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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 Hori, 161 docket-book deposited by him, as prescribed in the last section, a certificate under his hand, to the effect that each judyment 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 ihe 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 ihem 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 bad, 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 inatiers 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 à 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

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tory proof by affidavit, that the ju-tice, before whom the action or special proceedling is pending, is a material wil. ness for the defendant, without whose testimony he cannot safely proceed to trial, setting forth therein the particular facts and circum-tmnces, which he expects to prove by him, the justice must forth with 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.

$ 3152. 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 forth with 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. 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 la punished accordingly. A conviction also operates as a forfeiture of his office.

$ 315 4. In an action upon a judgment of a justice of the peace, bronght in the county wherein it was rendered within five years after the rendition thereof, aguinst a di: fendant upon whom the summons was personally serve, no costs can be recovered, except where the justice, who rendered-the judgment, is dead, or out of office, or other wise incapable of acting; or has removed from the counts: or where one of the parties has died; or where the docket of the judgment has been lost or destroyed.

$ 3155. In an action brought upon a judgment of a justice of the peace, who is dead, or out of office, or other. wise incapable of acting; or has removed from the counts; or cannot be found therein ; the original docket-book of the justice is presumptive evidence of any matter entered iherein, as prescribed by law ; but the presumption may be repelled by proof. If the docket-book is lost or destroyed, or if it cannot be produced, after reasonable effort to obtain it, the like proof may be given, respecting the recovery of the judgment, as upon any other question of fact.

$ 3156. A justice of the peace, who issues any mandate, 17 1d. 665. authorized by this chapter, except a venire, may, at the

request of the party, whenever be deems it expedieni so to d'), empower, by a writu n anthority indorsed upon the

11 Misc. 451.

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mandate, any proper person of full age, not a party to the action, to serve, or otherwise execute it. For that pur. pose, the person so empowered has all the power and authority, and is subject to all the obligations and liabilities, of a constable; and his return is evidence in like manner as a constable's. But a person so empowered is not entitled to any fee or reward for his services.

$ 3157. A constable, to whom a mandate is directed and delivered as prescribed in this chapter, must execute it in person, pursuant to the tenor thereof. He cannot act by deputy in such a case.

$ 3158. If a constable, to whom a mandate, issued by a justice of the peace, is directed and delivered, finds, or has reason to apprehend, that resistance will be made to the execution thereof, he may deliver it to the sheriff of the county, with a written certificate, stating the facts, and requiring the sheriff to execute it. Thereupon the sheriff must execute the mandate ; and he is subject to all the liabilities attaching to a constable in executing it. Sections one hundred and four, one hundred and five, and one hun. dred and six of this act apply to a mandate delivered to a sheriff as prescribed in this section.

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CHAPTER XX.

PROVISIONS RELATING TO CERTAIN COURTS

IN CITIES, AND THE PROCEEDINGS THEREIN.
TITLE I.--THE MARINE COURT (NOW CITY COURT) OF

THE CITY OF NEW YORK.
TITLE II.-THE MAYOR'S COURT OF THE CITY OF HUD-

BON, AND THE RECORDERS' COURTS OF

THE CITIES OF UTICA AND OŚWEGO.
TITLE III.--THE CITY COURT OF YONKERS.
TITLE IV.-THE DISTRICT COURTS OF THE CITY OF New

YORK, AND THE JUSTICES' COURTS OF

THE CITIES OF ALBANY AND TROY. TITLE V.-THE MUNICIPAL COURT OF THE CITY OF

RocHESTER.

TITLE L.
The marine court of the city of Nero York.*
ARTICLE 1. Provisions generally applicable to proceedings in the

2. Provisions exclusively applicable to the proceedings, other

than appeals, in an ordinary action.
3. Provisions exclusively applicable to the proceedings, other

than appeal, in certain marine caures.
4. Appeals to and from the general term of the court.

court.

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* L. 1883, Ch. 26, changed name to “ City court of New York."

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ARTICLE FIRST.
PROVISIONS GENERALLY APPLICABLE TO PROCEEDINGS

IN THE COURT.
$ 3159. Provisions, applying $ 3162. Service of notice of trial;
generally to courts of

filing of note of istil, record, subject to cer- 3163. When court may reliere tain qualitications.

from imprisonment. 3160. Certain sections inappli- 3164. Money; how paid into the cable to the court.

court. 8161. Time for service of no

tioes. & 3159.*Each of the foregoing provisions of this act, which is made, by chapter twenty-second of this act, applicable to the marine court of the city of New York, or generally to courts of record, is subject to the qualifications

and exceptions expressed or plainly implied in this title. $ 1262 Con $ 3160. (Amd 1896.] Sections four hundred and thirty 4. civ. Tro. eight and six hundred and three, sections six hundred in 104.

eleven to six hundred and nineteen, both inclusive, and sel2 How. Pr. tious six hundred and thirty-six, eight hundred and twentyN. S. 333.

seven and ten hundred and fifteen of this act do not apply to 24 N. Y. State Rep. an action or n sp cial proceeding bronght in the marine corrt

120. of the city of New York, or before a justice thereof, or to any 12 Misc. 198. proceeding therein. Sections thirty-two hundred and sixty.

eight and thirty-two hundred and sixty-nine of this act, do not apply to an action in the court, prosecuted as prescribed in article third of this title ; or where an undertaking bas been given us prescribed in section thirty-one hundred and sixty-five of this act. A plaintiff, in an action brought in the court, who has an office for the regular transaction of business in person, within the city of New York, is deemed a resident of that city within the nieaning of sections thirty. two hundred and sixty-eight and thirty-two hundred ani sixty-nine of this act.

§ 2. The provisions of section ten hundred and thirteen of the code of civil procedure are hereby made applicable to and binding upon the city court of the city of New York.

1249, ('on. $ 3161. The time for personal service of certain notices, sol. Act

in an action brought in the court, is as follows:

1. Notice of justification of the sureties, in an undertaking given by the plaintiff, as security for the defendant's costs, not inore than two days.

2. Notice of an application for judgment in a case speci. fied in section five hundred and thirty-seven of this act ; notice of a motion to strike out a pleading, in a case specified in section five hundred and thirty-eight of this act ; notice of an application for judgment upon the defendant's default, or of the execution of a reference, or writ of inquiry, or of an assessment thereupon, as prescribed in section one thousand two hundred and nineteen of this act ; not less than two days.

3. Notice of the justification of bail, not less than two, nor more than ten days.

* Ch. L. 1897, known as “ The Greater New York Charter" provides as follows:

$ 1345. The city court shall be continued, and said court and the justices thereof shall have the same powers and jurisdiction as are now conferred upon them by law ; provided, however, that in sections three hundred and thirty eight, thirty-one hundred and sixty-five, thirty-one hundred and sixty nine, thirty-one hundred and seventy and thirty-two hundred and sixty-eight of the Code of Civil Procedure the word "city" shall be construed to mean and apply to the territory within the City of New York, as it existed and was constituted prior to the sixth day of June, eighteen hundred and ninety-five.

$ 1348. The justices of said city court in office, when this act shall take effect, shall continue to hold office until the expiration of their respective terms; but the successors of said justices shall be elected for and hold office for the period of ten years

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