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 courts specified in thi 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 thi

title.

Sec. 3207. Service of complaint with summons; proceedings thereupon. 3208. Id.; and proof of service. **

3209. Action to be commenced by service of summons.

3210. Order of arrest; warrant of attachment; requisition to replevy 3211. The last section qualified.

3212. Proceedings where title to real property is in question.

3213. Appeals.

3214. Effect of this act, upon jurisdiction and proceedings.

§ 3207. Service of complaint with summons; proceedings thereupon.

Section 3126 of this act applies to an action to recover upo or for breach of a contract, express or implied, brought in district court of the city of New-York, in the justice's court c the city of Albany, or in the justice's court of the city of Troy. L. 1857, ch. 344, § 15; L. 1873, ch. 182, §§ 1 and 2.

§ 3208. Id.; and proof of service.

In an action brought in either of those courts, the summons and, in a proper case, a copy of the complaint, may be serve by any person not a party to the action; except that, where the action is brought in a district court of the city of New-York. & person, other than a constable or a marshal, serving the same must be first empowered to do so, either by the justice, or br 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 the person mentioned and described in the summons, as defendant therein.

See L. 1873, ch. 182, §§ 1 and 3; L. 1857, ch. 344, § 15: L. 1862, ch. 44 § 14; L. 1864, ch. 569, § 2, and L. 1866, ch. 758; also § 2878, ante.

§ 3209. Action to be commenced by service of summons. An action, brought in either of those courts, at any time after this chapter takes effect, must be commenced by the volunta appearance of, and joinder of issue by, the parties, or by the service of a summons.

§ 3210. [Am'd, 1884.] Order of arrest; warrant of attachment; requisition to replevy.

Articles third, fourth, and fifth of title second of chapter nin teenth of this act apply to an action brought in either of the

*The title is now "City Court of Albany," Laws 1884, ch. 122.

except as otherwise prescribed in the next section. And also, that where the warrant of attachment, or requisireplevy, is issued out of a district court of the city of ork, against a non-resident defendant, the said warrant, isition, must require the marshal to attach or replevy the y, on or before a day therein specified, which must be s than two nor more than four days before the return the summons.

ch. 409.

. The last section qualified. 事

provisions of the last section are subject to the following tions:

thing contained in either of the articles, so made applipplies to an order of arrest, in an action brought in a court of the city of New-York, or affects any provision title, relating to the jurisdiction of either of the courts in this title.,

order of arrest in an action brought in the justice's court ny, or the justice's court of Troy, or a warrant of attachra requisition to replevy, in either of those courts, or in et court of the city of New-York, must be granted by, ected to, and executed by, the officer empowered, by the remaining in force after this chapter takes effect, to execute, as the case requires, in the same court, a wararrest, a warrant of attachment, or a requisition in an O recover a chattel.

e manner of applying for, granting, and executing an farrest, a warrant of attachment, or a requisition to and the proceedings thereupon, and with respect thereto, ribed in the articles so made applicable, are subject to tutes, remaining unrepealed after this chapter takes pecially applicable to those courts, or to either or any , prescribing the duties of the justices, or of the clerks or regulating the mode of transacting business in an rought therein.

2. Proceedings where title to real property is in

n.

is 2951 to 2958 of this act, both inclusive, apply to an rought in either of those courts; except that, where the brought in a district court of the city of New-York, the pon the defendant's undertaking is liable, in the case in section 2952, to any amount, for which judgment ave been rendered by the district court, if the answer ertaking had not been delivered.

Proc., $68.

[Am'd, 1895.] Appeals.

peal from a judgment, rendered in a district court of the New York, may be taken to the supreme court, in the nd in the manner prescribed in articles first and second eight of chapter nineteenth of this act. Such appeal heard in such manner and by such justice or justices ppellate division of the supreme court in the first departall direct. The appellate court may reverse, affirm or he judgment appealed from, and where a judgment is may order a new trial in the district court. Where a t 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 a 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.

L. 1857, ch. 344, § 76; L. 1895, ch. 946.

§ 3214. Effect of this act, upon jurisdiction and proceedings.

Except as otherwise specially prescribed in this title, this act does not affect any statutory provision remaining unrepeale 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 proceed ing in an action, brought in either of those courts, or a specia proceeding, brought therein, or before a justice thereof, is assimi lated, 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. 924 i

ARTICLE SECOND.

ms exclusively applicable to the district courts of the city of New-York.

Jurisdiction in civil actions.

Removal of certain actions to city court.

. When order of arrest may be granted,

Proceedings thereupon.

Requisites of certain undertakings.

Docketing judgments; execution thereupon.

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

. Jurisdiction in civil actions.

district court of the city of New-York has jurisdiction ollowing civil actions:

action, of which a justice of the peace has jurisdiction, ribed in sections 1737, 2861, 2862, and 2863 of this act, g an action against a domestic corporation, or against a corporation having an office in the city of New-York, he sum claimed, or the value of the chattel, or of all the claimed, as stated in the complaint, does not exceed two and fifty dollars; except that subdivision third of section d subdivisions first and fourth of section 2863 of this ot apply to an action brought in either of those courts. action to recover a penalty, given by the charter of the New-York, or any by-law or ordinance of the common of that city, or to recover a penalty given by a statute tate where all the penalties, to recover which the action t, do not exceed two hundred and fifty dollars. action in behalf of the people of the State, brought by etion of the commissioners of public charities and corf the city of New-York, or of an overseer of the poor, bastardy or abandonment bond, in a case where it is d, by a special statutory provision, that such an action aintained in a district court.

action upon the bond of a marshal of that city, in a re it is prescribed, by a special statutory provision, that action can be maintained in a district court.

of those courts has jurisdiction of any civil action, = prescribed in this section.

ch. 344, § 3, subd. 1 and 2, am'd; L. 1858, ch. 334, § 5; L. 1862, 7; L. 1862, ch. 387, and ch. 484, § 7.

[Am'd, 1895.] Removal of certain actions to city

action, specified in subdivision first or second of the on, where the damages claimed, or the value of the r of all the chattels claimed, as stated in the complaint, ne hundred dollars, the defendant may, after issue is nd before an adjournment has been granted upon his n, apply to the justice of the court in which the action t, for an order removing the action into the city court y of New-York. Such an order must be granted, upon dant's filing with the clerk an undertaking, in a sum the justice, not exceeding twice the amount of the claimed, or twice the value of the chattel, or of all the laimed, as stated in the complaint, with one or more o 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.

L. 1857, ch. 344, § 3, subd. 3; L. 1895, ch. 946.

§ 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 s 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 de fendant; and it must specify a sum, in which the defendant may be let to bail. Sections 3179 to 3181, both inclusive, sec tion 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 appli cation for an order of arrest, the granting and execution thereof, and the proceedings subsequent thereto.

Id., §§ 17-19.

§ 3219. Requisites of certain undertakings.

The sum specified in an undertaking, given to procure a war rant 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 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. Id., part of § 21.

§ 3220. [Am'd, 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 pr ceedings 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 s filed, is deemed to be a judgment of the supreme court; and that