cution, upon a judgment so docketed, may be issued, at ion of the judgment creditor, either by the county clerk, d to the sheriff, or by the clerk of the district court, d to marshal. In the latter case it must be in the orm, and executed in the same manner, as if the judgment t so docketed.

7, ch. 344, §§ 48, 51 and 52; L. 1895, ch. 946.

1. Enforcement of certain judgments in favor of ng women.

1 action, brought in either of those courts, by a female, ver for services performed by her, if the plaintiff recovers ment for a sum not exceeding fifty dollars, exclusive of o property of the defendant is exempt from levy and sale, ue of an execution against property, issued thereupon; such an execution is returned wholly or partly unsatise clerk must, upon the application of the plaintiff, issue ution against the person of the defendant, for the sum ng uncollected. A defendant, arrested by virtue of an on so issued against his person, must be actually confined jail, and is not entitled to the liberties thereof; but he è discharged, after having been so confined fifteen days. is discharge, an execution against his person cannot be pon the judgment, but the judgment creditor may enforce gment against property, as if the execution, from which gment debtor is discharged, had been returned without g taken.

ch. 516, §§ 1 and 2; L. 1878, chs. 33 and 175.

. Costs in action by working woman. ion 3131 of this act applies to an action therein specified, in a district court of the city of New-York; and costs allowed in such an action, as prescribed in that section, ion to the costs allowed in a district court, by the statuvisions remaining in force after this chapter takes effect. ch. 936, part of § 1. 927

ARTICLE THIRD.

Provisions exclusively applicable to the justices' courts of Alban and Troy.

Sec. 3223. Jurisdiction in civil actions.

3224. Id.; upon judgment by confession.

3225. Docketing judgments; execution thereupon.

§ 3223. Jurisdiction in civil actions.

The justice's court of the city of Albany, and the justice` court of the city of Troy, have jurisdiction, each within the city where the court is located, of an action, of which a justice the peace has jurisdiction, as prescribed in sections 1737, 2801 2862, and 2863 of this act; and also of an action to recover penalty, given by the charter, or a by-law or an ordinance of the common council of that city, where the plaintiff demands jud ment for a sum, not exceeding two hundred dollars. Neither those courts has jurisdiction of any other civil action; but th section does not affect the jurisdiction conferred, by the statute provisions remaining in force after this chapter takes effec upon either of those courts, in a special proceeding.

See Co. Proc., § 67; L. 1866, ch. 189; L. 1834, ch. 271, § 3; L. 17 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 t taking and entry of a judgment, upon the confession of a defent ant, as prescribed in title sixth of chapter nineteenth of this a 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 inda sive, apply to a judgment rendered in either of those cours and to the proceedings subsequent thereto, and in the act wherein the judgment was rendered; except that the transcri filed in the clerk's office of the county wherein the court is locate must be furnished by the clerk of the court, in which the ja ment was rendered.

928

TITLE V.

The municipal court of the city of Rochester.

. Provisions of chapter 19 generally applicable to the court and judges.

Jurisdiction in actions upon contract.

5. Provisions of chapter 19 generally applicable to art and judges.

provisions of chapter nineteenth of this act, excluding nth and eleventh thereof, apply to the municipal court city of Rochester, and to the judges thereof; except so they are inconsistent with the next section, or with any pecial provision of statute, remaining unrepealed after pter takes effect. For the purpose of applying the same, t is deemed a justice's court; each judge thereof is deemed e of the peace; and the city of Rochester is deemed a Monroe county.

ch. 196, part of § 4.

'. [Am'd, 1881.] Jurisdiction in actions upon con.

unicipal court of the city of Rochester has jurisdiction ction to recover damages upon or for breach of a conpress or implied, other than a promise to marry, when claimed does not exceed five hundred dollars.

929 i

TITLE

CHAPTER XXI.

Costs and Fees.

I.-Awarding and Enforcing Payment of Costs.

TITLE II.-Fixing tire Amount of Costs. t:t

TITLE III.-Security for Costs.

TITLE IV.-General Provisions Relating to Fees.

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 cases. 3. Miscellaneous provisions.

ARTICLE FIRST.

General regulations respecting the awarding of costs.

Sec. 3228. When plaintiff entitled to costs of course.

3229. When defendant entitled to costs of course.

more defendants.

3230. When costs are discretionary."

Rule as to two c

3231. Costs, where several actions are brought on same instrument, etc. 3232. Interlocutory costs upon issue of law.

3233. Id.; how collected.

3234. Costs, where there are several issues of fact.

3235. Id.; after discontinuance upon answer of title.

3236. Costs of a motion.

3237. The foregoing sections limited.

3238. Costs upon appeal from final judgment.

3239. Id.; upon appeal from interlocutory judgment or order.
3240. Id.; in a special proceeding.

§ 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, an interest in real property; or in which a claim of title to res 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 fixe together with the damages, if any, awarded to him, is less th 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 fift of section 2863 of this act. But if, in an action to recover dar ages for an assault, battery, false imprisonment, libel, sland criminal conversation, seduction, or malicious prosecution. 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 jud ment for a sum of money only. But the plaintiff is not entitie X or as

930

penalty, in which the people of
party."

the state are a

ts, under this subdivision, unless he recovers the sum of Collars or more.

roc., part of § 304.

9. When defendant entitled to costs of course. Rule two or more defendants.

defendant is entitled to costs, of course, upon the renderfinal judgment, in an action specified in the last section, the plaintiff is entitled to costs, as therein prescribed, here, in such an action against two or more defendants, intiff is entitled to costs against one or more, but not t all of them, none of the defendants are entitled to costs, se. In that case, costs may be awarded, in the discretion court, to any defendant, against whom the plaintiff is not 1 to costs, where he did not unite in an answer, and was ted in interest, with a defendant, against whom the plainntitled to costs.

rt of §§ 305, 306.

0. When costs are discretionary.

t as prescribed in the last two sections, the court may, liscretion, award costs to any party, upon the rendering al judgment.

rt of § 306.

1. [Am'd, 1895.] Costs, where several actions are t on same instrument, etc.

e two or more actions are brought, in a case specified in 454 of this act, or otherwise for the same cause of action, persons who might have been joined as defendants in ion, costs, other than disbursements, cannot be recovered, e final judgment, by the plaintiff, in more than one acich shall be at his election. But this prohibition does ly to a case where the plaintiff joins as defendants, in tion brought, all the persons liable, not previously sued, n, with reasonable diligence, be found within the State; e action is brought in the city court of the city of Newr a county court, within the city or county, as the case where the court is located.

t of § 304. See, also, 2 R. S. 615, § 15 (2 Edm. 638); L. 1895,

Interlocutory costs upon issue of law.

an issue of law and an issue of fact are joined, between e parties to the same action, and the issue of fact redisposed of, when an interlocutory judgment is rendered e issue of law; the interlocutory judgment may, in the n of the court, deny costs to either party, or award costs revailing party, either absolutely, or to abide the event ial of the issue of fact.

. S., § 28.

- Id.; how collected.

à 779 of this act applies to interlocutory costs, awarded ibed in the last section, as if they were costs of a motion.