S3122. There is an interpreter for the justices' courts -f the fourth and fifth districts of the city of Brooklyn, who is appointed, and may be removed at pleasure, by the ustices of the peace of those districts. He is entitled to n annual salary, fixed and to be paid as prescribed by law. § 3123. There is an interpreter for the justice's court of he sixth district of the city of Brooklyn, who is appointed y the justice of the peace of that district, subject to conirmation by the common council, and may be removed by hat justice at his pleasure. He is entitled to an annual alary, fixed and to be paid as prescribed by law.

§ 3124. The common council of the city of Brooklyn nay, where it deems it necessary, upon the request of a ustice, appoint one or more interpreters for justices' courts n that city, in addition to those provided for in the last hree 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.

§ 3125. 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 Heems proper.

§ 3126. In an action brought in a justice's court of the $$ 1346, 1348, city of Brooklyn, to recover upon or for the breach of a Consol. Act. 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 three thousand one hundred and twenty 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 allega tion 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 three thousand and twenty of this act.

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§3127. In an action in a justice's court of the city of Brooklyn, a trial by jury is waived, unless a party de

mands 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 jurors' 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.

§ 3128. 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 judg ment, 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.

§ 3129. 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.

§ 3130. 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 of 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 de fendant is entitled to the costs specified in the last section

sol. Act.

§ 3131. [Am'd 1890.] In an action brought in a justice's § 1424, Concourt of the city of Brooklyn to recover a sum of money, for wages earned by a female employé other than a domestic servant, or for material furnished by such employé 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 dollars, in ten which case than the plaintiff recovers the sum of five dollars as such additional costs. Where the employé 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. In such action brought in said court, if the plaintiff recover a judgment for a sum not exceeding fifty dollars, exclusive of costs, no property of the defendant shall be exempt from levy and sale, by virtue of an execution against property issued thereupon; and, if such an execution is returned wholly or partly unsatisfied, the clerk must, upon the application of the plaintiff, issue an execution against the person of the defendant for the sum remaining 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 a justice of the peace, the application is subject to the qualification, 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 proceedings before him. Where a provision, thu: 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.

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 a person, or to take him to jail, or to sell property, by virtue of an execution, or to 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.

§ 8137. 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.

§ 3138. 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.

§3139. 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.

§ 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 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 pleading, 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.