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preceding month; except as specified in section 3118 of this act, with respect to the account to be rendered by the justice.

7. He must perform such other duties, not inconsistent with this act, as are required of him by the justice. Code Civ. Pro., § 3120.

3 N. Y. Supp. 116, 214, 942.

6 Interpreters for police court, and for first, second, and third districts. There is an interpreter for the police court of the city of Brooklyn, and the justices' courts of the first, second, and third districts of that city, who is appointed, and may be removed at pleasure, by the justices of those courts, or a majority of them. He is entitled to an annual salary, fixed and to be paid as prescribed by law. Code Civ. Pro., § 3121.

7 Same, for fourth and fifth districts. There is an interpreter for the justices' courts of the fourth and fifth districts of the city of Brooklyn, who is appointed, and may be removed at pleasure, by the justices of the peace of those districts. He is entitled to an annual salary, fixed and to be paid as prescribed by law. Code Civ. Pro., § 3122.

8 Same, for sixth. There is an interpreter for the justice's court of the sixth district of the city of Brooklyn, who is appointed by the justice of the peace of that district, subject to confirmation by the common council, and may be removed by that justice at his pleasure. He is entitled to an annual salary, fixed and to be paid as prescribed by law. Code Civ. Pro., § 3123.

9 Additional interpreters. The common council of the city of Brooklyn may, where it deems it necessary, upon the request of a justice, appoint one or more interpreters for justices' courts in that city, in addition to those provided for in the last three 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. Code Civ. Pro., § 3124.

10 Policemen, etc., as attendants. 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 deems proper. Code Civ. Pro., § 3125.

11 Verified complaint; answer; joint debtors. In an action brought in a justice's court of the city of Brooklyn, to recover upon or for the breach of a 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 3120, 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 allegation 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 a 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 3020 of this act. Code Civ. Pro., § 3126.

11 Daly, 181; s. c. 2 Civ. Pro. 319, 320; 6 Misc. 143; 2 N. Y. Supp. 397; 6 id. 882.

12 Jury trial. In an action in a justice's court of the city of Brooklyn, a trial by jury is waived, unless a party demands 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. Code Civ. Pro., § 3127.

66 N. Y. St. R. 534.

13 Opening defaults. 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 judgment, 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. Code Civ. Pro., § 3128.

14 Additional costs to plaintiff, etc. 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. Code Civ. Pro., § 3129.

35 N. Y. Supp. 8; 89 Hun, 191; 69 N. Y. St. R. 237.

15 Same, to defendant. 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 or 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 defendant is entitled to the costs specified in the last section. Code Civ. Pro., § 3130.

16 Costs in actions; property not exempt from execution; arrests; judgments enforced after discharge. In an action brought in a justices' court of the city of Brooklyn to recover a sum of money, for wages earned by a female employe other than a domestic servant, or for material furnished by such employe in the course of her employment, or in or about the subject-matter 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 than ten dollars, in which case the plaintiff recovers the sum of five dollars as such additional costs. Where the employe 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

* Costs, §§ 15-22.

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. Code Civ. Pro., § 3131, as am'd L. 1890, c. 46.

17 Costs upon adjournment. 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. Code Civ. Pro., § 3132.

18 Application of other provisions; holding court. 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. Code Civ. Pro., § 3133.

19 Special sessions in Brooklyn. Subject to the power of removal provided for by sections fifty-seven and fifty-eight of this code, the courts of special sessions in the city of Brooklyn shall, in the first instance, have jurisdiction except in case of public officers and conspiracy, to try and determine all complaints made before them, or before a police magistrate, or justice of the peace for misdemeanor committed in said city, where the term of imprisonment does not exceed one year, with or without fine, and to impose the same punishment as is authorized by statute in like cases to be inflicted by the county court of the county of Kings. Where any jury is required for the trial of any crime or misdemeanor in said courts of special sessions in the city of Brooklyn, the said courts shall have power to summons as many jurors as the court may deem necessary for the trial of such action or misdemeanor. The said court of special sessions in the city of Brooklyn shall have power to take bail in a reasonable amount for all misdemeanors and shall have power to take undertakings in bail either with or without the defendant thereon in the discretion of the said courts. All fines imposed by the said courts of special sessions in the city of Brooklyn, or by police magistrates in said city, upon defendants convicted in said courts or by such magistrates, of crimes, misdemeanors or violations of any city ordinance of the city of Brooklyn, which are paid by such defendants so convicted, to the sheriff of the county of Kings or to the keeper of the penitentiary of said city, shall be paid monthly by the said sheriff or said keeper to the respective clerks of the courts in which the said fines were imposed; provided, however, that the said sheriff or keeper of the penitentiary of Kings county may, in his discretion, pay all of such fines so paid to them, or either of them, directly to the city treasurer of the city of Brooklyn. In an examination held in any criminal proceeding by a police magistrate in the city of Brooklyn. the testimony of each witness may, in the discretion of the magistrate, he taken as a deposition by the official stenographer of the court in which said magistrate holds such examination. Such minutes of the testimony when so taken and when certified by the stenographer and by the magistrate who held such examination, shall both with reference to such examination, and in all procedure in connection with such examination, provided for by any section of this code not inconsistent herewith, be regarded as actually taken down in writing by such magistrate and subscribed by the witness or witnesses at such examina

*This subject, §§ 1-18.

tion. Code Crim. Pro., § 60, as am'd L. 1885, c. 45; L. 1889, c. 364; L. 1894, c. 695, and L. 1896, c. 92.

[Note. The city court of Brooklyn was organized under L. 1849, c. 125. The court was abolished by the Constitution of 1894, art. 6, § 5. (See Constitution, § 76.) See also Courts, § 46. For former provisions relating to this court, see Birdseye's R. S., 1st ed., p. 336.1

For earlier laws on this subject, see Birdseye's Chronological Table of Statutes, under L. 1849, c. 125; L. 1853, c. 338; L. 1858, c. 322, and L. 1864, c. 510.

AUCTIONS IN; see Domestic Commerce Law, §§ 54a, 54b.

BANKS IN; see Banking Law, §§ 67, 72.

COAL IN; see Coal, SS 1-4.

CONGRESSIONAL DISTRICTS IN; see Congressional Districts, § 1.

COURTS, ETC., IN; see Agricultural Law, § 9; Code of Civil Procedure, § 3; Constitution, § 76; Courts, §§ 2, 4, 46, 47, 53; Fees, § 5; Summary Proceedings, § 5.

ELECTIONS, PROVISIONS IN: See Election Law, §§ 5, 6, 8, 10, 12, 18, 19, 32, 35, 36, 59, 64, 86, 87, 113, 130, 135, 136.

EXCEPTED FROM CERTAIN HEALTH PROVISIONS; See Public Health Law, § 32.

EXCEPTED FROM CERTAIN PROVISIONS AS TO TUNNEL RAILROADS; see Railroad Law, § 16. EXEMPTION OF, FROM GENERAL HEALTH LAWS; see Public Health Law, §§ 20, 32.

INSANE PERSONS IN; see Insanity Law, $$ 66, 68.

LAW LIBRARY IN; see Libraries, §§ 27-29.

METHODIST EPISCOPAL CHURCHES IN; see Religious Corporations Law, § 85.

NOTARIES IN; see Executive Law, §§ 82, 84.

OFFICE OF FISHERIES COMMISSION IN; see Fisheries, etc., Law, § 6.

PARKS IN; see Parks, §§ 1-18.

POLICE MATRONS IN; see Police Matrons.

POLICE REGULATIONS IN; see Police Matrons, § 1.

PORT REGULATIONS, AFFECTING; see New York Harbor, §§ 8, 9, 17, 28, 34-41, 46; Pub

lic Health Law, $ 104, 110, 121; Wharves.

RAILROADS IN; see Railroad Law, §§ 123, 136.

SCHOOLS IN; see Natural History, 1, 4.

SENATE DISTRICTS IN; see Constitution, § 27.

SPECIAL JURY COMMISSIONER IN; see Jury, $$ 69-91.

STORAGE OF COMBUSTIBLES IN; see Domestic Commerce Law, § 27.

SUMMARY PROCEEDINGS IN; see Summary Proceedings, § 1.

TRADEMARKS IN; see Domestic Commerce Law, § 28a.

See also Cities; Kings County.

For charter and acts relating thereto see Birdseye's Chronological Table of Statutes and Birdseye's Supplement, under L. 1873, c. 863; also L. 1888, c. 583. For town boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 32.

BROOME, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 40.

BROOME COUNTY.

ASSEMBLY DISTRICTS IN; see Constitution, § 29.

CONGRESSIONAL DISTRICT CONTAINING; see Congressional Districts, § 1.
COUNTY JUDGE AND SURROGATE IN; see County Law, § 222.

JUDICIAL DISTRICT CONTAINING; see Supreme Court, § 30.

SENATE DISTRICT CONTAINING; see Constitution, § 27.
SUPERVISORS OF; see County Law, § 23.

See also County Law.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 63, p. 30. id. c. 64, p. 54.

See Prisons, § 123.

See Relationship.

BROOMS.

BROTHERS AND SISTERS.

BROWNVILLE, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 51.

BRUNSWICK, Town of.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 39.

BRUTUS, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 58.

See Betting and Gaming, § 20.

BUCKET SHOPS.

BUCKWHEAT.

See Domestic Commerce Law, § 8.

As to towns in, see

Note.

BUFFALO.

The superior court of Buffalo was originally organized as the recorder's court, by L. 1839, c. 210. The name was changed by L. 1854, c. 96. The court was abolished by the Constitution of 1894, art. 6, § 5. (See Constitution, § 76.) For former provisions relating to this court, see Birdseye's R. S., 1st ed., p. 338, and Birdseye's Chronological Table of Statutes, under L. 1854, c. 96.]

ASYLUM AT; see Insanity Law, §§ 30-35.

COURTS, ETC., IN; see City Courts, § 3; Code of Civil Procedure, SS 3, 7; Constitution, §§ 76, 83; Courts, §§ 2-4, 53; Justices' Courts, §§ 97, 177, 189; Real Property Law, $2706; Summary Proceedings, § 5.

DISPOSAL OF FINES IN; see Domestic Commerce Law, § 27.

ELECTION PROVISIONS IN; see Election Law, §§ 32, 35, 36.

EMIGRANTS IN; see Emigrants, §§ 78, 83, 85.

EXCEPTED FROM CERTAIN HEALTH PROVISIONS; see Public Health Law, §§ 20, 32.
EXCEPTED FROM CERTAIN INSURANCE PROVISIONS; See Insurance Law, § 133.

LAW LIBRARY AT; see Libraries, §§ 24, 25.

NORMAL SCHOOL AT; see Consolidated School Law, § 6; Normal Schools, § 22, n.
PENITENTIARY IN; see Prisons, §§ 178, 180, 192, 193.

PUBLIC PRINTING, ADVERTISED IN; see Legislative Law, § 72,

RAILROADS IN; see Railroad Law, § 123.

For charter and acts relating thereto see Birdseye's Chronological Table of Statutes, under L. 1870, c. 519, and
Birdseye's Supplement, under L. 1891, c. 105.
For town boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 65.

BUFFALO STATE HOSPITAL.

See Insanity Law, §§ 30-49.

See Bill of Sale, § 7.

BUGGIES.

BUILDING, HOMESTEAD, AND BUILDING LOAN COMPANIES. Note. These corporations were formerly chartered under L. 1851, c. 122, L. 1853, c. 117, L. 1872, c. 820, L. 1881, c. 351, and L. 1887, c. 556. (See Birdseye's R. S., 1st ed., pp. 342, 661 et seq.) These companies are now to be incorporated under the Banking Law, SS 170-195; Corporations, § 16a.

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1 Furnishing improper scaffolding, etc., for employes. A person or corporation employing or directing another to do or perform any labor in the erection, repairing, altering or painting any house, building or structure within this state, who shall, knowingly or negligently furnish or erect or cause to be furnished for erection for and in the performance of said labor, such unsuitable or improper scaffolding, hoists, stays, ladders or other mechanical contrivances as will not give proper protection to the life and limb of any person so employed or engaged, shall be deemed guilty of a misdemeanor and on conviction shall be punished by a fine not exceeding five hundred dollars or by imprisonment in a county jail for not less than thirty days or more than six months or by both such fine and imprisonment in the discretion of the court. If any such scaffolding or staging swung or suspended from an overhead support or supports shall be more than twenty feet from the ground or floor, the same shall be deemed unsuitable and improper and as not giving proper protection to the life and limb of any person employed or engaged thereon, unless such scaffolding or staging shall, when the same is in use, have a safety-rail rising at least thirty-four inches above the floor or main portion of such scaffolding or staging and extending along the outside thereof and across each end thereof the entire length of the ends and outside thereof, and properly attached thereto, and unless such scaffolding or staging shall be provided with braces so as to sustain the weight of a man's body leaning against it, and prevent the scaffold or staging from swaying from the building or structure. L. 1885, c. 314, § 1, as am'd L. 1891, c. 214.

2 Inspection of scaffolding; notice; removal or alteration. Whenever complaint is made to the commissioners of police, or to the superintendent or other persons in charge of the police force of any city of this state, that the scaffolding used in the construction, altering, repairing or painting of any building within the limits of such city is unsafe and dangerous to the life and limb of any person, it shall be the duty of such police commissioner, superintendent of the police or other

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