5. When plaintiff may serve complaint with sumproceedings thereupon. action brought in a justice's court of the city of Brooklyn, er upon or for the breach of a contract, express or ime plaintiff may serve upon the defendant with the sumnd in like manner, a copy of a written complaint, verified manner as a verified pleading in the supreme court. In e, unless the defendant, upon the return of the summons; e cause has been adjourned by the clerk, as prescribed in ion fifth of section 3120 of this act, at the time to which djourned; files a written answer, verified in like manner, one or more material allegations, or, generally, each allef the complaint, or setting forth new matter, constituting nore defences or counterclaims, the justice must render t in favor of the plaintiff, for the sum claimed in the comith costs, without putting the plaintiff to any proof. The s of this section apply, where the action is against two or endants jointly indebted, and the summons and a copy omplaint are served upon one or more, but not upon all in which case, judgment may be taken, as prescribed in on, against all the defendants, in like manner and with t, as a judgment taken as prescribed in section 3020 of

ch. 492, §§ 4 and 5. See § 3207, post.

Jury trial; when and how demanded.

ction in a justice's court of the city of Brooklyn, a trial s waived, unless a party demands it, at the time when an fact is joined, and at the same time deposits, with the dollar and fifty cents, for the juror's fees, and also and twenty-five cents, for the officer's fees for notifying s, and taking charge of the jury. Where a jury trial is ded, the trial may be adjourned until a time fixed for of the venire.

Setting aside default, etc.

of the peace of the city of Brooklyn may, in his discrey time within twenty days after a judgment has been y him, upon the defendant's default in appearing upon of the summons, or at the trial; and upon such · notice to the plaintiff, or his attorney, as the justice per, make an order, opening the default; allowing the to appear and defend the action; and setting aside the or staying proceedings thereon. The justice may, in on, impose, as a condition of making such an order, the y the defendant to the plaintiff of a fixed sum, not exa dollars, as costs. He may also require the defendant undertaking to the plaintiff, in a sum fixed by the th one or more sureties, to the effect that the defendy the amount of any judgment, that may be rendered m in the action. The justice may also direct that the and a levy, if any, made by virtue of an execution ispon, stand as security for any judgment, which the y ultimately recover before him.

§ 3129. Additional costs upon recovery of $100.

In an action brought in a justice's court of the city of Brooklyn, where the plaintiff, or a defendant interposing a counterclaim, recovers a judgment for one hundred dollars or more, the prevai ing party, if he is entitled to costs in the action, recovers the for lowing sums as costs, in addition to the costs allowed by titl ninth of this chapter:

1. Where the adverse party fails to appear upon the return v the summons, or at the trial, seven dollars.

2. Where a trial is had, twelve dollars.

L. 1871, ch. 492, § 2.

§ 3130. Id.; when defendant recovers judgment.

A defendant, who recovers judgment in an action in a justice's court of the city of Brooklyn, wherein the complaint demands judgment for one hundred dollars or more, or the recovery of on or more chattels, the value of which, as stated in the complai together with the damages claimed, if any, is one hundred do lars or more, recovers the following sums as costs, in addition to the costs allowed by title ninth of this chapter:

1. If the judgment was rendered without a trial, seven dollars. 2. If the judgment was rendered after a trial, ten dollars. But this section does not apply to a case, where the defenda:* is entitled to the costs specified in the last section.

Id., part of § 3.

§ 3131. Costs in action by working woman.

In an action brought in a justice's court of the city of Brocklyn, to recover a sum of money, for wages earned by a fema employee, other than a domestic servant; or for material furnish. by such employee, in the course of her employment, or in about the subject-matter thereof; or for both; the plaintiff, if titled to costs, recovers the sum of ten dollars as costs, in ade tion to the costs allowed by title ninth of this chapter, unless amount of damages recovered is less than ten dollars; in whi case, the plaintiff recovers the sum of five dollars as such adi tional costs. Where the employee is the plaintiff in such action, she is entitled, upon a settlement thereof, to the f amount of costs, which she would have recovered, if judgmeti had been rendered in her favor, for the sum received by upon the settlement. In such action brought in said court. the plaintiff recover a judgment for a sum not exceeding fr dollars, exclusive of costs, no property of the defendant shall exempt from levy and sale, by virtue of an execution against pri erty issued thereupon; and, if such an execution is returned wh or partly unsatisfied, the clerk must, upon the application of plaintiff, issue an execution against the person of the defendsti for the sum remaining uncollected. A defendant arrested st virtue of an execution so issued against his person, must be s tually confined in the jail and is not entitled to the liberties thereof; but he must be discharged after having been so contr fifteen days. After his discharge an execution against his pe son cannot be again issued upon the judgment, but the judgment creditor may enforce the judgment against property as if the execution, from which the judgment debtor is discharged, had been returned without his being taken.

Costs upon adjournment.

an application is made for a second or subsequent adnt of the trial of an action, brought in a justice's court ty of Brooklyn, after it has been once adjourned, the jus, in his discretion, require payment to the adverse party 1, not exceeding five dollars, besides disbursements, as a of granting the application.

ch. 492, part of § 3.

· Application of other provisions. Holding court

ustice of the peace of the city of Brooklyn is a justice ace of Kings county; and each provision of this act, rethe proceedings before a justice of the peace of a town, o the proceedings before a justice of the peace of that pt as otherwise specially prescribed in this title. Each justices must hold his court open, from nine o'clock in ing, until three o'clock in the afternoon.

849, ch. 125, §§ 35 and 36; L. 1850, ch. 102, § 18; L. 1871, ch. 492, 73, ch. 863, part of § 16.

899

TITLE XII.

Miscellaneous provisions

Sec. 3134. Mode of application of certain provisions of this act. 3135. General requisites of mandates.

3136. Reward to constable forbidden.

3137. Justice or constable not to pay claim, etc.

3138. Penalty.

3139. Violation of preceding sections a defence of action.

3140, 3141. Docket-book to be kept by justice; entries therein.
3142. Index to docket-book.

3143. Papers to be filed.

3144. Deposit of books and papers with town or city clerk.

3145. Certificate in docket-book deposited.

3146. Town or city clerk to demand books, etc., upon death, etc..

justice.

3147. Delivery; how compelled.

3148. Entries to be evidence.

3149. Justice to furnish copies of papers.

3150. Transfer of action when justice's term expires, etc.

3151. Id.; when justice is a witness.

3152. Proceedings upon transfer.

3153. Penalty for not paying over money.

3154. Action on judgment of justice.

3155. Id.; proof of judgment, etc.

3156. Execution of mandate by private person.

3157. Constable to execute mandates in person.

3158. Sheriff to act where execution of mandate is resisted.

§ 3134. Mode of application of certain provisions of this act.

Where a provision of this act, not contained in this chapter is made applicable to proceedings before a justice of the pear the application is subject to the qualification, that it does include any thing, which is repugnant to any special provision law, regulating the jurisdiction or powers of a justice of the peas. or the proceedings before him. Where a provision, thus made plicable, relates to the filing of a paper in a court, or with a cle the paper must, in an action or special proceeding before a justi of the peace, be filed with the justice, unless he has a cle appointed pursuant to law; and where it confers a power up a court or a judge, the provision, making it applicable to p ceedings taken under this chapter, is to be construed, as conf. ring a like power upon the justice, before whom the action special proceeding is brought.

§ 3135. General requisites of mandates.

A mandate, issued by a justice of the peace, must be sigra by him, and may be without seal. It must be entirely filled up the time when it is delivered to an officer to be executed, so as have no blank, either in the date thereof or otherwise; except there may be a blank in a subpoena for the name of any or a the witnesses. A mandate, issued and delivered to an officer t executed, contrary to this section, is void.

2 R. S. 267, §§ 232 and 233 (2 Edm. 275).

§ 3136. Reward to constable forbidden.

A constable shall not ask or receive any money or other v able thing from any person, as a consideration, reward, or ducement for omitting or delaying to arrest a person, or to him to jail, or to sell property, by virtue of an execution,

any other duty, pertaining to his office; or any money or thing, other than the fees expressly allowed to him by executing any duty pertaining to his office.

267, § 234.

. Justice or constable not to pay claim, etc. ice of the peace or constable shall not, directly or indiuy, or be interested in buying, a bond, note, or other decause of action, for the purpose of bringing an action or ng a special proceeding before a justice founded therer shall a justice or a constable, either before or after an a special proceeding is commenced, lend or advance, or lend or advance, or procure to be lent or advanced, any other valuable thing to any person, in consideration of, reward for, or an inducement to, the placing or having his hands, a debt or other demand or cause of action, cution or collection.

5.

Penalty.

ce of the peace or constable who violates a provision of three sections, is guilty of a misdemeanor; and shall ed accordingly. A conviction also operates as a forfeits office.

Violation of preceding

sections a defence to

defence to an action, brought before a justice of the t the demand, upon which it is founded, was bought and eceived for prosecution, contrary to the foregoing prothis title. In an action wherein such a defence is interhe plaintiff, after being duly subpoenaed as a witness, tend, pursuant to the subpoena; or if, upon the trial, or xamination as a witness by virtue of a commission, he answer any question pertinent to show a violation of hose provisions; the justice, besides punishing him, in a e, for his failure or refusal, must dismiss his complaint. ony, in such an action, of the plaintiff, or any other not evidence, in a criminal prosecution against him, for ither of those provisions.

T-242.

r:

Pocket-book to be kept by justice; entries therein. e of the peace must keep a docket-book, in which he itle of every action or special proceeding commenced me when the summons, or the mandate for the comof the special proceeding, was issued; with a statee nature of the mandate, and a memorandum of each rest, warrant of attachment, or requisition to replevy, him.

ime when the parties appeared before him, either ocess, or upon the return of the summons, or of the or the commencement of the special proceeding. ise statement of the substance of each oral pleading, randum of the filing of each written pleading.