§ 3135. A mandate, issued by a justice of the peace, must be signed by him, and may be without seal. It must be entirely filled up, at the time when it is delivered to an officer to be executed, so as to have no blank, either in the date thereof or otherwise; except that there may be a blank in a subpoena for the name of any or all of the witnesses. A mandate, issued and delivered to an officer to be executed, contrary to this section, is void. § 3136. A constable shall not ask or receive any money or other valuable thing from any person, as a consideration, reward, or inducement for omitting or delaying to arrest a person, or to take him to jail, or to sell property, by virtue of an execution, or to execute any other duty, pertaining to his office; or any money or valuable thing, other than the fees expressly allowed to him by law, for executing any duty pertaining to his office. § 3137. A justice of the peace or constable shall not, directly or indi rectly, buy, or be interested in buying, a bond, note, or other demand or cause of action, for the purpose of bringing an action, or instituting a special proceeding before a justice, founded thereupon; nor shall a justice or a constable, either before or after an action or a special proceeding is commenced, lend or advance, or agree to lend or advance, or procure to be lent or advanced, any money or other valuable thing to any person, in consideration of, or as a reward for, or an inducement to, the placing, or having placed in his hands, a debt, or other demand or cause of action, for prosecution or collection. § 3138. A justice of the peace or constable, who violates a provision of the last three sections, is guilty of a misdemeanor; and shall be punished accordingly. A conviction also operates as a forfeiture of his office. § 3139. It is a defence to an action, brought before a justice of the peace, that the demand, upon which it is founded, was bought and sold, or received for prosecution, contrary to the foregoing provi-ions of this title. In an action wherein such a defence is interposed, if the plaintiff, after being duly subpoenaed as a witness, fails to attend, pursuant to the subpœna; or if, upon the trial, or upon his examination as a witness by virtue of a commission, he refuses to answer any question pertinent to show a violation of either of those provisions; the justice, besides punishing him. in a proper case, for his failure or refusal, must dismiss his complaint. The testimony, in such an action, of the plaintiff, or any other witness, is not evidence, in a criminal prosecution against him, for violating either of those provisions. 3140. A justice of the peace must keep a docket-book, in which he must enter: 1. The title of every action or special proceeding commenced before him. 2. The time when the summons, or the mandate for the commencement of the special proceeding, was issued; with a statement of the nature of the mandate, and a memorandum of each order of arrest, warrant of attachment, or requisition to replevy, granted by im. 3. The time when the parties appeared before him, either without process, or upon the return of the summons, or of the mandate for the commencement of the special proceeding. 4. A concise statement of the substance of each oral pleading, or a memorandum of the filing of each written pleading. 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 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. § 3141. 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 proceeding, had before him in the action or special proceeding, which he thinks proper to enter. A docket-book, kept by 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. § 3142. 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. § 3143. 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. 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 docketbook, 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 jus tice 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. $3145. 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. § 3146. 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. § 3147. 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. §3148. 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 clerk, as prescribed in this title, is presumptive evidence of the matters of fact stated therein; but the presumption may be repelled by proof. § 3149. 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. § 3150. 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 ren dered 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. 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. § 3152. 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. 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 bis office. § 3154. 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. § 3155. 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 docketbook 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. g3156. 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. 3157. A constable, to whom a mandate is directed and de'wered as prescribed in this chapter, must execute it in person, pursuant to the tenor thereof. He cannot act by deputy in such a case. § 3158. 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 execut the mandate; and he is subject to all the liabilities attaching to a constable in executing it. Sections one hundred and four, one hundred and five, and one hundred and six of this act apply to a mandate delivered to a sheriff, as prescribed in this section. CHAPTER XX. PROVISIONS RELATING TO CERTAIN COURTS IN CITIES, TITLE I. THE MARINE COURT OF THE CITY OF NEW YORK. TITLE III. THE CITY COURT OF Yonkers. TITLE VI. 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 marine 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 to and from the general term of the court. ARTICLE FIRST. PROVISIONS GENERALLY APPLICABLE TO PROCEEDINGS IN THE COURT. § 3159. Provisions, applying generally to courts of record, subject to 3160. Certain sections inapplicable to 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. Each of the foregoing provisions of this act, which is made, by chapter twenty-second of this act, applicable to the marine 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. 3160. 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 twentyseven, one thousand and thirteen, and one thousand and fifteen of this act do not apply to an action or a special proceeding brought in the marine court of the city of New York, or before justice thereof, or to any proceeding therein. Sections three thousand two hundred and sixty-eight and three thousand 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 three thousand one hundred and sixty-five 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 that city, within the meaning of sections three thousand two hundred and sixtyeight and three thousand two hundred and sixty-nine of this-act. 3161. The time for personal service of certain notices, in an action brought in the court, is as follows: 1. Notice of justification of the sureties, in an undertaking given by the plaintiff, as security for the defendant's costs, not more than two days. 2. Notice of an application for judgment in a case specified in section five hundred and thirty-seven of this act; notice of a motion to strike out a pleading, in a case specified in section five hundred and thirty-eight of this act; notice of an application for judgment upon the defendant's default, or of the execution of a reference, or writ of inquiry, or of an assessment thereupon, as prescribed in section one thousand two hundred and nineteen of this act; not less than two days. 3. Notice of the justification of bail, not less than two, nor more than ten days. 4. Notice of a motion, other than a motion specified in subdivision second of this section, not less than four days; but the court or a justice thereof may, upon an affidavit showing grounds therefor, prescribe a shorter time, by an order to show cause. 5. Notice of trial of an issue of fact, or of an issue of law; notice of the |