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.

§ 3122. Id.; for fourth and fifth districts.— There is 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 interpreter 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 Brooklyn 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 attend 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 perquisites, as it deems proper.

L. 1850, ch. 102, 17; and L. 1855, ch. 514, 23.

§ 3126. When plaintiff may serve complaint with

summons; proceedings thereupon. In an action 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 judgment 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, 4 and 5.

§ 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., 26.

§ 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

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. 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.

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.

But this section does not apply to a case, where the defendant is entitled to the costs specified in the last section.

Id., part of 3.

3131. Costs in action by working woman. — In an action brought in a justice's court of the city of Brooklyn, to recover a sum of money, for wages earned by a female employee, other than a domestic servant; or for material furnished by such an employee, 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 employee 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.

L. 1871, ch. 936, 1.

Where an appli

§ 3132. Costs upon adjournment. cation 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.

L. 1871, ch. 492, part of 3.

§ 3133. Application of other provisions. Holding court open. 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 L. 1849, ch. 125, 28 35 and 36; L. 1850, ca. 102, 18; L. 1871, ch 492, 18; L. 1873, ch. 863, part of 16.

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 buy claim, etc.

3138. Penalty

3139. Violation of preceding sections a defence to action.

3110, 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 clty clerk.

3145. Certificate in docket-book deposited.

3146. Town or city clerk to demand books, etc., upon death, etc., of

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.

3151. Id.; when justice is a witness.

3152. Proceedings upon transfer.

3153. Penalty for not paying over money.

3154. Action on judgment of justice.

3153. 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.

S3134. 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 applicable, 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.

New.

§ 3135. General requisites of mandates.- A mandate, issued by a justice of the peace, must be signed