§ 3008. Jury when to be discharged; new venire. Where the justice is satisfied that the jurors cannot agree upon a verdict, after having been out a reasonable time, he may discharge them, and issue a new venire, returnable within fortyeight hours; unless the parties consent, and their consent is entered in the justice's docket-book, that the justice may render judgment upon the evidence already before him; which he may do, in that case. 2 R. S. 242, § 111. § 3009. Fine to be imposed on defaulting juror. A person duly notified to attend as a juror, who fails to attend. or, attending, refuses to serve, without a reasonable excuse. proved by his oath, or the oath of another person, is liable to the same fine, to be imposed and collected, with costs, in like manner. and applied to the same use, as is prescribed in article second of title fourth of this chapter, with respect to a person subpoenaed as a witness, and not attending, or attending and refusing to testify. Id., 112, am'd; L. 1873, ch. 146 (9 Edm. 580). 862 TITLE VI. Judgment; and docketing the same. Judgment by confession. Id.; mode of confessing judgment. Id.; when void. Judgment of nonsuit. Judgment upon verdict, etc. When judgment to be rendered. Remitting part of verdict, etc. Transcript of judgment; docketing the same. Judgment against joint debtors. Docketing the same; action thereupon. Docketing judgment in another county. Justice may give transcript, after expiration of his term. Judgment by confession. ce of the peace may enter a judgment upon the conf the defendant, in any case, where the amount cones not exceed the sum of five hundred dollars, with y of execution, if any, as is agreed upon by the parties dgment. 12, § 113. See § 3224, post. Id.; mode of confessing judgment. nent upon confession shall not be rendered unless the requisites are complied with: defendant must personally appear before the_justice. confession must be in writing, signed by the defendant, with the justice. e judgment is confessed for a sum exceeding fifty e confession must be accompanied with the affidavit endant and of the plaintiff, stating that the defendant y and justly indebted to the plaintiff in the sum speein, over and above all just demands which the deas against the plaintiff; and that the confession is not aken with intent to defraud any creditor. Hd.; when void. nent confessed, otherwise than as prescribed in the , is void, as against every person, except a purchaser ith of property, real or personal, thereunder, and the making the confession. udgment of nonsuit. t of nonsuit, with costs, must be rendered against a rosecuting an action before a justice of the peace, in the following cases: discontinues or withdraws the action. fails to appear within one hour after the summons is or within one hour after the time to which the trial journed. is nonsuited upon the trial. § 3014. Judgment upon verdict, etc. Where a verdict, or the decision of the justice upon a trial without a jury, is rendered in favor of either party, the justice must render judgment against the adverse party in conformity thereto, with costs, except as is otherwise specially prescribed by law. Substituted for 2 R. S. 242, §§ 120 and 121. § 3015. When judgment to be rendered. Where the plaintiff is nonsuited, or discontinues or withdraws the action; or where judgment is confessed, or a verdict is rendered; or where, at the close of the trial, the defendant is in custody; the justice must forthwith render judgment, and enter it in his docket-book. In every other case, he must render judgment, and enter it in his docket-book, within four days after the cause has been finally submitted to him. Id., § 124. § 3016. Remitting part of verdict, etc. Where a verdict, or the decision of the justice upon a trisi without a jury, is rendered in favor of either party for a sum of money, the prevailing party may remit any portion thereof, and take judgment for the residue. Id., § 125. 3017. [Am'd, 1894.] Transcript of judgment; docketing the same. A justice of the peace who renders a judgment, except in an action to recover a chattel, must, upon the application of the party in whose favor the judgment was rendered, and the par ment of the fee therefor, deliver to him a transcript of the judg ment. The county clerk of the county in which the judgmen was rendered must, upon the presentation of the transcript al payment of the fee therefor, if within six years after the render ing thereof, indorse thereupon the date of its receipt, file it in his office and docket the judgment as of the time of the receipt of the transcript in the book kept by him for that purpose, as pr scribed in article third, title first of chapter eleven of this ac. Thenceforth the judgment is deemed a judgment of the county court of that county, and must be enforced accordingly; except that an execution can be issued thereupon only by the counIT clerk, as prescribed in section thirty hundred and forty-three of this act, and that the judgment is not a lien upon, and cann be enforced against, real property, unless it is for twenty-fire dollars or more, exclusive of costs. Co. Proc., part of § 63; L. 1894, ch. 307. § 3018. Id.; when execution may Issue against person. If the action, in which the judgment is rendered, is one of the actions specified in subdivision first or second of section 2895 of this act, or if an order of arrest was granted, and was executed, in a case specified in subdivision third of that section, and, in either case, if the defendant is a male person, the justice must insert, in each transcript given by him, as prescribed the last section, the words, "defendant liable to execution against his person"; and a like note must also be made in the docket of the judgment, made by the county clerk. d.; in action for a chattel. e of the peace, who renders judgment for a chattel, been delivered to the unsuccessful party, or for the eof, in case a return thereof cannot be had, must, value exceeds twenty-five dollars, upon the application ty in whose favor the judgment was rendered, and f the fee therefor, deliver to him a transcript of the stating the particulars thereof. The county clerk of in which the judgment was rendered, must, upon the n of the transcript, and payment of the fees therefor, reupon the date of its receipt, file it in his office, and judgment, as of the time of the receipt of the transe book kept by him for that purpose, as prescribed hird of title first of chapter eleventh of this act, and enter in the docket the particulars of the judgment, the transcript of the justice. Thenceforth the judgmed a judgment of the county court of that county, e enforced accordingly; except that an execution can hereupon only by the county clerk, as prescribed in 3 of this act. dgment against joint debtors. action is brought against two or more persons, jointly on contract, and the summons is served upon one or ot upon all of them, if the plaintiff recovers judgment, entered against all, in the mode prescribed in section act. Sections 1933, 1934, and 1935 of this act apply judgment, and to each execution issued thereupon; where the justice or the county clerk issues the exeust make the indorsement prescribed in section 1934 or 2 R. S.. §§ 122 and 123. ocketing the same; action thereupon. e who gives a transcript of a judgment, taken as pree last section, must distinctly designate, in the transdefendant who was not summoned. Thereupon the ockets the judgment, must make in the docket, under ne name of each defendant not summoned, an entry, in section 1936 of this act; and the provisions of apply to the judgment so docketed. An action, upon so docketed, can be maintained in a justice's court lefendants summoned, only in a like case, and with s if they were the only defendants in the original ction may be maintained against the defendants not s prescribed in section 1937 of this act, in any court iction thereof; and the plaintiff is entitled to costs, ng final judgment therein, where the sum remaining nty-five dollars or more. keting judgment in another county. with whom a transcript given by a justice is filed, in either of the foregoing sections of this title, must ny person applying therefor, and paying the fees aw, one or more transcripts of the docket of the ested by his signature. A county clerk, to whom ript is presented, must, upon payment of the fees ediately file it, and docket the judgment in the ocket-book kept in his office, in like manner as the judgment was docketed by the first county clerk. The judgment, when docketed as prescribed in this section, has the like effect. with respect to the enforcement thereof, or any proceedings there under, or by virtue thereof, in the county where it was so docketed, as if it was rendered by a justice of the peace of that county, and docketed upon filing his transcript; except that where an application for leave to issue an execution is necessary, it must be made to the county court of the county where the judgment was rendered. Co. Proc., 63, and R. S., part of § 284. § 3023. Justice may give transcript, after expiration his term. A justice of the peace, whose term of office has expired, m make a transcript of a judgment rendered by him, as prescribed in either of the foregoing sections of this title. 866 |