TITLE XII.

Miscellaneous provisions.

Sec. 3134. Mode of application of certain provisions of this act.

3135. General requisites of mandates.

3136. Reward to constable forbidden.

3137. Justice or constable not to claim, etc.

3138. Penalty.

3139. Violation of preceding sections a defence of action.

3140, 3141. Docket-book to be kept by justice, entries therein.

3142. Index to docket-book.

3143. Papers to be filed.

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

3145. Certificate in docket-book deposited.

8146. Town or city clerk to demand books, etc., upon death, etc., 04

justice.

3147. Delivery; how compelled.

3148. Entries to be evidence.

3149. Justice to furnish copies of papers.

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

3151. Id.; when justice is a witness.

3152. Proceedings upon transfer.

3153. Penalty for not paying over money.

3154. Action on judgment of justice.

3155. Id.; proof of judgment, etc.

3156. Execution of mandate by private person.

3157. Constable to execute mandates in person.

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

§ 3134. Mode of application of certain provisions of this act.

Where a provision of this act, not contained in this chapter. is made applicable to proceedings before a justice of the peace, the application is subject to the qualification, that it does not include any thing, which is repugnant to any special provision of law, regulating the jurisdiction or powers of a justice of the peace, or the proceedings before him. Where a provision, thus made ap plicable, relates to the filing of a paper in a court, or with a clerk, the paper must, in an action or special proceeding before a justice of the peace, be filed with the justice, unless he has a clerk appointed pursuant to law; and where it confers a power upon a court or a judge, the provision, making it applicable to proceedings taken under this chapter, is to be construed, as conferring a like power upon the justice, before whom the action or special proceeding is brought.

§ 3135. General requisites of mandates.

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.

2 R. S. 267, §§ 232 and 233 (2 Edm. 275).

§ 3136. Reward to constable forbidden.

A constable shall not ask or receive any money or other aluable thing from any person, as a consideration, reward, or inducement for omitting or delaying to arrest a person, or to the him to jail, or to sell property, by virtue of an execution, or

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.

2 R. S. 267, § 234.

§ 3137. Justice or constable not to buy claim, etc.

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 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.

Id., § 235.

§ 3138. Penalty.

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.

Id., § 236.

§ 3139. Violation of preceding sections a defence to action.

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. 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 subpoena; 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.

Id.. § 237-242.

8140. [Am'd, 1899.] Docket-book to be kept by justice; entries therein.

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 pleadin 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.

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 be resides and to be designated as "justices' civil docket" and to be the property of, and a charge against, such town.

2 R. B. 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 proceeding. had before him in the action or special proceeding, which he thinks proper to enter. A docketbook, 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 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 depos ited 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 clerk, 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. S. 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.