State Rep. § 3010. A justice of the peace may enter a judgment 24 N. Y. § 3011. A judgment upon confession shall not be ren- 2. The confession must be in writing, signed by the de- 3. If the judgment is confessed for a sum exceeding fifty ollars, the confession must be accompanied with the affiavit of the defendant and of the plaintiff, stating that the efendant is honestly and justly indebted to the plaintiff in he sum specified therein, over and above all just demands which the defendant has against the plaintiff; and that the confession is not made or taken with intent to defraud any creditor. § 3012. A judgment confessed, otherwise than as precribed in the last section, is void, as against every person, except a purchaser in good faith of property, real or personal, thereunder, and the defendant making the confession. 552. sol. Act. § 3013. Judgment of nonsuit, with costs, must be ren- § 1382, Condered against a plaintiff prosecuting an action before a justice of the peace, in either of the following cases: 1. If he discontinues or withdraws the action. 2. If he fails to appear within one hour after the summons is returnable, or within one hour after the time to which the trial has been adjourned. 3. If he is nonsuited upon the trial. § 3014. Where a verdict, or the decision of the justice upon a trial without a jury, is rendered in favor of either party, the justice must render judgment against the adverse party in conformity thereto, with costs, except as is otherwise specially prescribed by law. § 3015. Where the plaintiff is nonsuited, or discontinues or withdraws the action; or where judgment is confessed, or a verdict is rendered; or where, at the close of the trial, the defendant is in custody; the justice must forthwith render judgment, and enter it in his docket-book. In every other case, he must render judgment and enter it in his docket-book, within four days after the cause has been finally submitted to him. 295. 32 Hun, 363. 46 Id. 492. 19 N. Y. State Rep. 295. 32 Hun, 363. § 1392, Consol. Act. 220. § 3016. Where a verdict, or the decision of the justic upon a trial without a jury, is rendered in favor of eithe party for a sum of money, the prevailing party may rem any portion thereof, and take judgment for the residue. 3017. A justice of the peace who renders a judgmer except in an action to recover a chattel, must, upon 4 Civ. Pro. application of the party in whose favor the judgment rendered, and payment of the fee therefor, deliver to a transcript of the judgment. The county clerk of th county, in which the judgment was rendered, must, up the presentation of the transcript, and payment of the fe therefor, indorse thereupon the date of its receipt, file it his office, and docket the judgment, as of the time of th receipt of the transcript, in the book kept by him for th purpose, as prescribed in article third of title first of cha ter eleventh of this act. Thenceforth the judgment deemed a judgment of the county court of that county and must be enforced accordingly; except that an exec tion can be issued thereupon only by the county clerk prescribed in section three thousand and forty-three of th act, and that the judgment is not a lien upon, and can be enforced against, real property, unless it is for twent five dollars or more, exclusive of costs. $1394, Consol. Act. § 1394, Consol. Act. § 3018. If the action, in which the judgment is dered, is one of the actions specified in subdivision first second, of section two thousand eight hundred and nine five of this act, or if an order of arrest was granted, was executed, in a case specified in subdivision third of th section, and, in either case, if the defendant is a male] son, the justice must insert, in each transcript given | him, as prescribed in the last section, the words, “defe: ant liable to execution against his person"; and a like n must also be made in the docket of the judgment, made the county clerk. § 3019. A justice of the peace, who renders judgm for a chattel, which has been delivered to the unsuccess party, or for the value thereof, in case a return thereof ca not be had, must, where the value exceeds twenty-t dollars, upon the application of the party in whose f the judgment was rendered, and payment of the fee the for, deliver to him a transcript of the judgment, stating particulars thereof. The county clerk of the county which the judgment was rendered, must, upon the preser tion of the transcript, and payment of the fees there indorse thereupon the date of its receipt, file it in his of and docket the judgment, as of the time of the receipt the transcript, in the book kept by him for that purpose. prescribed in article third of title first of chapter elever of this act, and must also enter in the docket the partic lars of the judgment, as stated in the transcript of the j tice. Thenceforth the judgment is deemed a judgment the county court of that county, and must be enfor cordingly; except that an execution can be issued thereoon only by the county clerk, as prescribed in section ree thousand and forty-three of this act. Consol. Act. § 3020. Where an action is brought against two or $$ 1383,1895, ore persons, jointly indebted upon contract, and the sumons is served upon one or more, but not upon all of them, the plaintiff recovers judgment, it must be entered ainst all, in the mode prescribed in section one thousand ne hundred and thirty-two of this act. Sections one ousand nine hundred and thirty-three, one thousand nine indred and thirty-four, and one thousand nine hundred d thirty five of this act apply to such a judgment, and to ch execution issued thereupon; except that, where the stice or the county clerk issues the execution, he must ake the indorsement prescribed in section one thousand ne hundred and thirty-four of this act. § 3021. The justice who gives a transcript of a judg- § 1396, Conent, taken as prescribed in the last section, must distinctly sol. Act. signate, in the transcript, each defendant who was not mmoned. Thereupon the clerk, who dockets the judg ent, must make in the docket, under or opposite the name each defendant not summoned, an en ry, as prescribed section one thousand nine hundred and thirty-six of this t; and the provisions of that section apply to the judgent so docketed. An action, upon a judgment so docked, can be maintained in a justice's court against the dendants summoned, only in a like case, and with like Eect, as if they were the only defendants in the original tion. An action may be maintained against the defendts not summoned, as prescribed in section one thousand ne hundred and thirty-seven of this act, in any court _ving jurisdiction thereof; and the plaintiff is entitled to sts, upon recovering final judgment therein, where the m remaining unpaid is twenty-five dollars or more. Bol. Act. $ 3022. The clerk, with whom a transcript given by a $127, Contice is filed, as prescribed in either of the foregoing sec-ns of this title, must furnish to any person applying erefor, and paying the fees allowed by law, one or more anscripts of the docket of the judgment, attested by his nature. A county clerk, to whom such a transcript is sented, must, upon payment of the fees therefor, immedi-ly file it, and docket the judgment in the appropriate cket-book kept in his office, in like manner as the judg ent was docketed by the fret county clerk. The judg ent, when docketer as prescribed in this section, has the the effect, with respect to the enforcement thereof, or ang oceedings thereboden, or by virtue thereof, in the county here it was so cooksted, as if it was rendered by a justice the peace of that to thay, and docketed apo wing his anscript; excect $has where an application for leave to ue as execution is depressary, it must be made to the county court of the county where the judgment was rendered. § 3023. A justice of the peace, whose term of office has expired, may make a transcript of a judgment rendered by him, as prescribed in either of the foregoing sections of this title. $$ 1399,1403, 3024. At any time within five years after entry of a Consol. Act. judgment, the justice of the peace, who rendered it, being in office, may issue an execution thereupon, unless it has been docketed in the county clerk's office. § 3025. An execution, issued by a justice, must be directed generally to any constable of the same county. It must intelligibly describe the judgment, stating the names of the parties in whose favor, and against whom, the time when, and the name of the justice by whom, the judgment was rendered; and it must be made returnable to the justice, within sixty days after its date. 3026. An execution, issued upon a judgment for s sum of money, must specify, in the body thereof, the sum recovered, and the sum actually due upon the judgment at the date of the execution; and, except in a case where special provision is otherwise made by law, it must, substantially, require the constable to satisfy the judgment, together with his fees, out of the personal property of the judgment debtor within the county, not exempt from levy and sale by virtue of an execution; and to bring the money before the justice, by the return day of the execution, to be rendered, by the justice, to the party who recovered the judgment. If the judgment was recovered against a male person, in either of the actions specified in subdivision first >r second of section two thousand eight hundred and ninety-five of this act; or if an order of arrest was granted, and was executed, in a case specified in subdivision third of hat section, the execution must also command the constable, if sufficient personal property cannot be found to satisy the judgment, to arrest the judgment debtor, and to convey him to the jail of the county, there to remain until he pays the judgment, or is discharged according to law. If the judgment was rendered in an action to recover a penalty or forfeiture given by a statute of the State, the justice must indorse upon the execution a reference to the statute, as prescribed in section one thousand eight hundred and ninety-seven of this act, with respect to a copy of the summons. § 3027. After the return, wholly or partly unsatisfied, of an execution, issued by a justice of the peace, he may, from time to time, within five years after the judgment was rendered, issue a new execution, or renew the former execution. An execution is renewed by a written indorsement thereupon to that effect, signed by the justice, and dated upon the day when it is made. If part of the execution has been satisfied, the indorsement must state the sum remaining due. Each indorsement renews the execution for sixty days from the date thereof. A justice whose term of office has expired may thus issue or renew an execution. § 3028. The same personal property is exempt from levy and sale, by virtue of an execution issued by a justice of the peace, which is exempt from levy and sale, by virtue of an execution issued out of the supreme court, and in the like cases, and under the same circumstances, as prescribed in sections one thousand three hundred and eighty-nine, one thousand three hundred and ninety, one thousand three hundred and ninety-one, one thousand three hundred and ninety-two, one thousand three hundred and ninety-three, and one thousand three hundred and ninetyfour of this act, and the other special provisions of law, relating to such an exemption. § 3029. A constable, who takes personal property into 47 Hun, 438 his custody, by virtue of an execution, must indorse upon the execution the time of levying upon it. He must immediately post conspicuously, in at least three public places of the city or town, in which the property was taken, written or printed notices, signed by him, describing the property, and specifying the place, within the same city or town, where, and the time, not less than six days after the posting, when, it will be exposed for sale. § 3030. The provisions of sections one thousand three hundred and eighty-four, one thousand three hundred and eighty-five, one thousand three hundred and eighty-six, one thousand three hundred and eighty-seven, one thousand four hundred and five, one thousand four hundred and |