89 Hun 190. mands 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 jurors' 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. § 3128. 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 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 judg ment, 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. He 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. § 3129. 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 ic had, twelve dollars. § 3130. A defendant, who recovers judgment in an ac tion 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. But this section does not apply to a case, where the de fendant is entitled to the costs specified in the last section *See note to & 3215. vol. Act. § 3131. [Am'd 1890.] In an action brought in a justice's § 1494. Con court of the city of Brooklyn* to recover a sum of money,' for wages earned by a female employe other than a domestic servant, or for material furnished by such employé in the course of her employment, or in or about the subjectmatter thereof, or for both, the plaintiff, if entitled to costs, recovers the sum of ten dollars as costs in addition to the costs allowed by title ninth of this chapter, unless the amount of damages recovered is less than ten dollars, in which case the plaintiff recovers the sum of five dollars as such additional costs. Where the employé is the plaintiff in such an action she is entitled, upon a settlement thereof, to the full amount of costs which she would have recovered if judgment had been rendered in her favor for the sum received by her upon the settlement. In such action brought in said court, if the plaintiff recover a judgment for a sum not exceeding fifty dollars, exclusive of costs, no property of the defendant shall be exempt from levy and sale, by virtue of an execution against property issued thereupon; and, if such an execution is returned wholly or partly unsatisfied, the clerk must, upon the application of the plaintiff, issue an execution against the person of the defendant for the sum remaining uncollected. A defendant arrested by virtue of an execution so issued against his person, must be actually confined in the jail and is not entitled to the liberties thereof; but he must be discharged after having been so confined fifteen days. After his discharge an execution against his person cannot be again issued upon the judg ment, 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. 3132. Where an application is made for a second or subsequent adjournment of the trial of an action, brought in a justice's court of the city of Brooklyn, after it has been once adjourned, the justice may, in his discretion, require payment to the adverse party of a sum, not exceeding five dollars, besides disbursements, as a condition of granting the application. 3133. Each justice of the peace of the city of Brooklyn* is a justice of the peace of Kings county; and each provision of this act, relating to the proceedings before a justice of the peace of a town, applies to the proceedings before a justice of the peace of that city, except as otherwise specially prescribed in this title. Each of those justices must hold his court open, from nine o'clock in the morning, until three o'clock in the afternoon See note to § 3215. his office; or any money or valuable thing, other than the fees expressly allowed to im by law, for executing any duty pertaining to his office. pur § 3137. A justice of the peace or constable shall not, directly or indirectly, buy, or be interested in buying, a bond, note, or other demand or cause of action, for the pose 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. In an § 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 provisions of this title. action wherein such a defence is interposed, if the plaintiff, after being duly subpoenaed as a witness, fails to attend, pursuant to the subpona; 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. [Am'd 1899. 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 him. 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 applicatio. it was issued, and the time and place of the return ...reof. 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 enter ing 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, amendment to take effect September 1. 1899.] Such entries shall be made in a book which must le 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. § 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 jus tice 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 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 exami nation 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 docketbook; 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 docket-book, and all other books and papers, in his custody, relating to an action |