Section 602. Transcript from justice's docket, evidence generally. 603. Other proof of proceedings before justice. 604. Deposit of books and papers with town or city clerk. 605. Certificate in docket-book deposited. 606. Town or city clerk to demand books on death of justice. 607. Delivery; how compelled. 608. Entries to be evidence. 609. Transfer of action when justice's term expires. 610. When justice is a witness. 611. Proceedings on transfer. 613. Papers to be filed. 614. Justice to furnish copies of papers. 615. Reward to constable forbidden. 616. Justice or constable not to buy claim. 617. Penalty. 618. Violation of preceding sections a defense to action. 619. Definition of affidavit. 620. Disregarding defects in affidavits. 621. Definition of personal injury. 622. Definition of injury to property. 623. Penalty for not paying over money. 624. Justice when disqualified. 625. Existing jury lists, boxes and ballots, continued. Section 590. Amendments by the court; disregarding immaterial errors. The court may on the trial or at any other stage of the action, before or after judgment, in furtherance of justice,. and on such terms as it deems just, amend any process, pleading or other proceeding, by adding or striking out the name of a person as a party, or by correcting a mistake in the name of a party, or a mistake in any other respect or by inserting an allegation material to the case; or, where the amendment does not change substantially the claim or defense, by conforming the pleading or other proceeding to the facts proved. And in every stage of the action the court must disregard an error or defect in the pleadings or other proceedings which does not affect the substantial rights of the adverse party. [Code, § 723, without change.] § 591. Abatement of actions.-After a verdict in an action to recover damages for a personal injury, the action does not abate by the death of the party, but the subsequent proceedings are the same as in a case where the cause of action survives. And if the judgment on such a verdict is reversed on questions of law only, and a new trial is ordered before the same or another justice, the action does not abate by the death of the party against whom the same was rendered. [Code, § 764, rewritten. The words "report or decision " în the original are omitted as not applicable to justice's court. The provision preventing an abatement after reversal if a new trial is ordered in justice's court is new, and is intended to conform to other provisions of this chapter authorizing such a new trial in all cases of reversal on question of law only.] § 592. Time for doing any act, how computed.-The time within which an act, in an action or special proceeding, is rerequired by law to be done, must be computed by, excluding the first and including the last day; except where it is otherwise specially prescribed by law. If the last day is Sunday or a public holiday it must be excluded. Where the act is required to be done within two days, and an intervening day is Sunday, or a public holiday, it must also be excluded. [See Statutory Construction Law, § 27.] § 593. Definition of mandate.-The word mandate includes a writ, process, or other written direction, issued pursuant to law, out of a court or made pursuant to law, by a court, or a judge, or a person acting as a judicial officer, and commanding a court, board or other body, or an officer, or other person, named or otherwise designated therein, to do, or to refrain from doing, an act therein specified. [Code, § 3343, sub: 2, § 594. General requisites of mandates.-A mandate issued by a justice of the peace must be signed by him, and may be without seal. It must be entirely filled up at the time when it is delivered to an officer to be executed, so as to have no blank, either in the date thereof or otherwise; except that there may be a blank in a subpoena for the name of any or all of the witnesses. A mandate issued and delivered to an officer to be executed contrary to this section is void. [Code, § 3135, without change.] § 595. Execution of mandate by private person.-A justice of the peace who issues any mandate authorized by this chapter, except a venire, may at the request of the party, whenever he deems it expedient so to do, empower by a written authority in dorsed on the mandate, any proper person of full age, not a party to the action, to serve or otherwise execute it. For that purpose, the person so empowered has all the power and authority and is. subject to all the obligations and liabilities of a constable; and his return is evidence in like manner as a constable's. But a person so empowered is not entitled to any fee or reward for his services. [Code, § 3156, without change.] § 596. Constable to execute mandates in person.-A constable to whom a mandate is directed and delivered as prescribed in this chapter, must execute it in person, pursuant to the tenor thereof. He cannot act by deputy in such a case. [Code, § 3157, without change.] § 597. Sheriff to act where execution of mandate is resisted.-If a constable to whom a mandate issued by a justice of the peace is directed and delivered, finds, or has reason to apprehend, that resistance will be made to the execution thereof, he may deliver it to the sheriff of the county, with a written certificate stating the facts, and requiring the sheriff to execute it. Thereupon the sheriff must execute the mandate; and he is subject to all the liabilities attaching to a constable in executing it. Sections 414, 415 and 416 of the judiciary law apply to a mandate delivered to a sheriff as prescribed in this section. [Code, § 3158, without change.] § 598. Docket-book to be kept by justice; entries therein.-A justice of the peace must keep a docket-book, in which he must enter: 1. The title of every action or special proceeding commenced before him. 2. The time when the summons, or the mandate for the commencement of the special proceeding, was issued; with a statement of the nature of the mandate, and a memorandum of each order of arrest, warrant of attachment, or requisition to replevy, granted by him. 3. The time when the parties appeared before him, either with out process, or on the return of the summons, or of the mandate for the commencement of the special proceeding. 4. A concise statement of the substance of each oral pleading, or a memorandum of the filing of each written pleading. 5. Each adjournment; stating on whose application and to what time and place it was made. 6. The issuing of a venire; stating on whose application it was issued, and the time and place of the return thereof. 7. The time when a trial was had; and if it was by a jury the names of all the persons returned as having been notified to attend as jurors; stating who did not attend; who attended; and who were sworn. 8. The name of each witness sworn on the trial; stating at whose request he was sworn; each objection made to the competency of a witness; and the decision thereon. 9. The verdict of the jury, and the time of receiving it; or if the jury disagreed and were discharged, a statement of that fact. 10. A concise statement of the substance of each order made by him in the course of the action or special proceeding. 11. The judgment or final order; and the time of entering it. 12. The execution; the time of issuing it; the kind of execution; the name of the officer to whom it was delivered; and each renewal with the date thereof. |