§ 3180. Id.; bail or deposit before return. The defendant may give bail, by delivering to the sheriff a written undertaking to the plaintiff, in the sum specified in the order of arrest, executed by one or more sureties, to the effect that the defendant will attend in person at the opening of the court, at the chambers thereof, on the next day thereafter when it is there in session; or he may deposit with the sheriff the sum specified in the order of arrest. In either case, the sheriff must forthwith release him from custody. Id. § 3181. The same. Where bail is given, as prescribed in the last section, the officer taking the acknowledgment of the undertaking, must, if the sheriff so requires, examine under oath, to a reasonable extent, the persons offering to become bail, concerning their property and their circumstances. The defendant may give bail, or make the deposit, immediately upon his arrest, at any hour of the day or night; and he must have reasonable opportunity to seek for and to procure bail, before being committed to jail. Where a deposit is made, the money deposited must, before the expiration of the next day thereafter, not being Sunday or a public holiday, be paid, by the sheriff, into court, to the credit of the action, as prescribed in section 3164 of this act. Id. § 3182. Id.; bail or deposit after return. At any time after the return of the sheriff, and before final judgment, a justice of the court may admit a defendant in custody to bail, or allow him to make a deposit; and may direct his release, upon his giving bail or making the deposit accordingly. The sum to be deposited, or the sum specified in the undertaking of the bail, must be fixed, and the sureties in the undertaking must be approved, by the justice; who must be satisfied, by their examination, or by other proof, respecting their sufficiency. The undertaking must be to the effect that the defendant will, at all times, render himself amenable to any mandate which may be issued, to enforce a final judgment against him in the action. Article fourth of title first of chapter seventh of this act, applies, where bail is given as prescribed in this or the last section. Id. defendant to remain in 3183. Id.; when and how custody. Unless bail is given, or a deposit is made, as prescribed in the last three sections, the defendant must remain in the jail by virtue of the order of arrest, until final judgment in the action; and, if the judgment is against the defendant, until the return of an execution against property, issued thereupon. But the court must direct him to be brought into court, at the time of the trial; and it may, in its discretion, direct him to be brought into court at any other time. In either case, he must be taken from the jail, and brought into court accordingly. Id. § 3184. Id.; return of summons, etc. The sheriff, after serving the summons and executing the order of arrest, must make a full return of his proceedings thereupon, to the court at chambers. The return must be made forth with, unless the court is not then in session at chambers; in which case, it must be made immediately after the opening of the court, on the first day thereafter, when it is there in session. If the defendant has given bail, the undertaking of the bail must be returned, to be delivered to the plaintiff when the court so directs. Id. § 3185. Id.; proceedings after return. Unless both parties sooner appear, the court must wait one hour after the return; or, if the defendant has given bail, one hour after the opening of the court. As soon after the parties appear, or after the expiration of the hour, as the business upon which the court is then engaged will permit, the court must take up the cause. If the plaintiff does not then appear, a judgment dismissing the complaint, with costs, must be rendered. If the defendant does not then attend in person, the plaintiff must then make his complaint, and the defendant's default must be entered. If the plaintiff appears and the defendant attends in person, the pleadings must then be made, and issue must be joined. The pleadings may be oral or written; if they are oral, the clerk must enter the substance thereof in the minutes. If either party desires a trial by a jury, he must demand the same, at the time of the joinder of issue; otherwise the issue must be tried by the court, without a jury. Id. § 3186. Id.; trial. Where a trial by jury is duly demanded, the court at chambers must direct the issue to be tried, at a trial term, upon such notice as it deems proper, or without notice; it may also direct that the action have a preference upon the day calendar, either generally or for a particular day; and it may give such direction as it deems proper, with respect to filing a note of issue. Where a trial by jury is not duly demanded, or where the defendant is in default, the evidence must then, or at such subsequent time, either at chambers or at a trial term or special term, as the court at chambers appoints, be given; and thereupon final judgment must be rendered. But the issue must be appointed to be tried, within six days after the joinder thereof, unless both parties assent to a longer time; or a trial by jury is demanded, and there is no term of the court, at which it can be had, within that time. The trial cannot be adjourned, without the consent of both parties, beyond three calendar months from the joinder of issue. Id. § 3187. Ordinary action may be brought for like cause. This article does not prevent the plaintiff from commencing, and conducting in the ordinary manner, an action, for a cause specified in subdivision second of section 317 of this act. New. 917 ARTICLE FOURTH. Appeals. Bec. 8188. Appeal from a judgment. 3189. Id.; from an order. 8190. Time to appeal and proceedings thereupon. 3191. Appeal to the appellate division of the supreme court; in what cases. 3192. Id.; proceedings regulated. 3193. Id.; within what time. 8194. Id. determination upon appeal, how enforced. Id.; where new trial was properly granted. 3194a. Appeals from the city court of the city of New York. § 3188. [Am'd, 1895, 1902.] Appeal from a judgment. An appeal, to the supreme court may be taken from a final or interlocutory judgment rendered in the city court of the city of New York in a case where an appeal may be taken to the appellate division of the supreme court from a final or interlocutory judgment rendered in the supreme court, as prescribed in section 1346 and section 1349 of this act. From L. 1853, c. 617, § 5; L. 1872, c. 629, § 11. Am'd by L. 1895, c. 946; L. 1902, c. 515 (in effect Sept. 1, 1902). $3189. [Am'd, 1895, 1902.] Id.; from an order. An appeal to the supreme court may also be taken from an interlocutory judgment rendered, or an order made at chambers, or at a special term or a trial term of said city court, or from an order made by a judge thereof out of court, in a case where an appeal may be taken to the appellate division of the supreme court from an interlocutory judgment rendered, or an order made, in like manner, as prescribed in sections 1347, 1348, 1349 of this act. Upon such an appeal the supreme court shall have full power to review any exercise of discretion by the court or judge below. From L. 1872, c. 629, § 10. Am'd by L. 1895, c. 946; L. 1902, c. 515 (In effect Sept. 1, 1902). 3190. [Am'd, 1902.] thereupon. Time to appeal and proceedings An appeal, authorized by either of the last two sections, must be taken within ten days after service of a copy of the judgment or order appealed from, and a written notice of the date of the entry thereof. In every other respect, titles first, third and fourth of chapter twelfth of this act, so far as the same are applicable thereto, apply to and govern an appeal, taken as prescribed in either of the last two sections. . From L. 1872, c. 629, §§ 9, 10. Am'd by L. 1902, c. 515 (in effect Sept. 1, 1902). § 3191. [Am'd, 1882, 1895, 1902.] Appeal to the appellate division of the supreme court; in what cases. An appeal to the appellate division of the supreme court in the first judicial department may be taken from the judgment or order entered upon the determination of an appeal taken as prescribed in section 3188 and 3189 of this act, provided such appeal be allowed by order made at the term at which such appeal was determined or at the term next after judgment is entered upon such determination and provided further that, where such appeal is from an order granting a new trial upon a case or exceptions, the appellant must, with his application for leave to appeal, file an assent on his part that, if the order is affirmed, judgment absolute may be rendered against him. From Co. Proc., § 352; L. 1874, c. 545, § 9. Am'd by L. 1882, e. 399; E 1895, c. 946; L. 1902, c. 515 (in effect Sept. 1, 1902). § 3192. [Am'd, 1902.] Practice and proceedings on appeal to appellate division of supreme court. Titles first, third and fourth of chapter twelve of this act, so far as the same are applicable thereto, apply to and govern an appeal, taken as prescribed in the last section, except as otherwise expressly prescribed in the next two sections. New. Am'd by L. 1902, c. 515 (in effect Sept. 1, 1902). 3193. [Am'd, 1895, 1902.] Id.; within what time taken. An appeal, authorized by section 3191 of this act, must be taken within twenty days after the service of a copy of the order allowing such appeal and a written notice of the date of the entry thereof. Am'd by L. 1895, c. 946; L. 1902, c. 515 (in From L. 1874, c. 545, § 9. effect Sept. 1, 1902). § 3194. [Am'd, 1902.] Id.; determination apon appeal, how enforced. Id.; where new trial was properly granted. The judgment or order of the appellate court must be remitted to the court below, to be enforced according to law. Upon an appeal from an order granting a new trial, on a case or exceptions, if the appellate court determines that no error was committed in granting the new trial, it must render judgment absolute upon the right of the appellant; and thereupon an assessment of damages, or any other proceedings, requisite to render the judgment effectual, may be had in the city court of the city of New York. Am'd by L. 1902, c. 515 (in effect From L. 1875, c. 479, § 43, subds. 2, 3. Sept. 1, 1902). § 3194a. [Added, 1904.] Appeals from the city court of the eity of New York. Where, on an appeal from a judgment or order taken as prescribed in article fourth of title first of chapter twenty of this act, a party shall present to the clerk a printed copy of the judgment roll or order appealed from, it shall be the duty of the clerk, as required, to compare and certify the same, for which service the clerk must receive, for the use of the city of New York a fee at the rate of one cent per folio. Where the attorneys for all the parties interested, other than parties in default, or against whom a judgment or a final order has been taken, and is not appealed from, stipulate in writing that a paper is a copy of any paper whereof a certified copy is required by any provisions of this act, the stipulation takes the place of a certificate, as to the parties so stipulating, and the clerk is not required to certify the same, or And the paper so proved by stipuentitled to any fees therefor. lation shall be received by the clerks of all the courts and by the courts and shall be used or filed with the same force and effect as if certified by a clerk of the court. Added by L. 1904, c. 430 (in effect Sept. 1, 1904). § 3195. [Repealed by L. 1895, c. 946 (in effect Jan. 1, 1896).] 919 TITLE II. The mayor's court of the city of Hudson, and the recorders' courts of the cities of Utica and Oswego. Sec. 3196. Civil jurisdiction prescribed. 3197. Certain pending actions, etc., transferred to supreme court. 3198. Id.; certain papers, etc., to be transmitted to county clerk. 3199. Power of supreme court, in actions, etc., so transferred. 3200. Proceedings in case of judge's disability. 3201. Service of subpoenas. 3202. Effect of this title limited. § 3196. Civil jurisdiction prescribed. The civil jurisdiction of the mayor's court of the city of Hudson, the recorder's court of the city of Utica, and the recorder's court of the city of Oswego, extends only to an action whereof jurisdiction is expressly conferred upon the court, by a provision of a statute incorporating, or otherwise specially relating to the government of, the city wherein the court is located. See Co. Proc., § 33. § 3197. Certain pending actions, etc., transferred to supreme court. Every civil action, now pending in either of those courts, other than an action specified in the last section, is hereby transferred to the supreme court; and the subsequent proceedings therein, before and after the judgment, must be the same, as if the action had been commenced in the supreme court. New. § 3198. Id.; certain papers, etc., to be transmitted to county clerk. All judgment-rolls, and other records, and all books and papers, relating exclusively to civil actions, other than an action specified in the last section but one, now remaining in either of those courts, must be delivered by the clerk thereof, or, if there is no clerk, by the judge or other officer, having the custody thereof, to the clerk of the county in which the court is located, to be preserved among the records of his office. The expense of so doing is a county charge. New. 3199. Power of supreme court, in actions, etc., so transferred. The supreme court may review, enforce, vacate, or amend a final judgment heretofore rendered by either of those courts, in a civil action, other than an action specified in section 3196 of this act, with like power and effect, as the court in which it was commenced might have so done, if this act had not been passed. Now. { 8200. Proceedings in case of judge's disability. The county court of the county in which either of those courts is located, may, by an order, remove to itself an action of which either of those courts has jurisdiction, as prescribed in section 3196 of this act, upon proof, by affidavit, that the judge thereof is, for any cause, incapable of acting, either generally or in the particular action. Sections 344, 345, and 346 of this act apply to such an order of removal, and to the proceedings subsequent thereto. The proceedings subsequent to the order are the same, |