3210. [Amended 1884.] Order of arrest; warrant of attachment; requisition to replevy. Articles third,

fourth, and fifth of title second of chapter nineteenth 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-resident 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. New,

§ 3211. The last section qualified. The provis ions 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 juris diction of either of the courts specified in this title.

2. An order of arrest, in an action brought in the jus tice's court of Albany, or the justice's 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 ap plicable 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. New.

§ 3212. Proceedings where title to real property is in question. 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 speri fied in section 2952, to any amount, for which judgment

might have been rendered by the district court, if the answer and undertaking had not been delivered.

See Code of Proc., § 63.

§ 3213. [Amended, 1895.] Appeals. An appeal from a judgment, rendered in a district court of the city of New York, may be taken to the supreme court, in the cases, and in the manner prescribed in articles first and second of title eight of chapter nineteenth of this act. Such appeal shall be heard in such manner and by such justice or justices as the appellate division of the supreme court in the first department shall direct. 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 Such an appeal must be taken to the county court of the county wherein the court is located.

case.

In effect Jan. 1, 1896; L. 1895, ch. 946.

New. L. 1857, ch. 344, 276. Cushing v. Vanderbilt, 7 Daly, 512; Cur ley v. Tomlinson, 5 id. 283; Bunker v. Latson, 1 E. D. S. 410; Edwards e. Drew, 2id. 55; Schwartz v. Bendel, id. 123; Story v. Bishop, 4 id. 423; Meech v. Brown, 1 Hilt. 257; 4 Abb. 19; Mcllhenny v. Wasson, 1 Daly, 285; Schulzer v. Adelson, & Week. Dig. 137; Reed v. Warth, 2 Hilt. 281; Fuchs v. Pohlman, 2 Daly, 210; Langbein e. Weedersunn, 1 Law Bull. 94 Jackson v. Smith, 16 Abb. 201; 25 How. 476; Pultz v. Diossy, 53 id. 270; Romaine . Kinsheimer, 2 Hilt. 519; Suydam v. Munson, 2 E. D. Smith 198; De Agreda . Faulberg, 3 id. 178; Smith v. Van Brunt, 2 id. 534; Zinsser v. Seiler, 7 Daly, 464.

§ 3214. Effect of this act, upon jurisdiction and proceedings. Except as otherwise specially prescribed in this title, this act does not affect any statutory pro vision 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.

New.

ARTICLE SECOND.

PROVISIONS EXCLUSIVELY APPLICABLE TO THE DIS. TRICT COURTS OF THE CITY OF NEW-YORK.

SEC. 3215. Jurisdiction in civil actions.

3216. Removal of certain actions to city court.

3217. When order of arrest may be granted.

3218. Proceedings thereupon.

3219. Requisites of certain undertakings.

3220. Docketing judgments; execution thereupon.

3221. Enforcement of certain judgments in favor of working women. 3222. Costs in action by working woman.

32.5. Jurisdiction in civil actions. 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 ju risdiction, 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 2862, and subdivisions first and fourth of section 2863 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 or dinance 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 tatutory 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 action, except as prescribed in this section.

any

civil

L. 1857, ch. 344, 3, subd. 1 and 2, amended; L. 1858, ch. 334, 5; L. 1862, ch. 484, 17; L. 1862, ch. 387, and ch. 484, 7. Com. of Pilots v. Dick, 5 Daly, 391; O'Sullivan v. Reitmeyer, 9 Week. Dig. 39: Boyd v. Howden, 3 Daly, 455; Clarkson v. Mittnacht, 56 How. 323; Evans v. Wood, 15 Abb. 416; Hauger v. Bernstein, 7 Daly, 340; Dalton v. Lough lin, 4 Abb. N. C. 187.

§ 3216. [Amended, 1895.] Removal of certain actions to city court.-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 city court of the city 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 city court, in the action so removed. From the time of the granting of the order, the city court of the city of New York has cognizance of the action; and the clerk of the district court must forthwith deliver to the clerk of said court, 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.

In effect Jan. 1, 1896; L. 1895, ch. 946.

L. 1857, ch. 344. 3, subd. 3. Hogan v. Devlin, 2 Daly, 184; Moon v. Thompson, id. 180; O'Connor v. Moschowitz, 48 How. 451; Salter v. Farkhurst,

§ 3217. When order of arrest may be granted.-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.

Id., 16.

§ 3218. Proceedings thereupon.- An order of arrest

must direct that the summons accompanying it be made returnable, immediately upon the arrest of the defend. ant; 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 sec tion 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.

L. 1857, ch. 344, 22 17-19.

3219. Requisites of certain undertakings. — 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 undertak ing, 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 num ber, or other sufficient identification, of the building where he resides.

Id., part of 21.

§ 3220. [Amended, 1895.] Docketing judgments; execution thereupon.-Sections 3017 to 3022 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 supreme court; 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