After  the  service  and  return  of  a  summons  against  an  infant
defendant,  no  other  proceeding  shall  be  taken  in  the  action  until
a  person  has  been  appointed  to  appear  as  his  guardian  for  the
purpose  of  the  action.  Upon  the  nomination  of  the  defendant,
the  justice  must  appoint  a  proper  person  for  that  purpose.  If  the
defendant  does  not  appear  upon  the  return  of  the  summons,  or  if
he  neglects  or  refuses  to  nominate,  the  justice  may,  on  the  ap-
plication of  the  plaintiff,  appoint  any  proper  person  as  his  guard-
ian. The  written  consent  of  the  person,  so  appointed,  must  be
filed  with  the  justice  before  his  appointment.  The  guhrdian  so
appointed  is  not  responsible  for  any  costs.
Id..   II  42  and  43.
I  288».  rAm*d,  1fM>0.1  TVIien  eonntable  or  la^r  partner
or  elerk  of  Justice  may  not-  act  an  attorney.
Subject  to  the  provisions  of  sections  two  hundred  and  seventy-
one  and  two  hundred  and  seventy-two  of  the  penal  law,  any
person,  other  than  the  constable  who  serve<l  the  summons  or  the
venire,  or  the  law  partner  or  clerk  of  the  justice,  may  be  the  at-
torney for  a  party  to  an  action  before  a  justice  of  the  peace.
Id.,  I  44:  L.  1S04.  Ph.  421  (6  Edm.  205).  Ara'd  by  L.  190».  eh.  C5,
I  3.  See  note  81  of  notes  of  Board  of  Statutory  Consolidation  at  end  of
code.
I  2S(M>.   Authority  of  attorney;  ftoyfr  proved.
The  attorney's  authority  may  be  conferred  orally  or  in  writing;
but  the  instice  shall  not  suffer  a  person  to  appear  as  an  attorney,
unless  his  authority  is  admitted  l>y  the  adverse  party,  or  proved
by  the  affidavit  or  oral  testimony  of  himself,  or  another.
,     Id..  I  46.
