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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.
In effect Jan. 1, 1896; L. 1895, ch. 916.
Id., 28 48, 51 and 52.
$3221. Enforcement of certain judgīnents in favor of working women. — In an action, brought in either of those courts, by a female, to recover for services per formed 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 can not 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.
L. 1867, ch. 516, 22 1 and 2; L. 1878, chs. 33 and 175.
3222. Costs in action by working woman.- Section 3131 of this act applies to an action therein speci fied, 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.
L. 1871, ch. 936, part of 1.
PROVISIONS EXCLUSIVELY APPLICABLE TO THE JUSTICES COURTS OF ALBANY AND TROY.
NEC. 3223. Jurisdiction in civil actions.
3224. Id.; upon judgment by confession.
§ 2223. Jurisdiction in civil actions.-The justice's court of the city of Albany, and the justice's court of the city of Troy, have jurisdiction, each within the city where the court is located, of an action, of which a jus tice of the peace has jurisdiction, as prescribed in sections 1737, 2861, 2862, and 2863 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.
See Code of Proc., 67; L. 1866, ch. 189; L. 1834, ch. 271,83; L. 1870, ch. 598, 11; L. 1872, ch. 129, 11; L. 1876, ch 18, § 14.
3224. Id.; upon judgment by confession. — 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. Docketing judgments; execution thereupon. The provisions of 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 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 judgment was rendered.
The municipal court of the city of Rochester.
Sag. 8226. Provisions of chapter 19 generally applicable to the court and
2227. Jurisdiction in actions upon contract.
§ 3226. Provisions of chapter 19 generally appli cable to the court and judges.-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.
L. 1876, ch. 196, part of 4.
§ 3227. [Amended, 1881.] Jurisdiction in actions upon contract. The municipal court of the city of Rochester has jurisdiction of an action to recover damages upon or for breach of a contract, express or im plied, other than a promise to marry, when the sum claimed does not exceed five hundred dollars.
See note to last section.
COSTS AND FEES.
TITLE I.-AWARDING AND ENFORCING PAYMENT,
TITLE II.FIXING THE AMOUNT OF COSTS.
TITLE III.-SECURITY FOR COSTS.
TITLE V.-SUMS ALLOWED AS FEES.
Awarding and enforcing payment of costs.)
ARTICLE 1. General regulations respecting the awarding of costs. 2. Regulations respecting the awarding of costs in particular
3. Miscellaneous provisions.
3232. Interlocutory costs upon issue of law. :
3234. Costs, where there are several issues of fact.
GENERAL REGULATIONS RESPECTING THE AWARDING OF
SEC. 3228. When plaintiff entitled to costs of course.
3231. Costs, where several actions are brought on same instrument
Rule as to two
3235. Id.; after discontinuance upon answer of title.
3237. The foregoing sections limited.
3238. Costs upon appeal from final judgment.
3239. Id.; upon appeal from interlocutory judgment or order.
§ 3228. When plaintiff entitled to costs of course.— 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 arises 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 section 2863 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.
Code of Proc., part of 304. Sheehan v. Huerstel 9 Reporter, 232; Struthers v. Christal, 3 Daly, 327; Lanz v. Trout, 46 How. 94; Warfield v. Watkins, 30 Barb. 395; Wing v. N. Y. & Erie R. R. Co., 1 Hilt. 235; Sturges v. Spofford, 58 N. Y. 103; Keeler v. Van Wie, 49 How. 97; Boughton v. Seamans, 9 Hun, 392; Bogardus v. Rechtmeyer, 3 Abb. 179; Rockfeller v. Weiderwax, 3 How. 382; Powers v. Conroy, 47 id. 84; Keeney v. Ingraham, 66 Barb. 250; Lillis v. O'Connor, 49 How. 497; 8 Hun, 280; DeGraff v. Hoyt, 4 T. & C. 348; Van Wyck v. Baker, 11 Hun, 309; Trust v. Person, 3 Abb. 84; Buchanan v. Morrell, 13 How. 296; People v. N. Y. C. R. R. Co., 28 Barb. 284; Wallace v. Am. Lim. T. Co. 16 Iun, 404; Ryan v. Doyle, 40 How. 215; Warden v. Brown, 14 id. 327; Peet v. Warth, 1 Bos.653; Landsberger v. Magnetic Telegraph Co., 8 Abb. 35; Vowles v. Murray, 50 ow 159; Stoddard v. rke, 9 Abb 310; Gilleland v. Campbell, 18 How. 177; Glackin v. Zeller, 52 Barb. 147, 155; Stillwell v. Staples, 5 Duer, 691; 3 Abb. 365; Griffin v. Brown, 35 How. 372; 53 Barb. 428; Boston Mills v. Eull, 1 Sweeney, 359; 6 Abb. N. S. 319; 37 How. 299; Crim v. Cronkhite, 15 id. 250; Spring Valley Shot and Lead Co. v. Jackson, 2 Sandf. 662; Hoodless v. Brundage, 8 How. 263; Kalt v. Legnot, 3 Abb. 190; 12 Íow. 535; 3 Abb. 33; Pinder v. Stoothoff, 7 Abb. N. S. 433; Chapin v. Cole, 38 How. 481; Meehl v. Senwieckart, 67 Barb. 599; New v. Anthony, 4 Hun, 52; Stone v. Duffy, 3 Sandf, 361; Belding v. Conklin, 4 How. 196; Warner v. Ford, 17 id. 54; Wheeler v. Westgate, 4 id. 469; Cregin v. Brooklyn Crosstown R. R. Co., 19 Hun, 349; Barton v. Speis, 73 N. Y. 133; Bradner v. Howard, 75 id. 417 Whitney v. Daggett, 6 Abb. N. C. 434.
§ 3229. When defendant entitled to costs of course,