§ 3195. Upon an appeal to the court of appeals, the notice of appeal and undertaking must be filed with the clerk of the marine court, who must transmit the necessary papers to the court of appeals; and the judgment or order of the court of appeals must be remitted to and enforced by the marine court. TITLE II. The mayor's court of the city of Hudson, and the recorder's courts of the cities of Utica and Oswego. § 3196. Civil jurisdiction prescribed. 3197. Certain pending actions, etc., transferred to supreme court. 3198. Id.; certain papers, etc., to be transmitted to county clerk. 3199. Power of supreme court, in ac tions, etc., so transferred. 3200. Proceedings in case of judge's disability. 3201. Services of subpoenas. § 3196. The civil jurisdiction of the mayor's court of the city of Hudson, the recorder's court of the city of Utica, and the recorder's court of the city of Oswego, extends only to an action whereof jurisdiction is ex pressly conferred upon the court, by a provision of a statute incorporating, or otherwise specially relating to the government of, the city wherein the court is located. § 3197. Every civil action, now pending in either of those courts, other than an action specified in the last section, is hereby transferred to the supreme court; and the subsequent proceedings therein, before and after the judgment, must be the same, as if the action had been commenced in the supreme court. § 3198. All judgment-rolls, and other records, and all books and papers, relating exclusively to civil actions, other than an action specified in the last section but one, now remaining in either of those courts, must be deliv ered by the clerk thereof, or, if there is no clerk, by the judge or other officer, having the custody thereof, to the clerk of the county in which the court is located, to be preserved among the records of his office. The expense of so doing is a county charge. § 3199. The supreme court may review, enforce, vacate, or ainend a final judgment 'heretofore rendered by either of those courts, in a civil action, other than an action specified in section three thousand one hundred and ninety-six of this act, with like power and effect, as the court in which it was commenced might have so done, if this act had not been passed. 3200. The county court of the county in which either of those courts is located, may, by an order, remove to itself an action of which either of those courts has jurisdiction, as prescribed in section three thousand one hundred and ninety-six of this act, upon proof, by affidavit, that the judge thereof is, for any cause, incapable of acting, either generally or in the par ticular action. Sections 344, 345, and 346 of this act apply to such an order of removal, and to the proceedings subsequent thereto. The proceed ings subsequent to the order are the same, as in an action brought in the county court, except that costs must be awarded, as if the action had remained in the court from which it was removed. § 3201. A subpoena, issued out of either of those courts, may be served upon a witness, at any place within the State. A warrant to apprehend a witness, for a failure to obey such a subpoena, may be directed to the sheriff of the county where the court is located, and executed by him within any county of the State. The sheriff is subject to the same liability, for a failure to serve or return it, as if it was issued out of the supreme court. § 3202. This title does not affect any provision of law cenferring upon a judge, or upon the judges, of either of those courts, jurisdiction, power or authority, in an action brought in another court, or in a special proceeding. TITLE III. The city court of Yonkers. 3203. Jurisdiction in civil actions. 3204. Last section qualified. 3205. Summons, where served. § 3206. This title does not affect jurisdiction of the court, etc., in special proceedings. § 3203. The jurisdiction of the city court of Yonkers extends to the following civil actions only: 1. An action against a natural person, or against a foreign or domestic corporation, wherein the complaint demands judgment for a sum of money only, or to recover one or more chattels, with or without damages for the taking, withholding, or detention thereof. 2. An action to foreclose or enforce a lien, upon real property in the city of Yonkers, created, as prescribed by statute, in favor of a person who has performed labor, or furnished materials to be used, in erecting, alter ing, or repairing a building, building lot, or appurtenance thereto, including fences, sidewalks, paving, wells, fountains, fishponds, ornamental and fruit trees, and every other improvement to a building or building lot. 3. An action to foreclose or enforce a lten, for a sum not exceeding one thousand dollars, exclusive of interest, upon one or more chattels. $3204. The jurisdiction conferred by the last section is subject to the following limitations and regulations: 1. In an action wherein the complaint demands judgment for a sum of money only, the sum, for which judgment is rendered in favor of the plaintiff, cannot exceed one thousand dollars, exclusive of interest, and costs as taxed; except where it is brought upon a bond or undertaking, given in an action or a special proceeding in the same court, or before the city judge. Where the action is brought upon a bond or other contract, the judgment must be for the sum actually due, without regard to a penalty therein contained; and where the money is payable in instalments, successive actions may be brought, for the instalments, as they become due. 2. In an action to recover one or more chattels, a judgment eannot be rendered, in favor of the plaintiff, for a chattel or chattels, the aggregate value of which exceeds one thousand dollars. 3. The court has not jurisdiction of an action against an executor or administrator, in his representative capacity. 4. The court has not jurisdiction of any action, unless one of the parties thereto resides in the city of Yonkers, or in a town of Westchester county, adjoining that city; or a warrant of attachment is granted to accompany the summons, and levied upon property of the defendant, within that city; or the action is brought to recover one or more statutory penalties, by the city of Yonkers, or one of its officers or boards of commissioners. $3205. The summons, in an action brought in the court, may be served at any place within the county of Westchester, but not elsewhere. § 3206. This title does not affect any provision of law, conferring upon the court, or upon the city judge of Yonkers, jurisdiction, power, or authority, in a special proceeding; or conferring upon the city judge of Yonkers power or authority, in an action brought in another court. TITLE IV. The district courts of the city of New York, and the justices' courts of the cities of Albany and Troy. ARTICLE 1. Provisions generally applicable to all the coarts specefied in this title. 2. Provisions exclusively applicable to the district courts of the city of New York. 3. Provisions exclusively applicable to the justices' courts of Albany and Troy. ARTICLE FIRST. PROVISIONS GENERALLY APPLICABLE TO ALL THE COURTS SPECIFIED IN THIS § 3207. Section 3126 of this act applies to an action to recover upon or for breach of a contract, express or implied, brought in a district court of the city of New York, in the justices' court of the city of Albany, or in the justices' court of the city of Troy. § 3208. In an action brought in either of those courts, the summons, and, in a proper case, a copy of the complaint, may be served by any per son not a party to the action; except that, where the action is brought in a district court of the city of New York, a person, other than a constable or a marshal, serving the same, must be first empowered to do so, either by the justice, or by the attorney to the corporation, as now prescribed by law. Proof of service thereof, by such a person, must be made by his affidavit; which must state the particular place, time, and manner of service, and that the affiant knew the person so served, to be the person mentioned and described in the summons, as defendant therein. § 3209. An action, brought in either of those courts, at any time after this chapter takes effect, must be commenced by the voluntary appearance of, and joinder of issue by, the parties, or by the service of a summons. 3210. [am'd 1884.] Articles third, fourth and fifth of title second of chapter nineteen of this act apply to an action brought in either of those courts, except as otherwise prescribed in the next section. And except, also, that where the warrant of attachment, or requisition to replevy, is issued out of a district court of the city of New York, against a non-resi dent defendant, the said warrant, or requisition, must require the marshal to attach or replevy the property, on or before a day therein specified, which must be not less than two nor more than four days before the return day of the summons. § 3211. The provisions of the last section are subject to the following qualifications: 1. Nothing contained in either of the articles, so made applicable, applies to an order of arrest, in an action brought in a district court of the city of New York, or affects any provision of this title, relating to the jurisdic tion 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 mode 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. [am'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 duties 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, is deemed to refer to the corresponding proceeding, as prescribed in chapter nineteenth of this act. 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; execu tion thereupon. 2221. Enforcement of certain judg ments 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 subdivis ions 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 direc tion 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, |