ARTICLE SECOND. Provisions exclusively applicable to the district courts of the city of New-York. Sec. 3215. Repealed, 1902. See the Municipal Court Act of New York city. 3216. Repealed, 1902. See the Municipal Court Act of New York city. 3217. Repealed, 1902. See the Municipal Court Act of New York city. 3218. Proceedings thereupon. 3219. Repealed, 1902. See the Municipal Court Act of New York city. 3220. Repealed, 1902. See the Municipal Court Act of New York city. 3221. Repealed, 1902. See the Municipal Court Act of New York elty. 3222. Repealed, 1902. See the Municipal Court Act of New York city. 3215. Repealed, 1902. See the Municipal Court Act of New York city. $3216. Repealed, 1902. See the Municipal Court Act of New York city. § 3217. Repealed, 1902. See the Municipal Court Act of New York city. § 3218. Proceedings thereupon. 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. Id., §§ 17-19. 3219. Repealed, 1902. See the Municipal Court Act of New York city. $3220. Repealed, 1902. See the Municipal Court Act of New York city. 3221. Repealed, 1902. See the Municipal Court Act of New York city. 3222. Repealed, 1902. See the Municipal Court Act of New York city. 925-927 ARTICLE THIRD. Provisions exclusively applicable to the justices' courts of Albany and Troy. Sec. 8223. Jurisdiction in civil actions. 3224. Id.; upon judgment by confession. 3225. Docketing judgments; execution thereupon. § 8223. 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 justice 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 judg ment 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 Co. Proc., § 67; L. 1866, ch. 189; L 1834, ch. 271, § 3; L. 1870, ch. 598, § 11; L. 1872, ch. 129, § 11; L. 1876, ch. 18, § 14. See L. 1898, ch. 312; L 1899, ch. 590. § 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 judg ment was rendered. § 8225a. [Added, 1897.] Application of certain sections. The provisions of sections twenty-nine hundred and ninety to thirty hundred and nine of this act, both inclusive, apply to the justices' court of the city of Troy, except that the city clerk of the city of Troy shall fulfil all the duties therein required of the town clerk. L. 1897, ch. 604. In effect Sept. 1, 1897. 928 TITLE V. The municipal court of the city of Rochester. Sec. 3226. Provisions of chapter 19 generally applicable to the court and judges. 3227. Appeals. § 3226. [Am'd, 1907.] Provisions of chapter 19 generally applicable to the court and judges. The provisions of chapter nineteenth of this act, excluding section three thousand sixty-three, excluding article three of title eight, and 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 the charter of the city of Rochester or with any other statute applying to said court or the judges thereof as now existing or hereafter amended. 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; L. 1907, ch. 754. In effect Jan. 1, 1908. § 3227. [Added, 1907.] Appeals. The Appeals may be taken to the county court of Monroe county from judgments and orders of the municipal court of the city of Rochester and from orders of the judges thereof as provided in article two of title eight of chapter nineteenth of this act, and the provisions thereof, except section three thousand sixty-three, apply to such appeals, except as herein expressly modified. appeal must be heard on the return or a certified copy thereof, and may be brought on for hearing in the county court in the same manner and on the same notice as motions are or may be brought on for hearing in said court, or may be put on the calendar of said court as provided in section three thousand sixtytwo of this act. The county court and other appellate courts on such appeals must render judgment according to the justice of the case, without regard to technical errors or defects which do not affect the merits, and may affirm or reverse, wholly or partly, or modify, the judgment or order appealed from for errors of law or of fact or because the judgment is excessive or insufficient or contrary to the evidence or contrary to law, and may, if necessary or proper, grant a new trial or hearing in the municipal ourt of the city of Rochester or before a judge thereof, as may be proper, at a time designated by it, and thereupon the municiDal court or judge must proceed, and adjournments may be granted, a jury trial demanded, and all other proceedings taken is if the action or proceeding had been commenced anew. copy of the judgment or order granting a new trial or hearing must be served by the party entering it on the opposite party or bis attorney at least two days before the time set for the new rial or hearing. When a new trial or hearing is granted the ippellate court may in its discretion award costs of the appeal o either party absolutely or to abide the event. LA 1907, ch. 754. In effect Jan. 1, 1908. A each action brought, all the persons liable, not previously su who can, with reasonable diligence, be found within the Sta or, if the action is brought in the city court of the city of Ne York, or a county court, within the city or county, as the c may be, where the court is located. Id., part of § 304. See, also, 2 R. S. 615, § 15 (2 Edm. 638); L. 15 ch. 946. § 3232. Interlocutory costs upon issue of law. Where an issue of law and an issue of fact are joined, beta the same parties to the same action, and the issue of fact mains undisposed of, when an interlocutory judgment is rend upon the issue of law; the interlocutory judgment may, in discretion of the court, deny costs to either party, or award c to the prevailing party, either absolutely, or to abide the ev of the trial of the issue of fact. See 2 R. S., § 28. § 3233. Id.; how collected. Section 779 of this act applies to interlocutory costs, awa as prescribed in the last section, as if they were costs of a mot § 3234. Costs, where there are several issues of fact. In an action specified in section 3228 of this act, wherein complaint sets forth separately two or more causes of act upon which issues of fact are joined, if the plaintiff recovers one or more of the issues, and the defendant upon the othe others, each party is entitled to costs against the adverse p unless it is certified that the substantial cause of action was same upon each issue; in which case, the plaintiff only is ent to costs. Costs, to which a party is so entitled, must be incl in the final judgment, by adding them to, or offsetting t against, the sum awarded to the prevailing party; or other as the case requires. But this section does not entitle a plai to costs, in a case specified in subdivision fourth of section of this act, where he is not entitled to costs, as prescribed in t subdivision. See 2 R. S. 617, § 26 (2 Edm. 641). § 3235. Id.; after discontinuance upon answer of title. Where an action, brought before a justice of the peace, o a district court of the city of New-York, or a justice's cour a city, has been discontinued, as prescribed by law, upen delivery of an answer, showing that title to real property' come in question; and a new action, for the same cause. been commenced in the proper court; the party in whose fa final judgment is rendered in the new action, is entitled to c except that, where final judgment is rendered therein, in f of the defendant, upon the trial of an issue of fact, the plai is entitled to costs, unless it is certified, that the title to property came in question on the trial. Co. Proc., § 60 and 61. § 3236. Costs of a motion. Costs upon a motion in an action, where the costs thereof not specially regulated in this act, or upon a reference pursuant to sections 623, 624, 827, or 1015 of this act, ma; . c. 21, t. 1, a. 1 COSTS. But the plaintiff is not entitled to costs, under this subdivision, unless he recovers the sum judgment for a sum of money only. of fifty dollars or more. Co. Proc., part of § 304. In all actions hereafter brought in the 5. [Added, 1904.] supreme court, triable in the county of New York or the county of Kings, which could have been brought, except for the amount claimed therein, in the city court of the city of New York or the county court of Kings county, and in which the defendant shall have been personally served with process within the counties of New York or Kings, the plaintiff shall recover no costs or disbursements unless he shall recover five hundred dollars or more; and in all actions hereafter brought in the city court of the city of New York or the county court of Kings county, which could have been brought, except for the amount claimed therein, in the municipal court of the city of New York, and in which the defendant shall have been personally served with process within the city of New York, the plaintiff shall recover no costs or disbursements unless he sball recover two hundred and fifty dollars or more. The fact that in any action a plaintiff is not entitled to costs under the provisions of this subdivision shall not entitle the defendant to costs under the next following section.. L. 1904, ch. 557. In effect Sept. 1, 1904. § 3229. When defendant entitled to costs of course. Rule as to two or more defendants. The defendant is entitled to costs, of course, upon the renderng of final judgment, in an action specified in the last section, nless the plaintiff is entitled to costs, as therein prescribed. But where, in such an action against two or more defendants, he plaintiff is entitled to costs against one or more, but not against all of them, none of the defendants are entitled to costs, f course. In that case, costs may be awarded, in the discretion of the court, to any defendant, against whom the plaintiff is not entitled to costs, where he did not unite in an answer, and was ot united in interest, with a defendant, against whom the plainiff is entitled to costs. Id.. part of §§ 305, 306. § 3230. [Am'd, 1900.] When costs are discretionary. Except as prescribed in the last two sections, the court may, pon the rendering of a final judgment, in its discretion award osts to any party in such sum not exceeding the total amount uthorized by statute as to the court shall seem just. Id., part of 306; L. 1900, ch. 181. In effect October 1, 1900. 3231. [Am'd, 1895.] Costs, where several actions are rought on same instrument, etc. Where two or more actions are brought, in a case specified in ection 454 of this act, or otherwise for the same cause of action, gainst persons who might have been joined as defendants in ne action, costs, other than disbursements, cannot be recovered, the final judgment, by the plaintiff, in more than one acBut this prohibition does ion, which shall be at his election. ot apply to a case where the plaintiff joins as defendants, in pon 931 |