ARTICLE SECOND. PROVISIONS EXCLUSIVELY APPLICABLE TO THE DISTRICT COURTS OF THE CITY OF NEW-YORK. 3215. Jurisdiction ia civil actions. 3216. Removal of certain actions into common pleas. 3217. When order of arrest may be 3218. Proceedings thereupon. § 3220. Docketing judgments; execu tion thereupon. 2221. Enforcement of certain judg ments in favor of working women. 3222. Costs in action by working woman. § 3216. Each district court of the city of New-York has jurisdiction of the following civil actions: 1. An action, of which a justice of the peace has jurisdiction, as prescribed in sections 1737, 2861, 2862, and 2863 of this act, including an action against a domestic corporation, or against a foreign corporation having an office in the city of New-York, where the sum claimed, or the value of the chattel, or of all the chattels claimed, as stated in the complaint, does not exceed two hundred and fifty dollars; except that subdivision third of section two thousand eight hundred and sixty-two, and subdivisions first and fourth of section two thousand eight hundred and sixty-three of this act do not apply to an action brought in either of those courts. 2. An action to recover a penalty, given by the charter of the city of New York, or any by-law or ordinance of the common council of that city, or to recover a penalty given by a statute of the State; where all the penalties, to recover which the action is brought, do not exceed two hundred and fifty dollars. 3. An action in behalf of the people of the State, brought by the direction of the commissioners of public charities and correction of the city of New York, or of an overseer of the poor, upon a bastardy or abandonment bond, in a case where it is prescribed, by a special statutory provision, that such an action can be maintained in a district court. 4. An action upon the bond of a marshal of that city, in a case where it is prescribed, by a special statutory provision, that such an action can be maintained in a district court. Neither of those courts has jurisdiction of any civil action, except, as prescribed in this section. § 3216. In an action, specified in subdivision first or second of the last section, where the damages claimed, or the value of the chattel, or of all the chattels claimed, as stated in the complaint, exceeds one hundred dollars, the defendant may, after issue is joined, and before an adjournment has been granted upon his application, apply to the justice of the court in which the action is brought, for an order removing the action into the court of common pleas for the city and county of New York. Such an order must be granted, upon the defendant's filing with the clerk an undertaking, in a sum fixed by the justice, not exceeding twice the amount of the damages claimed, or twice the value of the chattel, or of all the chattels claimed, as stated in the complaint, with one or more sureties, to the effect, that the defendant will pay to the plaintiff the amount of any judgment, that may be recovered against him in the court of common pleas, in the action so removed. From the time of the granting of the order, the court of common pleas has cognizance of the action; and the clerk of the district court must Forthwith deliver to the clerk of the court of common pleas, all process, pleadings, and other papers in the action, and certified copies of all minutes, entries, and orders relating thereto; which must be filed, entered, or recorded, as the case requires, in the latter's office. § 3217. An order to arrest the defendant must or may be granted, in an action brought in either of those courts, in any case where a warrant of arrest must or may be issued in such an action, as prescribed in the statutes remaining unrepealed after this chapter takes effect. Such a warrant shall not hereafter be issued. Sections § 3218. An order of arrest must direct that the summons accompanying it be made returnable, immediately upon the arrest of the defendant; and it must specify a sum, in which the defendant may be let to bail. 3179 to 3181, both inclusive, section 3182, except the last sentence thereof, and section 3183 of this act, apply to an order of arrest, granted in an action in either of those courts; and to the proceedings upon, and relating to, the execution thereof. In all other respects, the statutory provisions remaining unrepealed after this chapter takes effect, which apply to and regulate the application for a warrant to arrest a defendant, the granting and execution thereof, and the proceedings subsequent thereto, apply to and regulate the application for an order of arrest, the granting and execution thereof, and the proceedings subsequent thereto. § 3219. The sum specified in an undertaking, given to procure a warrant of attachment, must be at least twice the amount of the plaintiff's demand, as stated in the warrant. Where such an undertaking, or an undertaking given to procure an order of arrest, is executed by the plaintiff without any surety, the plaintiff must state, in the affidavit of justification annexed to the undertaking, in addition to the other matters required by law, that he is a resident of, and a householder within, the city of New York, specifying the street and the number, or other sufficient identification, of the building where he resides. § 3220. Sections three thousand and seventeen to three thousand and twenty-two of this act, both inclusive, apply to a judgment rendered in either of those courts, and to the proceedings subsequent thereto, and in the action wherein it was rendered; except that the transcript, filed in the office of the county clerk, must be furnished by the clerk of the district court; that a judgment, the transcript of which has been so filed, is deemed to be a judgment of the court of common pleas for the city and county of New York; and that an execution, upon a judgment so docketed, may be issued, at the option of the judgment creditor, either by the county clerk, directed to the sheriff, or by the clerk of the district court, directed to a marshal. In the latter case, it must be in the same form, and exe cuted in the same manner, as if the judgment was not so docketed. § 3221. In an action, brought in either of those courts, by a female, to recover for services performed by her, if the plaintiff recovers a judgment for a sum not exceeding fifty dollars, exclusive of costs, no property of the defendant is 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 application of the plaintif issue an execution against the person of the defendant, for the sum re maining 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 agains his person cannot be 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. § 3222. Section three thousand one hundred and thirty-one of this act applies to an action therein specified, brought in a district court of the city of New York; and costs must be allowed in such an action, as prescribed in that section, in addition to the costs allowed in a district court, by the statutory provisions remaining in force after this chapter takes effect. ARTICLE THIRD. PROVISIONS EXCLUSIVELY APPLICABLE TO THE JUSTICES' COURTS OF ALBANY 3223. Jurisdictions in civil actions. § 3225. Docketing judgments; execu- sion. § 3223. The justices' court of the city of Albany, and the justices' court of the city of Troy, have jurisdiction, each within the city where the court is located, of an action, of which a justice of the peace has jurisdiction, as prescribed in sections one thousand seven hundred and thirty-seven, two thousand eight hundred and sixty-one, two thousand eight hundred and sixty-two, and two thousand eight hundred and sixty-three of this act; and also of an action to recover a penalty, given by the charter, or a by-law or an ordinance of the common council of that city, where the plaintiff demands judgment for a sum, not exceeding two hundred dollars. Neither of those courts has jurisdiction of any other civil action; but this section does not affect the jurisdiction conferred, by the statutory provisions remaining in force after this chapter takes effect, upon either of those courts, in a special proceeding. § 3224. The jurisdiction of each of those courts extends also to the taking and entry of a judgment, upon the confession of a defendant, as prescribed in title sixth of chapter nineteenth of this act, where the sum confessed does not exceed five hundred dollars. 197 juds 1,684 3225. The provisions of sections three thousand and seventeen to three thousand and twenty-two of this act, both inclusive, apply to a ment rendered in either of those courts, and to the proceedings subsequent thereto, and in the action wherein the judgment was rendered; except that the transcript, filed in the clerk's office of the county wherein the court is located, must be furnished by the clerk of the court, in which the judg ment was rendered. TITLE V. The municipal court of the city of Rochester. 3226. Provisions of chapter 19 gener- § 3227. Jurisdiction in actions upon ally applicable to the court and judges. contract. § 3226. The provisions of chapter nineteenth of this act, excluding titles tenth and eleventh thereof, apply to the municipal court of the city of Rochester, and to the judges thereof; except so far as they are inconsistent with the next section, or with any other special provision of statute, remaining unrepealed after this chapter takes effect. For the purpose of applying the same, the court is deemed a justice's court; each judge thereof is deemed 2 justice of the peace; and the city of Rochester is deemed a town of Monroe county. pleadings, and other papers in the action, and certified copies of all minutes, entries, and orders relating thereto; which must be filed, entered, or recorded, as the case requires, in the latter's office. § 3217. An order to arrest the defendant must or may be granted, in an action brought in either of those courts, in any case where a warrant of arrest must or may be issued in such an action, as prescribed in the stat utes remaining unrepealed after this chapter takes effect. Such a warrant shall not hereafter be issued. § 3218. An order of arrest must direct that the summons accompanying it be made returnable, immediately upon the arrest of the defendant; and it must specify a sum, in which the defendant may be let to bail. Sections 3179 to 3181, both inclusive, section 3182, except the last sentence thereof, and section 3183 of this act, apply to an order of arrest, granted in an action in either of those courts; and to the proceedings upon, and relating to, the execution thereof. In all other respects, the statutory provisions remaining unrepealed after this chapter takes effect, which apply to and regulate the application for a warrant to arrest a defendant, the granting and execution thereof, and the proceedings subsequent thereto, apply to and regulate the application for an order of arrest, the granting and execution thereof, and the proceedings subsequent thereto. § 3219. The sum specified in an undertaking, given to procure a warrant of attachment, must be at least twice the amount of the plaintiff's demand, as stated in the warrant. Where such an undertaking, or an undertaking given to procure an order of arrest, is executed by the plaintiff without any surety, the plaintiff must state, in the affidavit of justification annexed to the undertaking, in addition to the other matters required by law, that he is a resident of, and a householder within, the city of New York, specifying the street and the number, or other sufficient identification, of the building where he resides. § 3220. Sections three thousand and seventeen to three thousand and twenty-two of this act, both inclusive, apply to a judgment rendered in either of those courts, and to the proceedings subsequent thereto, and in the action wherein it was rendered; except that the transcript, filed in the office of the county clerk, must be furnished by the clerk of the district court; that a judgment, the transcript of which has been so filed, is deemed to be a judgment of the court of common pleas for the city and county of New York; and that an execution, upon a judgment so docketed, may be issued, at the option of the judgment creditor, either by the county clerk, directed to the sheriff, or by the clerk of the district court, directed to a marshal. In the latter case, it must be in the same form, and exe cuted in the same manner, as if the judgment was not so docketed. § 3221. In an action, brought in either of those courts, by a female, to recover for services performed by her, if the plaintiff recovers a judgment for a sum not exceeding fifty dollars, exclusive of costs, no property of the defendant is 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 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 ff is entitled to costs, as therein prescribed. But where, in such an action gainst two or more defendants, the plaintiff is entited to costs against one ›r more, but not against all of them, none of the defendants are entitled o costs, of course. In that case, cost may be awarded, in the discretion of he court, to any defendant, against whom the plaintiff is not entitled to osts, where he did not unite in an answer, and was not united in interest, with a defendant, against whom the plaintiff is entitled to costs. § 3230. Except as prescribed in the last two sections, the court may, a its discretion, award costs to any party, upon the rendering of a final adgment. § 3231. Where two or more actions are brought, in a case specified in ection four hundred and fifty-four of this act, or otherwise for the same ause of action, against persons who might have been joined as defendants one action, costs, other than disbursements, cannot be recovered, upon e final judgment, by the plaintiff, in more than one action, which shall > at his election. But this prohibition does not apply to a case where the laintiff joins as defendants, in each action brought, all the persons liable, ot previously sued, who can, with reasonable diligence, be found within e State; or, if the action is brought in a superior city court, or the marine >urt of the city of New York, or a county court, within the city or county, the case may be, where the court is located. § 3232. Where an issue of law and an issue of fact are joined, between e same parties to the same action, and the issue of fact remains undisosed of, when an interlocutory judgment is rendered upon the issue of law; e interlocutory judgment may, in the discretion of the court, deny costs › either party, or award costs to the prevailing party, either absotely, or to abide the event of the trial of the issue of fact. § 3233. Section seven hundred and seventy-nine of this act applies to terlocutory costs, awarded as prescribed in the last section, as if they ere costs of a motion § 3234. In an action specified in section three thousand two hundred d twenty-eight of this act, wherein the complaint sets forth separately ́o or more causes of action, upon which issues of fact are joined, if the aintiff recovers upon one or more of the issues, and the defendant upon e other or others, each party is entitled to costs against the adverse party, less it is certified that the substantial cause of action was the same upon ch issue; in which case, the plaintiff only is entitled to costs. Costs, to aich a party is so entitled, must be included in the final judgment, by ding them to, or offsetting them against, the sum awarded to the preiling party; or otherwise, as the case requires. But this section does not title a plaintiff to costs, in a case specified in subdivision fourth of section ree thousand two hundred and twenty-eight of this act, where he is not titled to costs, as prescribed in that subdivision. § 3235. Where an action, brought before a justice of the peace, or in a strict court of the city of New York, or a justices' court of a city, has en discontinued, as prescribed by law, upon the delivery of an answer, owing that title to real property will come in question; and a new action, r the same cause, has been commenced in the proper court; the party, in hose favor final judgment is rendered in the new action, is entitled to sts except that, where final judgment is rendered therein, in favor of the fendant, upon trial of an issue of fact the plaintiff is entitled to costa, |