5. Each adjournment; stating upon whose application, and to what time and place, it was made.

6. The issuing of a venire; stating upon whose application it was issued, and the time and place of the return thereof.

7. The time when a trial was had; and, if it was by a jury, the names of all the persons returned as having been notified to attend as jurors; stating who did not attend; who attended; and who were sworn.

8. The name of each witness sworn upon the trial; stating at whose request he was sworn; each objection made to the competency of a witness; and the decision thereupon.

9. The verdict of the jury, and the time of receiving it; or, if the jury disagreed and were discharged, a statement of that fact.

10. A concise statement of the substance of each order, made by him in the course of the action or special proceeding.

11. The judgment or final order; and the time of entering it 12. The execution; the time of issuing it; the kind of execution: the name of the officer to whom it was delivered; and eac renewal, with the date thereof.

13. The return of each execution; the time of the return; and a statement of any money paid to the justice thereupon, and when and by whom it was paid.

14. Each transcript of the judgment, given by him to be filed in the county clerk's office, and the time when it was given. 15. The appeal, if any; and the time of service of the notice of appeal.

2 R. S. 267, § 243.

§ 3141. The same.

Each of the entries, specified in the last section, must b made under the title of the action or special proceeding to which it relates; and, in addition thereto, the justice may enter i like manner any other proceeding, had before him in the action or special proceeding, which he thinks proper to enter. A docke book, kept by a justice, must be kept open, during the hours when a sheriff's office is required by law to be kept open, for search and examination by any person, upon his reasonab request and to a reasonable extent.

Id., § 244.

§ 3142. Index to docket-book.

A justice of the peace must keep an alphabetical index to i the judgments, entered by him in his docket-book; and he m insert therein the names of all the parties to each judgment and the page of the book, where the judgment is entered. Id., § 251.

§ 3143. Papers to be filed.

A justice of the peace must carefully file and preserve eac affidavit or other paper, delivered to him to be filed in an acti or special proceeding.

Id., § 250.

§ 3144. Deposit of books and papers with town or el clerk.

If a justice of the peace, either before or after the expirati of his term of office, removes from the town or city wherein

cted, he must forthwith deposit, with the clerk of that city, his docket-book, and all other books and papers, in ody, relating to an action or a special proceeding, which n heard by him, or commenced before him. A justice removed from office, must make a like deposit, within s after receiving notice of his removal, or afterwards, e demand of the clerk of the town or city. But the of the justice to make the deposit, does not affect the of any book or paper, so required to be deposited, or of ceeding to which it relates.

267, §§ 252 and 253.

Certificate in docket-book deposited.

ice of the peace must make, in each docket-book deposim, as prescribed in the last section, a certificate under 1, to the effect that each judgment or order, entered was duly rendered or made, as therein stated; and that appearing by the book to be due thereupon, has not 1, to his knowledge.

4.

Town or city clerk to demand books, etc., upon tc., of justice.

stice of the peace dies, or his office becomes otherwise he town or city. clerk must demand and receive all d papers, which belonged to the justice in his official from any person having them in his possession.

Delivery; how compelled.

book or paper, required to be deposited with the town erk, as prescribed in this title, is withheld, the like s may be had, at the instance of the town or city compel the deposit thereof, as are prescribed by law, officer refuses or neglects to deliver a book or paper ody as such officer, to his successor in office.

Entries to be evidence.

y made, as prescribed by law, in the docket-book, kept ce of the peace, and deposited with the town or city prescribed in this title, is presumptive evidence of the f fact stated therein; but the presumption may be proof.

ustice to furnish copies of papers.

e of the peace must furnish, upon request and pays fees, to any person interested in a judgment or order him, a transcript of the judgment or order, together y of all the entries in his docket-book, relating to the py of his minutes of the evidence in the cause, or the of the testimony, if he has not taken minutes; and a paper on file in the cause; or such portions thereof ired.

- 141, § 1 (4 Edm. 546).

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

If the term of office of a justice of the peace is about to expire. or he is about to remove from the town or city, before judgment is rendered in an action, or a final order is made in a special proceeding, pending before him, he must previously make a written order, reciting the fact, and directing the action or special proceeding to be continued before another justice of the same town or city, named in the order.

§ 3151. Id.; when justice is a witness.

If, before an issue of fact is joined in an action or special proceeding, the defendant, or, where he has not been arrested. his attorney, presents to the justice satisfactory proof, by af davit, that the justice, before whom the action or special pro ceeding is pending, is a material witness for the defendant without whose testimony he cannot safely proceed to trial setting forth therein the particular facts and circumstances which he expects to prove by him; the justice must forthwith make a written order, directing the action or special proceeding to be continued before another justice of the same town or city named in the order.

See 2 R. S. 229, § 21 (2 Edm. 245); also, id., § 118, am'd, L. 1838, ch. 24 L. 1875, ch. 334.

§ 3152. Proceedings upon transfer.

Where an order is made, as prescribed in either of the las two sections, the constable must forthwith take it and all other papers in the action, with the body of the defendant, if he under arrest, before the justice named in the order. The plainti or petitioner must forthwith appear before that justice, who must take cognizance of the action or special proceeding, and mus proceed therein as if it had been commenced before him. Costs, recovered in the action or special proceeding, include the fes allowed by law, for services performed by the constable and the justice, before the transfer, together with the fees allowed law, for the proceedings before the justice to whom the cat is transferred.

§ 3153. Penalty for not paying over money.

A justice of the peace, who neglects or refuses, within a resonable time after demand, to pay any money, collected by h in his official capacity, to the person entitled thereto, is guilt of a misdemeanor, and shall be punished accordingly. A c viction also operates as a forfeiture of his office.

Section 259 of R. S.

§ 3154. Action on judgment of justice.

In an action upon a judgment of a justice of the peace, brough in the county wherein it was rendered, within five years afte the rendition thereof, against a defendant upon whom the sun mons was personally served, no costs can be recovered, excet where the justice, who rendered the judgment, is dead, or ot of office, or otherwise incapable of acting; or has removed fr the county or where one of the parties has died: or where the docket of the judgment has been lost or destroyed.

Co. Proc., § 71, last clause.

. Id.; proof of judgment, etc.

action brought upon a judgment of a justice of the vho is dead, or out of office, or otherwise incapable of or has removed from the county; or cannot be found the original docket-book of the justice is presumptive of any matter entered therein, as prescribed by law; but umption may be repelled by proof. If the docket-book r destroyed, or if it cannot be produced, after reasonable obtain it, the like proof may be given, respecting the of the judgment, as upon any other question of fact. 265 and 267, R. S.

Execution of mandate by private person.

ice of the peace, who issues any mandate, authorized chapter, except a venire, may, at the request of the henever he deems it expedient so to do, empower, by authority indorsed upon the mandate, any proper person ge, not a party to the action, to serve or otherwise t. For that purpose the person so empowered has all r and authority, and is subject to all the obligations lities, of a constable; and his return is evidence in like as a constable's. But a person so empowered is not o any fee or reward for his services.

271 and 272, R. S. See § 2885, ante.

Constable to execute mandates in person.

table, to whom a mandate is directed and delivered as in this chapter, must execute it in person, pursuant or thereof. He cannot act by deputy in such a case.

73, R. S. See § 2885, ante.

Sheriff to act where execution of mandate is re

stable, to whom a mandate, issued by a justice of the lirected and delivered, finds, or has reason to apprehend, stance will be made to the execution thereof, he may to the sheriff of the county, with a written certificate, e facts, and requiring the sheriff to execute it. Theresheriff must execute the mandate: and he is subject liabilities attaching to a constable in executing it. 04, 105, and 106 of this act apply to a mandate delivsheriff, as prescribed in this section.

4-106, ante.

905

CHAPTER XX.

Provisions Relating to Certain Courts in Cities, and the Proceedings Therein.

TITLE I. The City Court of the City of New-York.

TITLE II.-The Mayor's Court of the City of Hudson, and the Recorder Courts of the Cities of Utica and Oswego.

TITLE III.-The City Court of Yonkers.

TITLE IV. The District Courts of the City of New-York, and the Justices Courts of the Cities of Albany and Troy.

TITLE V. - The Municipal Court of the City of Rochester.

TITLE I.

The city court of the city of New-York.

Article 1. Provisions generally applicable to proceedings in the court. 2. Provisions exclusively applicable to the proceedings, other t appeals, in an ordinary action.

3. Provisions exclusively applicable to the proceedings, other ta appeals, in certain marine causes.

4. Appeals to and from the general term of the court.

ARTICLE FIRST.

Provisions generally applicable to proceedings in the court. Sec. 3159. Provisions, applying generally to courts of record, subject to ce tain qualifications.

3160. Certain sections inapplicable to the court.

3161. Time for service of notices.

3162. Service of notice of trial; filing of note of issue.
3163. When court may relieve from imprisonment.
3164. Money; how paid into the court.

§ 3159. Provisions, applying generally to record, subject to certain qualifications.

courts of

Each of the foregoing provisions of this act, which is made. chapter twenty-second of this act, applicable to the marine cou of the city of New-York, or generally to courts of record, is sub ject to the qualifications and exceptions expressed or plainly in plied in this title.

L. 1872, ch. 629, § 2.

§ 3160. [Am'd, 1896.] Certain sections inapplicable to

the court.

Sections 438 and 603, sections 611 to 619, both inclusive, and sections 636, 827 and 1015 of this act do not apply to action or a special proceeding brought in the marine court of the city of New-York, or before a justice thereof, or to any proceed ing therein. Sections 3268 and 3269 of this act do not apply an action in the court, prosecuted as prescribed in article third this title: or where an undertaking has been given as prescribed i section 3165 of this act. A plaintiff, in an action brought in the court, who has an office for the regular transaction of business in person, within the city of New-York, is deemed a resident of tha city, within the meaning of sections 3268 and 3269 of this act. L. 1896, ch. 954. In effect May 28, 1896.