ARTICLE IV.

GENERAL PROVISIONS.

SECTION 1134. Proceeding in justices' courts in cases not provided for in this ar

ticle.

1135. Justices' dccket, contents.

1136. Entries when to be evidence.

1137. Index to docket required.

1138.

Dockets to be delivered to successor in office.

1139. Successor in office may issue execution.

1140. Who deemed the successor.

1141. When two are equally entitled, supervisor to designate one.
1142. Blank process not allowed.

1143. Every justice to have a weekly return day.

1144. Not to be the same day with another justice of same town.

1145. Another justice may be substituted in case of inability or absence.

1146. Justice may depute a person to serve process.

1147. Authority of special deputy.

1148. Constable's sureties may require new sureties.

1149. Constable may complete execution after expiration of office.

1150. Justice may punish for contempt.

1151. Warrant of arrest for that purpose.

1153. Juror or witness failing to attend may be arrested.

1154. Proceedings against delinquent juror or witness.

1155. Terms used in this chapter defined.

1159.

Witnesses' fees.

Jurors' fees.

1160. Fees on execution from county clerks' office.
1161. Officers receiving too much liable to action.

§ 1134. Justices' courts being courts of peculiar and limited jurisdiction, only those provisions of this code, which are in their nature applicable to the organization, powers and course of proceeding in justices' courts,

and in respect to which no special provision is made in this chapter, are applicable to justices' courts and the proceedings therein.

With a view to promote as far as practicable, a uniform course of proceeding in all courts, it has been deemed best to make the provisions of the code generally applicable to justices' courts as far as the nature of the case and their peculiar jurisdiction and organizations admit. This chapter contains all that is peculiar to the court, and a few rules that are common to all; but these for the most part are contained in other parts of the code.

§ 1135. Every justice must keep a book, denominated a docket, in which must be entered by him,

1. The title of every action in which the summons is returned served, or when the parties voluntarily appear:

2. The date of the summons, and the time of its return; and if an order to arrest the defendant or attach property was made, such fact must also be stated:

3. The time when the parties, or either of them, appeared; a minute of the pleadings; if in writing, referring to them; if not in writing, a concise statement of the material parts of the pleadings:

4. Every adjournment; stating on whose application, whether on oath, evidence, or consent, and to what time:

5. When a trial by jury is demanded, the demand must be stated, and by whom made, the names of the

jury drawn, and the time appointed for the trial and re

turn of the jury:

6. The names of the jury who appear, and of those sworn; the names of all witnesses sworn, and at whose request; the objection, if any, made to testimony, and the decision thereon:

7. The verdict of the jury, and when received; if the jury disagree, and are discharged, that fact must be stated:

8. The judgment of the court; specifying the items of costs included, and the time when rendered:

9. The issuing of execution; when issued, and to whom; the renewals thereof, if any, and when made; the return, and when made; and a statement of any money paid to the justice, and when, and by whom:

10. The giving of a transcript to be filed in the county clerk's office, and when given:

11. The receipt of a notice of appeal, or order to make or amend a return, stating the time of the receipt, and the fees therefor.

§ 1136. The several particulars in the last section specified, must be entered under the title of the action to which they relate, and at the time when they occur. Such entries in a justice's docket, or a transcript thereof, certified by the justice, or his successor

in office, are primary evidence to prove the facts so stated therein.

§ 1137. A justice must keep an alphabetical index to his docket, in which must be entered the names of the parties to each judgment, with a reference to the page of the entry. The names of the plaintiffs must be entered in the index, in the alphabetical order of the first letter of the family names.

§ 1138. It is the duty of every justice, upon the expiration of his term of office, to deposit with his successor his official dockets, as well his own as those of his predecessors, which may be in his custody; there to be kept as public records. If the offiee of a justice become vacant, by his death, or removal from the town, or otherwise, before his successor is elected and qualified, the dockets, in possession of such justice, must be deposited with the supervisor of the town, to be by him delivered to the successor in office of the justice.

§ 1139. Any justice, with whom the docket of his predecessor is deposited, may issue execution on a judgment there entered and unsatisfied, and not docketed in the county clerk's office, in the same manner and with the same effect, as the justice, by whom the judgment was rendered, might have done.

§ 1140. The justice elected to fill a vacancy, or when elected, chosen by lot to fill a vacancy for less than a full term, is deemed the successor of the justice whose of

fice became vacant before the expiration of a full term. When a full term expires, the same or another person elected to take office in the same town, from that time is deemed the successor.

§ 1111. When two or more justices are equally entitled, under the last section, to be deemed the successors in office of a justice, the supervisor of the town must by a certificate subscribed by him, and filed in the office of the town clerk, with a duplicate attached to the last docket, designate which justice is to be deemed the successor of a justice going out of office or whose office has become vacant.

The provisions of the last five sections are new, but it is believed that their propriety will be at once generally concurred in. A justice's docket, containing the records of many hundred judgments, and perhaps proof of their satisfaction, ought surely to be provided by law with a place of deposite, where it may be found.

§ 1142. The summons, execution, and every other paper made or issued by a justice, must be filled up, without a blank left to be filled by another; otherwise it is void.

§ 1143. Every justice now in office and every justice hereafter elected, before entering upon the duties of his office, must, by appointment in writing, filed with the town clerk, assign a day of the week, and a place at which, a summons, issued by a plaintiff himself, may be made returnable before him. It is the duty of the justice to attend at his office, thus designated, on the day