the allowance, or appointment, or removal of a guardian, as next of kin, or otherwise, and any guardian who may have been removed by any surrogate, may, within six months after any order shall have been made by a surrogate for the appointment of a guardian, or for his removal, or refusal to make such removal, appeal to the chancellor, who shall make such order for notifying the adverse party, and for correcting any such proceedings, as he may deem just.

But no appeal made by a guardian, from the order of a surrogate removing him, shall in any wise affect such order, until the same be reversed.

Every guardian in soccage, and every general guardian, whether testamentary or appointed, shall safely keep the

things that he may have in his custody belonging to his ward, and the inheritance of his ward, and shall not make or suffer any waste, sale or destruction of such things or of such inheritance, but shall keep up and sustain the houses, gardens, and other appurtenances to the lands of his ward, by and with the issues and profits thereof, or with such other monies belonging to his ward, as shall be in his hands; and shall deliver the same to his ward, when he comes to his full age, in as good order and condition, at least, as such guardian received the same, inevitable decay and injury only excepted; and he shall answer to his ward for the issues and profits of real estate, received by him by a lawful account.

If any guardian shall make or suffer any waste, sale or destruction of the inheritance of his ward, he shall lose the custody of the same, and of such ward, and forfeit to the ward thrice the sum at which the damages shall be taxed by the jury.

Guardians shall be allowed for their reasonable expenses," and the same rate of compensation for their services, as is provided by law for executors.

7th. The duties of the Surrogate in the admeasurement of dower.

Any widow who shall not have had her dower assigned to her, within forty days after the decease of her husband, may apply, by petition, for the admeasurement of her dower, to the surrogate of the county in which the lands subject to dower lie; specifying therein the lands to which she claims dower.

A copy of such petition, with notice of time and place when it will be presented, shall be served, at least twenty days previous to its presentation, upon the heirs of her husband; or if they are not the owners of the lands subject to dower, then upon the owners of such lands, claiming a freehold estate therein; or their guardians, when any such heirs or owners are minors.

Such notice may be served personally, on any party of full age; or upon the guardians of minors; or by leaving the

same with any person of proper age, at the last residence of such party or guardian, in case of his temporary absence; and if any such heirs or owners be a resident out of this state, the service of such notice may be upon the tenant in actual occupation of the lands, or if there be no tenant, by publishing the same for three weeks successively, in some newspaper printed in the county where such lands are situated.

Where such heirs or owners are minors, and have no guardian, the surrogate, on application of the widow, shall appoint some discreet and substantial freeholder a guardian of such infants, for the sole purpose of appearing for, and taking care of the interests of such infants in the proceedings.

Notice of the application for the admeasurement of dower, and all notices in the subsequent proceedings, shall be served on such guardian, whether the infant resides within this state

or not.

After the expiration of forty days from the death of any husband, his heirs, or any of them, or the owners of any land subject to dower, claiming a freehold estate therein, or the guardian of any such heirs or owners, may, by notice in writing, require the widow of such husband to make demand of her dower, within ninety days after the service of such notice, of the lands of her deceased husband, or of such part thereof as shall be specified in such notice.

If such widow shall not make her demand of dower, within the time specified in such notice, by commencing a suit, or by an application for admeasurement, as herein specified; or if such widow shall not make such demand within one e year after her husband's death, although no notice to that effect shall have been given; the heirs of the husband of such widow, or any of them, or the owners of any lands subject to dower, claiming a freehold interest therein, or the guardian of any such heirs or owners, may apply, by petition, to the surrogate of the same county, for the admeasurement of the said widow's dower of the lands of her husband, or of such part thereof as shall be specified in said petition.

A copy of such petition, with the notice of the time and