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 verdiet 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 each 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.

16. [Added, 1899.] Such entries shall be made in a book which must be furnished to him by the clerk of the town in which he resides and to be designated as "justices' civil docket" and to be the property of, and a charge against, such town.

2 R. 8. 267, § 243; L. 1899, ch. 221. In effect Sept. 1, 1899.

§ 3141. The same.

Each of the entries, specified in the last section, must be made under the title of the action or special proceeding to which it relates; and, in addition thereto, the justice may enter in like manner any other proceding, had before him in the action or special proceeding, which he thinks proper to enter. A docketbook, kept by 9. 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 reasonable request and to a reasonable extent.

Id., § 244.

§ 3142. Index to docket-book.

A justice of the peace must keep an alphabetical index to all the judgments, entered by him in his docket-book; and he must 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 each affidavit or other paper, delivered to him to be filed in an action or special proceeding.

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

If a justice of the peace, either before or after the expiration of his term of office, removes from the town or city wherein he was elected, he must forthwith deposit, with the clerk of that town or city, his docket-book, and all other books and papers, in his custody, relating to an action or a special proceeding, which has been heard by him, or commenced before him. A justice who is removed from office, must make a like deposit, within ten days after receiving notice of his removal, or afterwards, upon the demand of the clerk of the town or city. But the omission of the justice to make the deposit, does not affect the validity of any book or paper, so required to be deposited, or of any proceeding to which it relates.

2 R. S. 267, §§ 252 and 253.

§ 3145. Certificate in docket-book deposited.

A justice of the peace must make, in each docket-book deposited by him, as prescribed in the last section, a certificate under his hand, to the effect that each judgment or order, entered, therein, was duly rendered or made, as therein stated; and that the sum, appearing by the book to be due thereupon, has not been paid, to his knowledge.

Id., § 254.

§ 3146. [Am'd, 1905.] Town or city clerk to demand books, et cetera, upon death, et cetera, of justice.

If a justice of the peace dies, or his office becomes otherwise vacant, the town or city clerk must demand and receive all books and papers, which belonged to the justice in his official capacity, from any person having them in his possession, and such clerk may make and issue a trans ript of a judgment so rendered by such a justice of the peace and appearing upon the docket of such justice of the peace so on file in his office, upon receiving his fees for the same, which shall be the same now allowed a justice of the peace for issuing a transcript, and such transcript so issued by such clerk shall have the same force and effect as though the same had been issued by such justice of the peace during his term of office.

Id., § 255; L. 1905, ch. 436. In effect Sept. 1, 1905.

§ 3147. Delivery; how compelled.

If any book or paper, required to be deposited with the town or city clerk, as prescribed in this title, is withheld, the like proceedings may be had, at the instance of the town or city clerk, to compel the deposit thereof, as are prescribed by law, where an officer refuses or neglects to deliver a book or paper in his custody as such officer, to his successor in office. Id., § 256.

§ 3148. Entries to be evidence.

An entry made, as prescribed by law, in the docket-book, kept by a justice of the peace, and deposited with the town or city elerk, as prescribed in this title, is presumptive evidence of the matters of fact stated therein; but the presumption may be repelled by proof.

Id., § 257.

§ 3149. Justice to furnish copies of papers.

A justice of the peace must furnish, upon request and payment of his fees, to any person interested in a judgment or order entered by him, a transcript of the judgment or order, together with a copy of all the entries in his docket-book, relating to the cause: a copy of his minutes of the evidence in the cause, or the substance of the testimony, if he has not taken minutes; and a copy of any paper on file in the cause or such portions thereof as are required.

L. 1841, ch. 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 affidavit, that the justice, before whom the action or special proceeding 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. 8. 229, § 21 (2 Edm. 215); also, id., § 118, am'd, L. 1838, ch. 243; L. 1975, ch. 334.

§ 3152. Proceedings upon transfer.

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

§ 3153. Penalty for not paying over money.

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

§ 3154. Action on judgment of justice.

In an action upon a judgment of a justice of the peace, brought in the county wherein it was rendered, within five years after the rendition thereof, against a defendant upon whom the summons was personally served, no costs can be recovered, except where the justice, who rendered the judgment, is dead, or out of office, or otherwise incapable of acting: or has removed from 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.

§ 3155. Id.; proof of judgment, etc.

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

§ 3156. Execution of mandate by private person.

A justice of the peace, who issues any mandate, authorized by this chapter, except a venire, may, at the request of the party, whenever he deems it expedient so to do, empower, by a written authority indorsed upon the mandate, any proper person of full age, not a party to the action, to serve or otherwise execute it. For that purpose the person so empowered has all the power and authority, and is subject to all the obligations and liabilities, of a constable; and his return is evidence in like manner as a constable's. But a person so empowered is not entitled to any fee or reward for his services.

Sections 271 and 272, R. S. See § 2885, ante.

§ 3157. Constable to execute mandates in person.

A constable, to whom a mandate is directed and delivered as prescribed in this chapter, must execute it in person, pursuant to the tenor thereof. He cannot act by deputy in such a case. Section 273, R. S. See § 2885, ante.

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

If a constable, to whom a mandate, issued by a justice of the peace, is directed and delivered, finds, or has reason to apprehend, that resistance will be made to the execution thereof, he may deliver it to the sheriff of the county, with a written certificate, stating the facts, and requiring the sheriff to execute it. Thereupon the sheriff must execute the mandate; and he is subject to all the liabilities attaching to a constable in executing it. Sections 104, 105, and 106 of this act apply to a mandate delivered to a sheriff, as prescribed in this section.

See §§ 104-106, ante.

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 Recorders 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 than appeals, in an ordinary action.

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

4. Appeals.

ARTICLE FIRST.

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

3160. Certain sections not to apply to New York city court; who a nonresident.

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.

3164a. Fees of clerk of New York city court.

§ 3159. [Am'd, 1907.] Provisions, applying generally to courts of record, subject to certain qualifications.

Each of the foregeing provisions of this act which is made, by chapter twenty-second of this act, applicable to the city court of the city of New-York, or generally to courts of record, is subject to the qualifications and exceptions expressed or plainly implied in this title.

L. 1872, ch. 629, § 2; am'd L. 1907, ch. 707. In effect Aug. 12, 1907.

§ 3160. [Am'd, 1896, 1902.] Certain sections not to apply to New York city court; who a non-resident.

Sections four hundred and thirty-eight and six hundred and three, sections six hundred and eleven to six hundred and nineteen, both inclusive, and sections six hundred and thirty-six. eight hundred and twenty-seven and ten hundred and fifteen of this act do not apply to an action or a special proceeding brought in the city court of the city of New York, or before a justice thereof, or to any proceeding therein. Sections thirty-two hundred and sixty-eight and thirty-two hundred and sixty-nine of this act do not apply to an action in the court, prosecuted as prescribed in article third of this title; or where an undertaking has been given as prescribed in section thirty-one hundred and