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PROVISIONS GENERALLY APPLICABLE TO ALL
COURTS SPECIFIED IN THIS TITLE.
Sec. 3207. Service of complaint with summons; proceedings there
3214. Eitect of this act, upon jurisdiction and proceedings. $ 3207. Service of complaint with summons i pro oceedings thereupon. · Section 3126 of this act applies
an action to recover upon or for breach of a con. tract, express or implied, brought in a district court of the city of New York, in the justice's court of the city of Albany, or in the justice's court of the city of 'Troy. L 1857, ch. 344, & 15; L. 1873, ch. 182, 831 and 2.
§ 3208. Id.; anà proof of service. - In an action brought in either of those courts, the summons, and, in 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 empowe ered 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 de. scribed in the summons, as defendant therein. S 2878.
See L. 1873, ch. 182, 231 and 3: L. 1857, ch, 314, 15; L. 1862, ch. 484, 34; L. 1864, ch.569, % 2, and L. 1866, ch. 758.
§ 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.
New. Oakley v. Workingmen's U. B. Soc., 2 Hilt. 487 : Newsrger Campbell, 58 How. 313.
$ 3210. (Amended 1884.] 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. New,
§ 3211. The last section qualified. — The provis. ions 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 juris. diction of either of the courts specified in this title,
2. An order of arrest, in an action brought in the justice's court of Albany, or the justice's 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 tn, 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 só 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 justices, or of the clerks thereof, or regulating the mode of transacting business in an action brought therein. New.
§ 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 sur-ty upon the defendant's undertaking is liable, in the case speri. Bed 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. See Code of Proc., $ 63.
$ 3213. [Amended, 1895.] 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 justice's court of the city of Albany, or the justice's 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
Such an appeal must be taken to the county court of the county wherein the court is located.
In effect Jan. 1, 1896; L. 1895, ch. 946.
New. L. 1857, ch. 344, 2 76. Cushing y. Vanderbilt, 7 Daly, 512; Cur. ley v. Tomlinson, 5 id. 283 ; Bunker v. Latson, 1 E. D. S. 410; Edwards 0. Drew, 211, 55; Schwartz v. Bendel, id. 123; Story v. Bishop, 4 id.423; Meech v. Brown, I llit. 257 ; 4 Abb. 19; Mellhenny v. Wasson, i Daly, 285 ; Schulzer ". Adelson, 8 Week. Diy. 137; Reed v. Warth, 2 Hilt. 281; Fuchs v. Pohlman, 2 Daiv, 210; Langbein r. Weedersunn, i Law Bull. 941 Jackson v. Smith, 16 Abb. 201; 25 IIow. 476; Pultzv. Diossy, 53 id. 270; Romaine ?. Kinsheimer, 2 Hilt. 519; Suydam 1. Munson, 2 E. D. Smith, 198; De Agreda ". Fauserg, 3 id. 178 ; Smith v. Van Brunt, 2 id. 534 Zinsser v. Seiler, 7 Daly, 464.
$ 3214. Effect of this act, upon jurisdiction and proceedings. -Except as otherwise specially prescribed in this title, this act does not affect any statutory pro vision 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 tha clerk, or any other oflicer thereof; or the proceedings therein; except that a provision of this or any other statute, whereby a proceeding in an action, brought ia 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 ninoteenth of this act.
ARTICLE SECOND. PROVISIONS EXCLUSIVELY APPLICABLE TO THE DIS
TRICT COURTS OF THE CITY OF NEW-YORK.
3216. Removal of certain actions to city court.
3222. Costs in action by working woman, $ 32,5. 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 ju. risdiction, 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; 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 or. dinance 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 abandon ment bond, in a case where it is prescribed, by a special wtatutory 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 : district court.
Neither of those courts has jurisdiction of any civil action, except as prescribed in this section.
L. 1857, ch. 344,3, subd. 1 and 2, amended ; L. 1858, ch. 334, 85; L. 1862, ch. 484, 2 17; L. 1862, ch. 387, and ch. 484, 87. Com. of Pilots v. Dick, 5 Daly, 391 ; O'Sullivan v. Reitmeyer, 9 Week. Dig. 39; Boyd v. Howden, 3 Daly, 455; Clarkson 1. Mittnacht, 56 How. 323; Evans o. Wood, 15 Abb. 416; llauger v. Bernstein, 7 Daly, 340; Dalton v. Lough bin, 4 Abb. N. C. 187.
§ 3216. [Amended, 1895.] Removal of 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, as stated in the complaint, with one or more sureties, to the effect, that 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.
In effect Jan. 1, 1896 ; L. 1895, ch. 946.
L. 1857, ch. 314, 83, subd. 3. Hogan , Devlin, 2 Daly, 184; Moon ». Thompson, id. 180; O'Connor v. Moschowitz, 48 How. 451; Salter v. Farkhurst,
§ 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 remainjag unrepealed after this chapter takes effect.
Such a warrant shall not hereafter be issued. Id., $ 16. § 3218. Proceedings thereupon. An order of arrest