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."

Id., 109. Kellogg v. Wilder, 15 Johns. 455; Rose v. Smith, 4 Cow. 17; Dennison v. Collins, 1 id. 111; Durfee v. Eveland, 8 Barb. 46; Baker v. Simmons, 29 id. 198; Rogers v. Moulthrop, 13 Wend. 274; Hancock v. Salmon, 8 Barb. 564; Moody v. Pomeroy, 4 Den. 115; Whitney v. Crim, 1 Hill, 61; Henlow v. Leonard, 7 Johns. 200; Thayer v. Van Vleet, 5 id. 111; Benson v. Clark, 1 Cow. 258; Neil v. Abel, 24 Wend. 185; Taylor v. Betsford, 13 Johns. 487; Keeler v. Lockwood, Hill and Denio's Supp. 137; Talman v. Woodworth, 2 Johns. 384; Tower v. Hewett, 11 id. 134; Staly v. Barhite, 2 Cai. 221; Douglas v. Blackman, 14 Barb. 381; Day v. Webber, 2 Cai. 134.

§ 3007. Rendition of verdict; plaintiff need not be called. When the jurors have agreed upon their ver dict, 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.

Id., 110. Bander v. Lashe, 5 Lans. 335; Rathbone v. Stanton, 6 Barb. 141; Fisk v. Skut, 21 id. 333; Rogers v. Ackerman, 22 id. 134; Dunckle v. Kocker, 11 id. 387; McDonald v. Edgerton, 5 id. 560; Allen v. Godfrey. 44 N. Y. 433; Houghtaling v. Osborn, 15 Johns. 119; Wylie v. Hyde, 13 id. 249; Felter v. Mulliner, 2 id. 151; Goodenow v. Travis, 3id. 428; Page .. Cady, 1 Cow. 115; Brown v. Smith, 3 Cai.81; Blake v. Milspaugh, 1 Johns. 316; Blackly v. Sheldon, 7 id. 32; Young v. Overacker, id. 191; Hess v. Beekman, 11 id. 457; Burger v. Kortright, 4 id. 414; Haight v. Bagley, 15 Barb. 499; Putnam v. Shelop, 12 Johns. 435.

$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 docket-book, that the justice may render judgment upon the evidence already before him; which he may do, in that case.

Id., 111. Fiero v. Reynolds, 20 Barb. 275.

§ 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 col

lected, 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 subpœnaed as a witness, and not attending, or attending and refusing to testify.

Id., 112, amended; L. 1873, ch. 146 (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 judgnient 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. See post, § 3224.

Id., 113.

3011. Id.; mode of confessing judgment. A judg ment 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.

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.

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 returnable, or within one hour after the time to which the trial has been adjourned.

3. If he is nonsuited upon the trial.

Id., 119.

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.

Substituted for id., 2 120 and 121. Slaman v. Buckley, 20 Barb. 289; Goodrich v. Sullivan, I T. & C. 191; Tift v. Culver, 3 Hill, 180; Stocking v. Driggs, 2 Cai. 96; McNamara v. Eisenleff, 14 Abb. N. S. 25; Hardy v. Seelye, 3 Abb. 103; 1 Hilt. 90; Scranton v. Levy, 4 id. 21; Camp v. Stewart, 2 E. D. S. 89; Dauchy v. Brown, 41 Barb. 555; Sperry v. Major, 1 E. D. S. 361; People ex rel. Delaware Com. Pleas; Rose v. Depue, 1 T & C. 16; Donnelly v. Cornell, 1 C. R. N. S. 288; Nichols v. Atwood, 16 How. 475; Blum v. Hartman, 3 Daly, 47; Humphrey v. Persons, 23 Barb. 313; Wesson v. Chamberlain, 3 N. Y. 331; Skinnion v. Kelly, 18 id. 355; Bromley v. Smith, 2 Hill, 517; Groff v. Griswold, 1 Den. 432; Reno v. Pinder, 20 N. Y. 298.

§ 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 forth with 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.

Id., 124. Keating v. Terrell, 5 Daly, 278; 1 Sheld. 379; Allen v. Godfrey, 44 N. Y. 433; Rice Mead, 22 How. 445; Maxson v. Annas, 1 Den. 204; Prentiss v. Sprague, 1 Hilt. 428; Moon v. Eldred, 3 Hill, 104; Barnes 4. Badger, 41 Barb. 98; Watson v. Davis, 19 Wend. 371; Young v. Rummell, 5 Hill, 60; Wiseman v. Panama R. R. Co., 1 Hilt. 300; Bloomer v. Merrill, 29 How. 259; Sibley v. Howard, 3 Denio, 72; Hall v. Tuttle, 6 Hill, 38; Beattie v. Qua, 15 Barb. 132; Schneider v. Armstrong, 1 Sheld. 379; Stephens ". Santee, 49 N. Y. 35; Walrod v. Shuler, 2 id. 134; Fish v. Emerson, 44 id. 376.

§ 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.

Id., 125. Clark v. Denure, 3 Den. 319,

§ 3017. [Amended, 1894.] 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.

In effect April 17, 1894; Laws 1894, ch. 307.

Code of Proc., part of 63. Thompson v. Jenks, 2 Abb. Pr. N. S. 229; Brush v Lee, 3 id. 204; s. c., 36 N. Y. 49; People ex rel. Lynde, 8 Cow. 133; Jackson v. Rowland, 6 Wend. 666; Jackson v. Jones, 9 Cow. 182; Roth v. Schloss, 6 Barb. 308; Fish v. Emerson, 44 N. Y. 376; Re Shotts, 2 Cow. 506; McGloin v. Lackey, 7 Alb. L. J. 416; Jackson v. Browner. 7 Wend. 388; Hayden v. McDermott, 9 Abb. 14; Lyon v. Manly, 18 How, 267; 10 Abb. 337; 32 Barb. 51; Martin v. Mayor, 12 Abb. 243; 20 How. 86; 11 Abb. 295; Henderson v. Brooks, 3 T. & C. 445; Waitermire . Westover, 14 N. Y. 16; Hard v. Shipman, 6 Barb. 621; Stephens v. Santee, 49 N. Y. 35; Sears v. Burnham, 17 id. 445; Young v. Remer, 4 Barb. 442; Geller v. Hoyt, 7 How. 265.

son.

§ 3018. Id.; when execution may issue against perIf 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 execu tion against his person and a like note must also be made in the docket of the judgment, made by the county clerk.

New.

3019. Id.; in action for a chattel.—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 par ticulars 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 judg ment 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.

New.

§ 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