§ 3131. [Am'd 1890.] In an action brought in a justice's § 1424, Conourt of the city of Brooklyn to recover a sum of money, sol. Act. or wages earned by a female employé other than a domesc servant, or for material furnished by such employé in he course of her employment, or in or about the subjecthatter thereof, or for both, the plaintiff, if entitled to costs, . ecovers the sum of ten dollars as costs in addition o the costs allowed by title ninth of this chapter, inless the amount of damages recovered is less han ten dollars, in which case the plaintiff ecovers the sum of five dollars as such additional costs. Where the employé is the plaintiff in such an action she s entitled, upon a settlement thereof, to the full amount of osts which she would have recovered if judgment had been endered in her favor for the sum received by her upon the ettlement. In such action brought in said court, if the laintiff recover a judgment for a sum not exceeding fifty lollars, exclusive of costs, no property of the defendant hall be exempt from levy and sale, by virtue of an execuion against property issued thereupon; and, if such an xecution is returned wholly or partly unsatisfied, the clerk nust, upon the application of the plaintiff, issue an execuion against the person of the defendant for the sum emaining 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 judgment, 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.

83133. 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

§ 3134. Where a provision of this act, not contained in this chapter, is made applicable to proceedings before & justice of the peace, the application is subject to the quali fication, that it does not include anything, which is repug nant to any special provision of law, regulating the jurisdiction or powers of a justice of the peace, or the pro ceedings before him. Where a provision, thu made applicable, relates to the filing of a paper in a court of with a clerk, the paper must, in an action or special proceed ing 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 justice, before whom the action or special proceeding is brought.

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§ 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 & person, or to take him to jail, or to sell property, by virtue of an execution, or to execute any other duty, pertaining t

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 indirectly, buy, or be interested in buying, a Dond, 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 proeeding 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 provision of the last three sections, is guilty of a misdeneanor; and shall be punished accordingly. A conviction lso operates as a forfeiture of his office.

§ 3139. It is a defence to an action, brought before a ustice of the peace, that the demand, upon which it is ounded, was bought and sold, or received for prosecution, contrary to the foregoing provisions of this title. In an ction wherein such a defence is interposed, if the plaintiff, fter 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 efuses to answer any question pertinent to show a violation of either of those provisions; the justice, besides punishing im, in a proper case, for his failure or refusal, must dismiss his complaint. The testimony, in such an action, of he plaintiff, or any other witness, is not evidence, in a criminal prosecution against him, for violating either of hose 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 comnenced before him.

2. The time when the summons, or the mandate for the commencement of the special proceeding, was issued; with statement of the nature of the mandate, and a memoranum of each order of arrest, warrant of attachment, or equisition to replevy, granted by him.

3. The time when the parties appeared before him, either vithout process, or upon the return of the summons, or of he mandate for the commencement of the special prozeeding.

4. A concise statement of the substance of each oral leading, 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 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.

§ 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

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.

§ 3145. A justice of the peace must make, in each 46 Hun, 151. 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 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. If, before an issue of fact is joined in an action 27 Hun, 21. or special proceeding, the defendant, or, where he has not been arrested, his attorney, presents to the justice satisfac