Page images
PDF
EPUB

must direct that the summons accompanying it be made returnable, immediately upon the arrest of the defend. ant; 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 sec tion 3183 of this act, apply to an order of arrest, granted in an action in either of those courts ; and to the preceedings 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. L 1857, ch. 344, 42 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 war. rant. 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 num. ber, or other sufficient identification, of the building where he resides. Id., part of 821.

8 3220. (Amended, 1895.] Docketing judgments; execution thereupon.-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 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 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. In effect Jan. 1, 1896; L. 1895, ch. 946. Id., 8€ 48, 51 and 52. $ 3221. Enforcement of certain judginents in favor of working women. - - In an action, brought in either of those courts, by a female, to recover for services per. formed 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 there. apon; 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 can. not be issued upon the judgment, but the judgment creditor may enforce the judgment against property, as if tho execution, from which the judgment debtor is discharged, had been returned without his being taken. L. 1867, ch. 516,82 1 and 2; L. 1878, chs. 33 and 175.

& 3222. Costs in action by working woman.- Section 3131 of this act applies to an action therein speci. fied, 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.

L. 1871, ch. 936, part of $ 1.

ARTICLE THIRD,

PROVISIONS EXCLUSIVELY APPLICABLE TO THE JUSTICES

COURTS OF ALBANY AND TROY.

Sro. 3223. Jurisdiction in civil actions.

3224. Id.; upon judgment by contession.
3225. Docketing judgments ; execution thereupon.

§ 3223, Jurisdiction in civil actions. The justice's court of the city of Albany, and the justice's court of the city of Troy, have jurisdiction, each within the city where the court is located, of an action, of which a jus. tice of the peace has jurisdiction, as prescribed in sec. tions 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 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.

See Code of Proc., 867 ; L. 1866, ch. 189; L. 1834, ch. 271,83; L. 1870, ch. 538, & 11; L 1872, ch. 129, 8 11; L. 1876, ch 18, & 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. New.

§ 3225. Docketing judgments, execution there. upon. - 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.

New.

TITLE V.

The municipal court of the city of Rocrostor. seu. 8226. Provisions of chapter 19 generally applicable to the court

Judges.
29. Jurisdiction in actions upon contract.

[ocr errors][merged small]

$ 3226. Provisions of chapter 19 generally appli. cable 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 takes 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.

L. 1876, ch. 196, part of $4. $ 3227. (Amended, 1881.] Jurisdiction in actions upon contract. — The municipal court of the city of Rochester has jurisdiction of an action to recover damages upon or for breach of a contract, express or im. plied, other than a promise to marry, when the sum claimed does not exceed five hundred dollars. Soe note to last section.

;

CHAPTER XXI.

COSTS AND FEES.

TITLE I-AWARDING AND ENFORCING PAYMENT,

OF COSTS.

TITLE II.FIXING THE AMOUNT OF COSTS.
TITLE III.- SECURITY FOR COSTS.
TITLE IV.- GENERAL PROVISIONS RELATING

FEES.
TITLE V.- SUMS ALLOWED AS FEES.

TO

TITLE I.

Awarding and enforcing payment of costs.

ARTICLE 1. General regulations respecting the awarding of costs.

2. Regulations respecting the awarding of costs in particular 3. Miscellaneous provisions.

cases.

ARTICLE FIRST.

GENERAL REGULATIONS RESPECTING THE AWARDING OF

COSTS.

Sec. 3223. 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.
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 tho

« PreviousContinue »