of that city an account, verified by his oath, of all costs, fees, fines, penalties, and other money, collected or received by him, by virtue of his office, during the preceding month; except for damages awarded, or costs actually paid to a party to a civil action, or special proceeding; costs, actually paid to another officer, in such an action or special proceeding; and such fees, as the justice is entitled to retain to his own use, as prescribed in this section. The justice must pay to the comp troller, at the time of so rendering his account, the full amount of the money so accounted for. Each of those justices is entitled, in lieu of all fees and perquisites, other than the fees which he is so entitled to retain, to an annual salary, fixed and to be paid as prescribed by law.

See L. 1849, ch. 125, 28 32 and 36, amended; L. 1850, ch. 102, 15, 18; also, L. 1869, ch. 276, 1; L. 1871, ch. 492, 9; L. 1873, ch. 780, 1.

§ 3119. Clerk; how appointed; salary; bond.—Each justice of the peace of the city of Brooklyn has a clerk, who is nominated by the justice, and appointed by him, subject to confirmation by the common council of that city; and may be removed by the justice at his pleas ure. Each clerk is entitled, in lieu of all fees and perquisites, to an annual salary, fixed and to be paid as prescribed by law. Each clerk, before entering upon the duties of his office, must execute to the city of Brooklyn, and file in the city clerk's office, a bond, in the penalty of two thousand dollars, with at least two sureties, approved by a justice of the supreme court, residing in the second judicial district; conditioned for the faithful performance of his duties as clerk, and for the account. ing for, and paying over, as directed by law, of all money received by him as clerk. Any paper, which, elsewhere, must or may be filed with a justice of the peace, must or may, in the city of Brooklyn, be filed with the clerk of the proper justice.

See L. 1862, ch. 337, 21 and 2; L. 1869, ch. 276, and L. 1871, ch. 492, 89.

§ 3120. Duties of clerk.- Each clerk of a justice of the peace of the city of Brooklyn must, under the direc tion of the justice, perform the following duties:

1. He must keep the docket-book, required to be kept by a justice of the peace, as prescribed in sections 3140, 8141, and 3142 of this act.

2. He must file, carefully preserve, and deliver to his successor in office, every paper, delivered to him to be filed, as prescribed in the last section.

3. He must certify and furnish, upon request, and payment of the fees prescribed by law therefor, a transcript of any judgment rendered by the justice, or a copy of any record or paper, in his possession as clerk. A transcript or copy so certified, has the same effect, and must be received in evidence in like manner, as if it was certified by the justice, by or before whom the judgment was rendered, or the proceeding was taken.

4. Upon the request of a person entitled thereto, he must issue, in like manner and with like effect as the justice might issue the same, a summons in a civil action brought before the justice; or a subpoena in such an action, or in a civil special proceeding brought be fore the justice; or an execution against property, upon a judgment rendered by the justice.

5. If the justice is absent, upon the return of a mandate in a civil action or special proceeding, or at the time and place to which the trial or hearing is adjourned, and the case is not one, where it is specially prescribed by law, that, if the justice is absent, another justice of the same city must take cognizance thereof, the clerk may, and upon the application of either party, he must, adjourn the cause from time to time, until the justice attends; and thereupon the action or special proceeding does not abate, in consequence of the justice's absence. But the cause shall not be so adjourned, for a longer period than six days, at one time, except with the consent of both parties.

6. He must account for, under oath, and pay to the comptroller of the city of Brooklyn, between the first and the tenth days of each month, all fees, fines, penalties, and other money, collected or received by him as clerk, during the preceding month; except as specified in section 3118 of this act, with respect to the account to be rendered by the justice.

7. He must perform such other duties, not inconsistent with this act, as are required of him by the justice. New; but see L. 1866, ch. 636.

§ 3121. Interpreter for police court, and for first, second and third districts.-There is an interpreter for

the police court of the city of Brooklyn, and the justices' courts of the first, second and third districts of that city, who is appointed, and may be removed at pleasure, by the justices of those courts, or a majority of them. He is entitled to an annual salary, fixed and to be paid as prescribed by law.

L. 1870, ch. 607.

There is

§ 3122. Id.; for fourth and fifth districts. an interpreter for the justices' courts of the fourth and fifth districts of the city of Brooklyn, who is appointed, and may be removed at pleasure, by the justices of the peace of those districts. He is entitled to an annual salary, fixed and to be paid as prescribed by law.

L. 1871, ch. 331.

§ 3123. Id.; for sixth district. There is an inter. preter for the justice's court of the sixth district of the city of Brooklyn, who is appointed by the justice of the peace of that district, subject to confirmation by the common council, and may be removed by that justice at his pleasure. He is entitled to an annual salary, fixed and to be paid as prescribed by law.

L. 1873, ch. 780, 2.

3124. Common council may appoint additional interpreters. The common council of the city of Brook. lyn may, where it deems it necessary, upon the request of a justice, appoint one or more interpreters for justices' courts in that city, in addition to those provided for in the last three sections; fix their salaries; and prescribe the court or courts which they must attend. An officer, so appointed, may be removed by the common council, for cause.

L. 1875, ch. 623.

§ 3125. Common council to designate attendants, etc.-The common council of the city of Brooklyn may designate one or more policemen, or constables, to at tend each of the justices' courts in that city. The common council may, by ordinance or otherwise, fix and define their duties in and about those courts, and may allow them such compensation, in lieu of all fees and per quisites, as it deems proper.

L. 1850, ch. 102, 17; and L. 1855, ch. 514, 3.

§ 3126. When plaintiff may serve complaint with

In an action

summons; proceedings thereupon. brought in a justice's court of the city of Brooklyn, to recover upon or for the breach of a contract, express or implied, the plaintiff may serve upon the defendant with the summons, and in like manner, a copy of a written complaint, verified in like manner as a verified pleading in the supreme court. In that case, unless the defendant, upon the return of the summons; or, if the cause has been adjourned by the clerk, as prescribed in subdivision fifth of section 3120 of this act, at the time to which it was adjourned; files a written answer, verified in like manner, denying one or more material allegations, or, generally, each allegation of the complaint, or setting forth new matter, constituting one or more defences or counterclaims, the justice must render judg ment in favor of the plaintiff, for the sum claimed in the complaint, with costs, without putting the plaintiff to any proof. The provisions of this section apply, where the action is against two or more defendants jointly indebted, and the summons and a copy of the complaint are served upon one or more, but not upon all of them; in which case, judgment may be taken, as prescribed in this section, against all the defendants, in like manner and with like effect, as a judgment taken as prescribed in section 3020 of this act.

L. 1871, ch. 492, 22 4 and 5. Post & 3207, ante p. xlix.

§ 3127. Jury trial; when and how demanded. — In an action in a justice's court of the city of Brooklyn, a trial by jury is waived, unless a party demands it, at the time when an issue of fact is joined, and at the same time deposits, with the clerk, one dollar and fifty cents, for the juror's fees, and also one dollar and twenty-five cents, for the officer's fees for notifying the jurors, and taking charge of the jury. Where a jury trial is so demanded, the trial may be adjourned until a time fixed for the return of the venire.

Id., 86.

§ 3128. Setting aside default, etc. A justice of the peace of the city of Brooklyn may, in his discretion, at any time within twenty days after a judgment has been rendered by him, upon the defendant's default in appearing upon the return of the summons, or at the trial; and upon such reasonable notice to the plaintiff, or his

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attorney, as the justice thinks proper, make an order, opening the default; allowing the defendant to appear and defend the action; and setting aside the judgment, or staying proceedings thereon. The justice may, in his discretion, impose, as a condition of making such an order, the payment by the defendant to the plaintiff of a fixed sum, not exceeding ten dollars, as costs. may also require the defendant to give an undertaking to the plaintiff, in a sum fixed by the justice, with one or more sureties, to the effect that the defendant will pay the amount of any judgment, that may be rendered against him in the action. The justice may also direct that the judgment, and a levy, if any, made by virtue of an execution issued thereupon, stand as security for any judgment, which the plaintiff may ultimately recover before him.

Id., 27.

§ 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 prevailing party, if he is entitled to costs in the action, recovers the following sums as costs, in addition to the costs allowed by title ninth of this chapter:

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

2. Where a trial is had, twelve dollars.

Id., 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 one or more chattels, the value of which, as stated in the complaint, together with the damages claimed, if any, is one hundred dollars 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.