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. From Id., §§ 48, 51, 52. Am'd by ch. 946 of 1895. Repealed by ch. 580 of 1902. In effect Sept. 1, 1902. § 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, must be actually confined in the jail, and is not entitled to the liberties thereof; but he must be discharged, after having been so confined fifteen days. After his discharge, an execution against his person cannot be issued upon the judg ment, but the judgment creditor may enforce the judgment against property, as if the execution, from which 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 Repealed by ch. 580 of 1902.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. ARTICLE THIRD. Provisions Exclusively Applicable to the Justices' Courts of 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. TITLE V. The municipal court of the city of Rochester. SEC. 3226. Provisions of chapter nineteen generally applicable to the court and judges. 3227. Jurisdiction in actions upon contract. 3226. Provisions of chapter nineteen generally applicable to the court and judges. The provisions of chapter nineteenth of this act, excluding titles tenth and eleventh thereof, apply to the municipal court of the city of Rochester, and to the judges thereof; except so far as they are inconsistent with the next section, or with any other special provision of statute, remaining unrepealed after this chapter taking effect. For the purpose of applying the same, the court is deemed a justice's court; each judge thereof is deemed a justice of the peace; and the city of Rochester is deemed a town of Monroe county. From ch. 196 of 1876, part of § 4; ch. 192 of 1877; ch. 415 of 1878, § 8, and ch. 230 of 1879. § 3227. Jurisdiction in actions upon contract. The municipal court of the city of Rochester has jurisdiction of an action to recover damages upon or for a breach of contract, express or implied, other than a promise to marry, when the sum claimed does not exceed five hundred dollars. Am'd by ch. 601 of 1881. From Id. TITLE CHAPTER XXI. Costs and Fees. I-Awarding and enforcing payment of costs. TITLE II.-Fixing the amount of costs. TITLE III.-Security for costs. TITLE IV.-General provisions relating to fees. TITLE I. Awarding and enforcing payment of costs. ARTICLE 1. General regulations respecting the awarding of costs. 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. Rule as to two or more defendants. 3230. When costs are discretionary. 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. COST 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, or an interest in real property; or in which a claim of title to real 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 fixed, together with ON the damages, if any, awarded to him,is less than 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 fifth of section twenty-eight hundred and sixty-three of this act. But if, in an action to recover damages for an assault, battery, false imprisonment, libel, slander, criminal conversation, seduction, or malicious prosecution; or a fine or penalty in which the people of the state are a party, the plaintiff recovers less than fifty dollars damages, the amount of his cost 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 judgment for a sum of money only. But the plaintiff is not entitled to costs, under this subdivision, unless he recovers the sum of fifty dollars or more. 5. In all actions hereafter brought in the supreme court, triable in the county of New York or the county of Kings, which could have been brought, except for the amount claimed therein, in the city court of the city of New York or the county court of Kings county, and in which the defendant shall have been personally served with process within the counties of New York or Kings, the plaintiff shall recover no costs or disbursements unless he shall recover five hundred dollars or more; and in all actions hereafter brought in the city court of the city of New York or the county court of Kings county, which could have been brought, except for the amount claimed therein, in the municipal court of the city of New York, and in which the defendant shall have been personally served with process within the city of New York, the plaintiff shall recover no costs or disbursements unless he shall recover two hundred and fifty dollars or more. The fact that in any action a plaintiff is not entitled to costs under the provisions of this subdivision shall not entitle the defendant to costs under the next following section. From Co. Proc. part of $304. In effect Sept. 1, 1904. § 3229. When defendant entitled to costs of course. Rule as to two or more defendants. The defendant is entitled to costs, of course, upon the rendering of a final judgment, in an action specified in the last section, unless the plaintiff is entitled to costs, as therein prescribed. But where, in such an action against two or more defendants, the plaintiff is entitled to costs against one or more, but not against all of them, none of the defendants are entitled to costs, of course. In that case, costs may be awarded, in the discretion of the court, to any defendant, against whom the plaintiff is not entitled to costs, where he did not unite in an answer, and was not united in interest, with a defendant, against whom the plaintiff is entitled to costs. From Co. Proc. §§ 305 and 306, as amended in 1851. § 3230. When costs are discretionary. Except as prescribed in the last two sections the court may, upon the rendering of a final judgment, in its discretion award costs to any party in such sum not exceeding the total amount authorized by statute as to the court shall seem just. From Co. Proc. § 306. 1 Am'd by ch. 181 of 1900. § 3231. Costs, where several actions are brought on same instruments, etc. Where two or more actions are brought, in a case specified in section four hundred and fifty-four of this act, or otherwise for the same cause of action, against persons who might have been joined as defendants in one action, costs, other than disbursements, cannot be recovered, upon the final judgment, by the plaintiff. in more than one action, which shall be at his election. But this prohibition does not apply to a case where the plaintiff joins as defendants, in each action brought, all the persons liable, not previously sued, who can with reasonable diligence, be found within the state; or, if the action is brought in the city court of the city of New York, or a county court, within the city or county, as the case may be, where the court is located. From Co. Proc. § 304, last sentence, remodeled; and 2 R. S. 615, Part 3, ch. To, tit. 1, § 15 (2 Edm. 638). Am'd by ch. 946 of 1895. § 3232. Interlocutory costs upon issue of law. Where an issue of law and an issue of fact are joined, between the same parties to the same action, and the issue of fact remains undis |