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. 3211. The last section qualified.

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.
District Courts, superseded by Municipal Court.

See $1350-1384, Gr. N. Y. Char. (ch. 378 of 1897).
See also, § 1346, Consol. Act.

§ 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 §§ 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, except 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 courts, 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 88 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

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.

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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:

1. 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 demestic 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; except 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 aetion, 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,

stated in the complaint, with one or more sureties, to the effect, at the defendant will pay to the plaintiff the amount of any judgment, that may be recovered against him in the city court, in the action so removed. 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.

§ 3217. When order of arrest may be granted.

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

From Id., 15.

See 1304, Consol. Act.

Revealed by ch. 580 of 1902. In effect Sept. 1, 1992.

§ 3218. Proceedings thereupon.

A order of arrest must dict 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 unrepcaled 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.

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 judgment creditor, either by the county clerk, directed to the sheriff, or by