fied therein; if for neglecting or refusing to produce a book or paper, the same must be described with convenient certainty. The recusant witness must be closely confined, by virtue of the warrant, until he submits to be sworn or affirmed, or to answer, or to produce the book or paper required, as the case may be; or is otherwise discharged according to law. From Id., § 280. § 3003. Adjournment thereupon. The justice must thereupon, from time to time, at the request of the party in whose behalf the witness attended, adjourn the trial, until the witness testifies, or produces the book or paper required, or dies, or becomes a lunatic, or is discharged according to law. From Id., § 281. § 3004. Ex parte affidavit; when evidence. An ex parte affidavit shall not be received in evidence upon a trial, without the consent of both parties, except in a case where it is specially allowed by law. From Id., § 105 (2 Edm. 260). § 3005. Competency of witness; how determined. An objection to the competency of a witness must be tried and determined by the justice. Where the ground of the objection depends upon a matter of fact, evidence may be given thereupon, as upon any other question of fact; except that, if the witness is examined thereupon by the party objecting, no other testimony shall be received from either party as to his competency. From Id., 107. § 3006. Constable to keep jury; his oath. After hearing the allegations and proofs, the jury must be kept together in a private and convenient place under the charge of a constable, until they all agree upon their verdict; and, for that purpose, the justice shall administer to the constable the following oath: You swear in the presence of Almighty God, that you will, to the utmost of your ability, keep the persons sworn as jurors upon this trial together, in a private and convenient place, without any meat or drink, except such as shall be ordered by me; that you will not suffer any communication to be made to them, orally or otherwise; that you will not communicate with them yourself, orally or otherwise, unless by my order, or to ask them whether they have agreed upon their verdict, until they are discharged; and that you will not, before they render their verdict, communicate to any person the state of their deliberations, or the verdict they have agreed upon." From Id., 109. § 3007. Rendition of verdict; plaintiff need not be called. When the jurors have agreed upon their verdict, they must publicly deliver it to the justice, who must enter it in his docket-book. It is not necessary to call the plaintiff before receiving the verdict; and the plaintiff cannot submit to a nonsuit or withdraw the action, after the cause has been committed to the jury. From Id., § 110. § 3008. Jury, when to be discharged; new venire. Where the justice is satisfied that the jurors cannot agree upon a verdict, after having been out a reasonable time, he may discharge them, and issue a new venire, returnable within forty-eight hours; unless the parties consent, and their consent is entered in the justice's docketbook, that the justice may render judgment upon the evidence already before him; which he may do, in that case. From Id., § 111. § 3009. Fine to be imposed on defaulting juror. A person duly notified to attend as a juror, who fails to attend, or attending, refuses to serve, without a reasonable excuse, proved by his oath, or the oath of another person, is liable to the same fine, to be imposed and collected, with costs, in like manner, and applied to the same use, as is prescribed in article second of title fourth of this chapter, with respect to a person subpoenaed as a witness, and not attending, or attending and refusing to testify. From Id., § 112, as remodeled by ch. 146 of 1873 (9 Edm. 580). TITLE VI. Judgment; and docketing the same. SEC. 3010. Judgment by confession. 3011. Id.; mode of confessing judgment. 3012. Id.; when void. 3013. Judgment of nonsuit. 3014. Judgment upon verdict, etc. 3015. When judgment to be rendered. 3016. Remitting part of verdict, etc. 3017. Transcript of judgment; docketing the same. 3018. Id.; when execution may issue against person. 3019. Id.; in action for a chattel. 3020. Judgment against joint debtors. 3021. Docketing the same; action thereupon. 3022. Docketing judgment in another county. 3023. Justice may give transcript, after expiration of his term. § 3010. Judgment by confession. A justice of the peace may enter a judgment 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. From 2 R. S. 245, Part 3, ch. 2, tit. 4, § 113 (2 Edm. 262), as modified by Co. Proc. 53, sub. 8. See § 3224. § 3011. Id.; mode of confessing judgment. 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. From Id., § 114 § 3012. Id.; when void. 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. From Id., § 115. § 3013. Judgment of nonsuit. Judgment of nonsuit, with costs, must be rendered 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 re turnable, or within one hour after the time to which the trial has been adjourned. 3. If he is nonsuited upon the trial. From Id., § 119. See 1382, Consol. Act. § 3014. Judgment upon verdict, etc. 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. From Id., §§ 120 and 121. § 3015. When judgment to be rendered. 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 docketbook, within four days after the cause has been finally submitted to him. From Id., § 124. § 3016. Remitting part of verdict, etc. 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. From Id., § 125. § 3017. Transcript of judgment; docketing the same. 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 him 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 cannot be enforced against, real property, unless it is for twenty-five dollars or more, exclusive of costs. From Co. Proc. § 63, first two and last sentences. Am'd by ch. 307 of 1894. See 1392, Consol. Act. § 3018. Id.; when execution may issue against person. If the action, in which the judgment is rendered, is one of the actions specified in subdivision first or second, of section 2895 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. See § 1394, Consol. Act. § 3019. ld.; in action for a chattel. A justice of the peace, who rendered 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 particulars of the judgment, as stated in the transcript of the justice. 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 3043 of this act. See 1394, Consol. Act. § 3020. Judgment against joint debtors. Where an action is brought against two or more persons, jointly indebted upon contract, and the summons 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 1932 of this act. Sections 1933, 1934, and 1935 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 endorsement prescribed in section 1934 of this act. From 2 R. S. 242, §§ 122, 123. See 1383, 1395, Consol. Act. § 3021. Docketing the same; action thereupon. The justice who gives a transcript of a judgment, taken as prescribed in the last section, must distinctly 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 entry, as prescribed in section 1936 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 1937 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. See 1396, Consol. Act. § 3022. Docketing judgment in another county. The clerk, with whom a transcript given by a justice is filed, as prescribed in either of the foregoing sections 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 is presented, must, upon payment of the fees therefor, immediately file it, and docket |