of New York, or affects any provision of this title, relating to the jurisdiction of either of the courts specified in this title. 2. An order of arrest, in an action brought in the justices' court of Albany, or the justices' court of Troy, or a warrant of attachment, or a requisition to replevy, in either of those courts, or in a district court of the city of New York, must be granted by, and directed to, and executed by, the officer empowered, by the statutes remaining in force after this chapter takes effect, to grant or execute, as the case requires, in the same court, a warrant to arrest, a warrant of attachment, or a requisition in an action to recover a chattel. 3. The manner of applying for, granting, and executing an order of arrest, a warrant of attachment, or a requisition to replevy, and the proceedings thereupon, and with respect thereto, as prescribed in the articles so made applicable, are subject to the statutes, remaining unrepealed after this chapter takes effect, specially applicable to those courts, or to either or any of them, prescribing the duties of the justices, or of the clerks thereof, or regulating the mole of transacting business in an action brought therein. § 3212. Sections 2951 to 2958 of this act, both inclusive, apply to an action, brought in either of those courts; except that, where the action is brought in a district court of the city of New-York, the surety upon the defendant's undertaking is liable, in the case specified in section two thousand nine hundred and fifty-two, to any amount, for which judgment might have been rendered by the district court, if the answer and undertaking had not been delivered. § 3213. [an'd 1883.] An appeal from a judgment rendered in a district court of the city of New York may be taken to the court of common pleas for the city and county of New York in the cases and in the manner prescribed in articles first and second of title eight of chapter nineteenth of this act. The appellate court may reverse, affirm or modify the judgment appealed from, and where a judgment is reversed, may order a new trial in the district court. Where a judgment is modified, or where a new trial is ordered, costs shall be in the discretion of the appellate court. An appeal from the judgment rendered in the justice's court of the city of Albany, or the justice's court of the city of Troy, may be taken in a case where an appeal may be taken to a county court from a judgment rendered by a justice of the peace as prescribed by title eight of that chapter, and in no other case. Such an appeal must be taken to the county court of the county wherein the court is located. 3214. Except as otherwise specially prescribed in this title, this act does not affect any statutory provision remaining unrepealed after this chapter takes effect, relating to the jurisdiction and powers of either of those courts; the appointment, qualification, tenure of office, powers, or Juties of the justices, or of the clerk, or any other officer thereof; or the proceedings therein; except that a provision of this or any other statute, whereby a proceeding in an action, brought in either of those courts, or a special proceeding, brought therein, or before a justice thereof, is assimilated, either expressly, or by reference to another provision of law, to a proceeding, in an action or a special proceeding before a justice of the peace, 18 deemed to refer to the corresponding proceeding, as prescribed in chapter nineteenth of this act. 89 ARTICLE SECOND. PROVISIONS EXCLUSIVELY APPLICABLE TO THE DISTRICT COURTS OF THE CITY OF NEW-YORK. 3215. Jurisdiction in civil actions. 3216. Removal of certain actions into common pleas. 3217. When order of arrest may be 3218. Proceedings thereupon. § 3220. Docketing judgments; execution thereupon. 2221. Enforcement of certain judgments in favor of working women. 3222. Costs in action by working woman. § 3215. 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 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 executed 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 his person cannot be issued upon the judgment, but the judgment credito 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 AND TROY. 3223. Jurisdictions in civil actions. § 3225. Docketing judgments; execu3224. Id.; upon judgment by confestion thereupon. 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. 3225. The provisions of sections three thousand and seventeen to three thousand and twenty-two of this act, both inclusive, apply to a judg. 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 contract. and judges. 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 a justice of the peace; and the city of Rochester is deemed a town of Monroe county. $ 3227. [am'd 1881.] The municipal court of the city of Rochester has jurisdiction of an action to recover damages upon or for a breach of contract, express or implied, other than a promise to marry, when the sum claimed does not exceed five hundred dollars. TITLE CHAPTER XXI. COSTS AND FEES. I.-AWARDING AND ENFORCING PAYMENT OF COSTS. TITLE II.-FIXING THE AMOUNT OF COSTS. TITLE III.-SECURITY FOR COSTS. TITLE IV.-GENERAL PROVISIONS RELATING TO FEES. TITLE V.-SUMS ALLOWED AS FEES.. TITLE I. Awarding and enforcing payment of costs. ARTICLE 1. General regulations respecting the awarding of costs. 2. Regulations respecting the awarding of costs in particular cases. 3. Miscellaneous provisions. ARTICLE FIRST. GENERAL REGULATIONS RESPECTING THE AWARDING OF COSTS. 3228. When plaintiff entitled to costs of course. 3229. When defendant entitled to 3232. Interlocutory costs upon issue 3233. Id.; how collected. 3234. Costs, where there are several 3235. Id.; after discontinuance upon 3237. The foregoing sections limited. 3239. Id.; upon appeal from interloo- § 3228. The plaintiff is entitled to costs, of course, upon the rendering of a final judgment in his favor, in either of the following actions : 1. An action, triable by a jury, to recover real property, or an interest in real property; or in which a claim of title to real property aises upon the pleadings, or is certified to have come in question upon the trial. 2. An action to recover a chattel. But if the value of the chattel, or of all the chattels, recovered by the plaintiff, as fixed, together with the damages, if any, awarded to him, is less than fifty dollars, the amount of his costs cannot exceed the amount of the value and the damages. 3. An action specified in subdivision first, third, fourth, or fifth of sec. tion two thousand eight hundred and sixty-three of this act. But if, in an action to recover damages for an assault, battery, false imprisonment, libel, slander, criminal conversation, seduction, or malicious prosecution, the plaintiff recovers less than fifty dollars damages, the amount of his costs cannot exceed the damages. 4. An action, other than one of those specified in the foregoing subdivisions of this section, in which the complaint demands judgment for a sum of money only. But the plaintiff is not entitled to costs, under this subdivision, unless he recovers the sum of fifty dollars or more. § 3229. The defendant is entitled to costs, of course, upon the rendering of final judgment, in an action specified in the last section, nnless the plaint |