the manner, prescribed in articles first and second of title eight of chapter nineteenth of this act. Such appeal shall be heard in such manner and by such justice or justices as the appellate division of the supreme court in the first department shall direct. The appellate court may reverse, affirm or modify the judgment appealed from, and where a judgment is reversed, may order a new trial in the district court. Where a judgment 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 justices' court of the city of Albany, or the justices' 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, as 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.

Am'd by ch. 231 of 1883, and ch. 946 of 1895.

§ 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 unrepealed 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 proceeding in an action brought in either of those courts, or a special proceeding, brought therein, or before a justice thereof, is assimilated, 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.

IN

ARTICLE SECOND.

Provisions Exclusively Applicable to the District Courts of the City of New York.

SEC. 3215. Jurisdiction in civil actions. (Repealed.)

3216. Removal of certain actions to city court. (Repealed.)

3217. When order of arrest may be granted. (Repealed.)

3218. Proceedings thereupon.

3219. Requisites of certain undertakings. (Repealed.)

3220. Docketing judgments; execution thereupon. (Repealed.)

3221. Enforcement of certain judgments in favor of working women. (Repealed.)

3222. Costs in action by working woman. (Repealed)

§ 3215. Jurisdiction in civil actions.

Each district court of the city of New York has jurisdiction of the following civil actions:

I. An action, of which a justice of the peace has jurisdiction, as prescribed in sections 1737. 2861, 2862, and 2863 of this act, including an action against a domestic corporation, or against a foreign corporation having an office in the city of New York, where the sum claimed, or the value of the chattel, or of all the chattels claimed, as stated in the complaint, does not exceed two hundred and fifty dollars; excep: that subdivision third of section 2862, and subdivisions first and fourth of section 2863 of this act do not apply to an action brought in either of those courts.

2. An action to recover a penalty, given by the charter of the city of New York, or any by-law or ordinance of the common council of that city, or to recover a penalty given by a statute of the State; where all the penalties, to recover which the action is brought, do not exceed two hundred and fifty dollars.

3. An action in behalf of the people of the State, brought by the direction of the commissioners of public charities and correction of the city of New York, or of an overseer of the poor, upon a bastardy or abandonment bond, in a case where it is prescribed, by a special statutory provision, that such an action can be maintained in a district court. 4. An action upon the bond of a marshal of that city, in a case where it is prescribed, by a special statutory provision, that such an action can be maintained in a district court.

Neither of those courts has jurisdiction of any civil action, except as prescribed in this section.

From ch. 344 of 1857, § 3, subs. 1 and 2, as amended by ch. 334 of 1858, $5; ch. 484 of 1862, § 17.

Courts of Justices of Peace superseded by Municipal Court.

See $8 1350-1384, Gr. N. Y. Repealed by ch. 580 of 1902. § 3216. Removal of

Char. (ch. 378 of 1897).
In effect Sept. 1, 1902.

certain actions to city court. In an action specified in subdivision first or second of the last section, where the damages claimed, or the value of the chattel or of all the chattels claimed, as stated in the complaint, exceeds one hundred dollars, the defendant may, after issue is joined, and before an adjournment has been granted upon his application, apply to the justice of the court in which the action is brought. for an order removing the action into the city court of the city of New York. Such an order must be granted. upon the defendant's filing with the clerk an undertaking in a sum fixed by the justice, not exceeding twice the amount of the damages claimed, or twice the value of the chattel, or of all the chattels claimed,

tated in the complaint, with one or more sureties, to the effect, at the defendant will pay to the plaintiff the amount of any judgment, t may be recovered against him in the city court, in the action so .noved. 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. From ch. 344 of 1857, § 3, sub. 3.

Am'd by ch. 946 of 1895.

Repealed by ch. 580 of 1902. In effect Sept. 1, 1902.

217. When order of arrest may be granted.

order to arrest the defendant must or may be granted, in an action Lrought in either of those courts, in any case where a warrant of arrest rust or may be issued in such an action, as prescribed in the statutes remaining unrepealed after this chapter takes effect. Such a warrant e'll not hereafter be issued.

From Id., § 16.

ce § 1304, Consol. Act.

Repealed by ch. 580 of 1902. In effect Sept. 1, 1902.

& 3218. Proceedings thereupon.

A order of arrest must diet that the summons accompanying it be made returnable, immediately pon 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.

From Id., §§ 17-19.

§ 3219. Requisites of certain undertakings.

The sum specified in an undertaking, given to procure a warrant 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 of 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.

From Id., § 21.

See 1319, Consol. Act.

Repealed by ch. 580 of 1902. In effect Sept. 1, 1902.

§ 3220. Docketing judgments; execution thereupon. Sections three thousand and seventeen to three thousand and twentytwo 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 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 so filed, is deemed to be a judgment of the supreme court; and that an execution, upon a judgment so docketed, may be issued. at the option of the judg ment creditor, either by the county clerk, directed to the sheriff, or by

the clerk of the district court, directed to a marshal. In the latter case, it must be in the same form, and executed in the same manner, as if the judgment was not so docketed.

§ 3221. Enforcement of certain judgments in favor of working women.

In an action brought in either of those courts, by a female, to recover for services performed by her, if the plaintiff recovers a judgment for a sum not exceeding fifty dollars, exclusive of costs, no property of the defendant is exempt from levy and sale, by virtue of an execution against property issued thereupon, and, if such an execution is returned wholly or partly unsatisfied, the clerk must, upon the application of the plaintiff, issue an execution against the person of the defendant, for the sum remaining uncollected. A defendant, arrested by virtue of an execution so issued against his person, mu be actually confined in the jail, and is not entitled to the liberti theof; but he must be discharged, after having been so confined fifteen days. After his discharge, an execution against his person connot be issued upon the judgment, but the judgment creditor may enforce the judgment against property, as if the execution, from whic's the judgment debtor is discharged, had been returned without his being taken.

From ch. 516 of 1867, §§ 1 and 2, as amended by ch. 33 and ch. 175 of 1878.

See 1405, Consol. Act.

Repealed by ch. 580 of 1902. In effect Sept. 1, 1902.

$ 3222. Costs in action by working woman.

Section 3131 of this act applies to an action therein specified, brought in a district court of the city of New York; and costs must be allowed in such an action as prescribed in that section, in addition to the costs allowed in a district court, by the statutory provisions remaining in force after this chapter takes effect.

From ch. 936 of 1871, § 1.
See 1404, Consol. Act.
Repealed by ch. 580 of 1902.

In effect Sept. 1, 1,

ARTICLE THIRD.

Provisions Exclusively Applicable to the Justices' Courts of Albany and Troy.

SEC. 3223. Jurisdiction in civil actions.

3224. Id.; upon judgment by confession.

3225. Docketing judgments; execution thereupon.

3225a. Application of certain sections to the justices' court of Troy.

§ 3223. Jurisdiction in civil actions.

The justices' court of the city of Albany, and the justices' 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 judgment 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.

From Co. Proc. § 67; ch. 189 of 1866, § 1; ch. 271 of 1834. § 3; ch. 598 of 1870, tit. 2, § 11; ch. 129 of 1872, § 11, and ch. 18 of 1876, § 14.

§ 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 judgment was rendered.

§ 3225a. Application of certain sections, to the justices' court of Troy.

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 fulfill all the duties therein required of the town clerk

Added by ch. 604 of 1897.