order are the same, as in an action brought in the county court, except that costs must be awarded, as if the action had remained in the court from which it was removed. § 3201. Service of subpoenas. A subpoena, issued out of either of those courts, may be served upon a witness, at any place within the State. A warrant to apprehend a witness, for a failure to obey such a subpœna, may be directed to the sheriff of the county where the court is located, and executed by him within any county of the State. The sheriff is subject to the same liability, for a failure to serve or return it, as if it was issued out of the supreme court. § 3202. Effect of this title limited. This title does not affect any provision of law conferring upon a judge, or upon the judges, of either of those courts, jurisdiction, power or authority, in an action brought in another court, or in a special proceeding. TITLE III. The city court of Yonkers. SEC. 3203. Jurisdiction in civil actions. 3204. Last section qualified. 3205. Summons, where served. 3206. This title does not affect jurisdiction of the court, etc., in special § 3203. Jurisdiction in civil actions. The jurisdiction of the city court of Yonkers extends to the following civil actions only: 1. An action against a natural person, or against a foreign or domestic corporation, wherein the complaint demands judgment for a sum of money only, or to recover one or more chattels, with or without damages for the taking, withholding, or detention thereof. 2. An action to foreclose or enforce a lien, upon real property in the city of Yonkers, created, as prescribed by statute, in favor of a person who has performed labor, or furnished materials to be used, in erecting, altering, or repairing a building, building lot, or appurtenance thereto, including fences, sidewalks, paving, wells, fountains, fish-ponds, ornamental and fruit trees, and every other improvement to a building or building lot. 3. An action to foreclose or enforce a lien, for a sum not exceeding one thousand dollars, exclusive of interest, upon one or more chattels. From ch. 186 of 1878, § 1. § 3204. Last section qualified. The jurisdiction conferred by the last section is subject to the following limitations and regulations: 1. In an action wherein the complaint demands judgment for a sum of money, only, the sum for which judgment is rendered in favor of the plaintiff cannot exceed one thousand dollars exclusive of interest and costs as taxed; except where it is brought upon a bond or undertaking given in an action or special proceeding in the same court, or before the city judge. Where the action is brought upon a bond or other contract, the judgment must be for the sum actually due, without regard to a penalty therein contained; and where the money is payable in installments, successive actions may be brought for the installments as they become due. 2. In an action to recover one or more chattels a judgment cannot be rendered in favor of the plaintiff for a chattel or chattels, the aggregate value of which exceeds one thousand dollars. 3. The court has not jurisdiction of an action against an executor or administrator in his representative capacity. 4. The court has not jurisdiction of any action, unless one of the parties thereto resides in the city of Yonkers, or in a town of Westchester county, adjoining that city; or a warrant of attachment is granted to accompany the summons, and levied upon property of the defendant within that city; or the action is brought to recover one or more statutory penalties by the city of Yonkers, or one of its officers or boards of commissioners. Such warrant of attachment must be granted and subsequent proceedings taken in accordance with the provisions and requirements herein relating to attachments in courts of justices of the peace. From Id., § 2. Am'd by ch. 494 of 1888. NC PRA § 3205. Summons, where served. The summons, in an action brought in the court, may be served at any place within the county of Westchester, but not elsewhere. From Id., § 3. § 3206. This title does not affect jurisdiction of the court, etc., in special proceedings. This title does not affect any provision of law, conferring upon the court, or upon the city judge of Yonkers, jurisdiction, power, or authority, in a special proceeding; or conferring upon the city judge of Yonkers power or authority, in an action brought in another court. 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 this 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 this 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. 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 upon or for breach of a contract, express or implied, brought in a district court of the city of New York, in the justices' court of the city of Albany, or in the justices' court of the city of Troy. From ch. 344 of 1857, § 15; ch. 182 of 1873, §§ 1 and 2. Name changed to City Ct. of Albany, by ch. 122 of 1884. See 1350-1384, Gr. N. Y. Char. (ch. 378 of 1897). § 3208. Id.; and proof of service. In an action brought in either of those courts, the summons, and ir a proper case, a copy of the complaint, may be served 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, a person, other than a constable or a marshal, serving the same, must be first empowered to do so, either by the justice, or by 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 be the person mentioned and described in the summons, as defendant therein. From ch. 182 of 1873, §§ 1 and 3; ch. 344 of 1857, § 15; ch. 484 of 1862, § 14, as amended by ch. 569 of 1864, § 2, and modified by ch. 758 of 1866. See 2878. See also, § 1297, 1300, 1307, Consol. Act. § 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 voluntary appearance of, and joinder of issue by, the parties, or by the service of a summons. See 88 1296, 1298, 1299, Consol. Act. $ 3210. Order of arrest; warrant of attachment; requisition to replevy. Articles third, fourth, and fifth of title second of chapter nineteenth of this act apply to an action brought in either of those courts, excep as otherwise prescribed in the next section. And except, also, that where the warrant of attachment or requisition to replevy, is issued out of a district court of the city of New York, against a non-resident defendant, the said warrant or requisition, must require the marshal to attach or replevy the property, on or before a day therein specified, which must be not less than two nor more than four days before the return day of the summons. Am'd by ch. 409 of 1884. See $1302-1305, Consol. Act. § 3211. The last section qualified. The provisions of the last section are subject to the following qualifications: 1. Nothing contained in either of the articles, so made applicable, applies to an order of arrest, in an action brought in a district court of the city of New York, or affects any provision of this title, relating to the jurisdiction of either of the courts specified in this title. 2. An order of arrest in an action brought in the justices' court of Albany, or the justices' court of Troy, or a warrant of attachment, or a requisition to replevy, in either of those courts, or in a district court of the city of New York. must be granted by, and directed to, and executed by, the officer empowered, by the statutes, remaining in force after this chapter takes effect, to grant or execute. as the case requires, in the same court, a warrant to arrest. a warrant of attachment, or a requisition in an action to recover a chattel. 3. The manner of applying for, granting, and executing an order of arrest, a warrant of attachment, or a requisition to replevy, and the proceedings thereupon, and with respect thereto, as prescribed in the articles so made applicable, are subject to the statutes. remaining unrepealed after this chapter takes effect, specially applicable to those cour's, or to either or any of them, prescribing the duties of the justice, or of the clerks thereof, or regulating the mode of transacting business in an action brought therein. See §§ 1316-1329, Consol. Act. § 3212. Proceedings where title to real property is in question. Sections 2951 to 2958 of this act, both inclusive, apply to an action, brought in either of those courts; except that, where the action is brought in a district court of the city of New York, the surety upon the defendant's undertaking is liable, in the case specified in section 2952, to any amount, for which judgment might have been rendered by the district court, if the answer and undertaking had not been delivered. From Co. Proc. § 68. See 1350, Consol. Act. § 3213. Appeals. An appeal from a judgment rendered in a district court of the city of New York may be taken to the supreme court, in the cases, and in |