State Rep. § 3010. A justice of the peace may enter a judgment 24 N. Y. upon the confession of the defendant, in any case, where the amount confessed does not exceed the sum of five hundred dollars, with such a stay of execution, if any, as is agreed upon by the parties to the judgment. § 3011. A judgment upon confession shall not be rendered, unless the following requisites are complied with : 1. The defendant must personally appear before the justice. 2. The confession must be in writing, signed by the defendant, and filed with the justice. 3. If the judgment is confessed for a sum exceeding fifty dollars, the confession must be accompanied with the affidavit of the defendant and of the plaintiff, stating that the defendant is honestly and justly indebted to the plaintiff in the 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 prescribed 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. State Rep. 295. 32 Hun, 363. § 1392, Consol. Act. 4 Civ. Pro. 220. 1894, Consol. Act. § 1394, Consol. Act. § 3016. Where a verdict, or the decision of the justice upon a trial without a jury, is rendered in favor of either party for a sum of money, the prevailing party may remit any portion thereof, and take judgment for the residue. § 3017. [Am'd 1894.] A justice of the peace who renders a judgment, except in an action to recover a chattel, must, upon the application of the party in whose favor the judgment was rendered, and the payment of the fee therefor, deliver to bim a transcript of the judgment. The county clerk of the county in which the judgment was rendered must,upon the presentation of the transcript and payment of the fee therefor, if within six years after the rendering thereof, indorse thereupon the date of its receipt, file it in his office and docket the judgment as of the time of the receipt of the transcript in the book kept by him for that purpose, as prescribed in article third, title first of chapter eleven of this act. Thenceforth the judgment is deemed a judgment of the county court of that county, and must be enforced accordingly; except that an execution can be issued thereupon only by the county clerk, as prescribed in section thirty hundred and forty-three of this act, and that the judgment is not a lien upon, and can not be enforced against, real property, unless it is for twenty-five dollars or more, exclusive of costs. § 3018. If the action, in which the judgment is rendered, is one of the actions specified in subdivision first or second, of section two thousand eight hundred and ninetyfive of this act, or if an order of arrest was granted, and was executed, in a case specified in subdivision third of that section, and, in either case, if the defendant is a male person, the justice must insert, in each transcript given by him, as prescribed in the last section, the words, defendant liable to execution against his person"; and a like note must also be made in the docket of the judgment, made by the county clerk. 66 § 3019. A justice of the peace, who renders judgment for a chattel, which has been delivered to the unsuccessful party, or for the value thereof, in case a return thereof cannot be had, must, where the value exceeds twenty-five dollars, upon the application of the party in whose favor the judgment was rendered, and payment of the fee therefor, deliver to him a transcript of the judgment, stating the particulars thereof. The county clerk of the county, in which the judgment was rendered, must, upon the presentation of the transcript, and payment of the fees therefor, indorse thereupon the date of its receipt, file it in his office, and docket the judgment, as of the time of the receipt of the transcript, in the book kept by him for that purpose, as prescribed in article third of title first of chapter eleventh of this act, and must also enter in the docket the particu lars of the judgment, as stated in the transcript of the jus tice. Thenceforth the judgment is deemed a judgment of the county court of that county, and must be enforced accordingly; except that an execution can be issued thereupon only by the county clerk, as prescribed in section three thousand and forty-three of this act. § 3020. Where an action is brought against two or $$1383,1895, more persons, jointly indebted upon contract, and the sum- Consol. Act. mons is served upon one or more, but not upon all of them, if the plaintiff recovers judgment, it must be entered against all, in the mode prescribed in section one thousand nine nundred and thirty-two of this act. Sections one thousand nine hundred and thirty-three, one thousand nine hundred and thirty-four, and one thousand nine hundred and thirty five of this act apply to such a judgment, and to each execution issued thereupon; except that, where the justice or the county clerk issues the execution, he must make the indorsement prescribed in section one thousand nine hundred and thirty-four of this act. § 3021. The justice who gives a transcript of a judg- § 1396, Conment, taken as prescribed in the last section, must distinctly sol. Act. designate, in the transcript, each defendant who was not summoned. Thereupon the clerk, who dockets the judgment, must make in the docket, under or opposite the name of each defendant not summoned, an en ry, as prescribed in section one thousand nine hundred and thirty-six of this act; and the provisions of that section apply to the judgment so docketed. An action, upon a judgment so docketed, can be maintained in a justice's court against the defendants summoned, only in a like case, and with like effect, as if they were the only defendants in the original action. An action may be maintained against the defendants not summoned, as prescribed in section one thousand nine hundred and thirty-seven of this act, in any court having jurisdiction thereof; and the plaintiff is entitled to costs, upon recovering final judgment therein, where the sum remaining unpaid is twenty-five dollars or more. § 3022. The clerk, with whom a transcript given by a $187, Conjustice is filed, as prescribed in either of the foregoing weX tions of this title, must furnish to any person applying, therefor, and paying the fees allowed by law, one or more transcripts of the docket of the judgment, attested by his signature. A county clerk, to whom such a transcript in presented, must, upon payment of the fees therefor, immedi ately file it, and docket the judgment in the appropriate docket-book kept in his office, in like manner as the judg ment was docketed by the first county clerk. The judy. ment, when docketed as prescribed in this section, big the like effect, with respect to the enforcement thereof, or any proceedings thereunder, or by virtue thereof, in the coming where it was so docketed, as if it was rendered by a justice of the peace of that county, and docketed upon hing bis transcript; except that where an application for lock yo issue an execution is necessary, it must be moule to the §§ 1399,1403, Consol. Act. county court of the county where the judgment w rendered. § 3023. A justice of the peace, whose term of offe has expired, may make a transcript of a judgment rendered by him, as prescribed in either of the foregoing sections of this title. 3024. At any time within five years after entry of a 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 a 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 or second of sein two thousant ir numoret ant ninety-five of the us ; or if at order of atres was grantet.. and was executed ʼn & cust specified in sundsor tum of that section, the cherution mus as command the COL stable, if bent persona property call in jou satisy the judgment, it wires: the jungmen. temno ant u convey him to the jai tf the count then it rem uti. he pays the judgment or decharge arding it w If the judgment was rendere il a ao u renver a penalty or forfeiture river by a statue of the save the justice mast indore town the execution & rejerens 10 ite statute, as prescribed in ermaDE ORE TIMPSUNt eigi nimered and ninety-seven of this wo, VIL respen 1 & copy of the summons. § 3027. After the return vuole or party unsatisfied. of an execution, issued by & justice of the peace be THT from time to time, with fire year we dhe judgment vas rendered, issue a new execution, or renew the former exe cution. An execution is renevet by & Vrrer mansement thereupon to that effen, signed by the justre, and dated upon the day when it is made part of the CRAPEDJE has been sanded the indorsemen nu i sat the sum re § 3028. The same personal property is exempt from levy and sale, by virtue of an execrati in issued by & justive of the peace, which is exempt from kay 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, 488 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 |