[So much of L. 1857, ch. 344, § 21, as is not elsewhere provided for in this title; amended by adding all of the second sentence, following the word "New-York."] ART. 2. judg ment; there § 3220. Sections 3017 to 3022 of this act, both inclusive, apply Docketing to a judgment rendered in either of those courts, and to the pro- execution ceedings subsequent thereto, and in the action wherein it was ren- upon. dered; 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 court of common pleas for the city and county of New-York; 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. (*) [The provisions, to which the first clause of this section refers, are contained in ch. 19, ante; and relate to the docketing of judgments of justices of the peace, and the enforcement of judgments so docketed. The remainder of the section has been taken from L. 1857, ch. 344, §§ 48, 51, and 52, without substantial change in their meaning.] ment of judgments in favor of women. § 3221. In an action, brought in either of those courts, by a Enforcefemale, to recover for services performed by her, if the plaintiff re- certain covers a judgment for a sum not exceeding fifty dollars, exclusive working 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 judgment, but the judgment creditor may enforce the judgment against property, as if the execution, from which the judgment debtor is dis charged, had been returned without his being taken. [19] 145 TITLE 4. Costs in action by [From L. 1867, ch. 516, §§ 1 and 2, condensed; as amended by L. 1878, ch. 33 and 175; but without material change of meaning, except that the final sentence has been added. See § 3167, ante. ] § 3222. Section 3131 of this act applies to an action therein speciworking 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. [So much of L. 1871, ch. 936, § 1 (9 Edm. 255), as relates to the district courts, revised and amended, in accordance with § 3131, ante, and as explained in the note to that section.] Jurisdiction in civil actions. ARTICLE THIRD. PROVISIONS EXCLUSIVELY APPLICABLE TO THE JUSTICES' COURTS OF ALBANY PRELIMINARY NOTE.- The statutes, relating to the civil jurisdiction and powers of these courts, are the following: The justices' court of Albany: L. 1821, ch. 47; 2 R. S., 224, Part 3, ch. 2, tit. 3; L. 1841, ch. 156; L. 1844, ch. 347; L. 1845, ch. 16 and ch. 207; L. 1848, ch. 70; L. 1851, ch. 86; L. 1855, ch. 196; L. 1856, ch. 184; L. 1867, ch. 56; L. 1871, ch. 337; L. 1873, ch. 182. The justices' court of Troy: 2 R. S., 224, Part 3, ch. 2, tit. 3, L. 1834, ch. 271; L. 1844, ch. 198; L. 1845, ch. 207; L. 1848, ch. 56 and 113; L. 1849, ch. 340; L. 1866, ch. 189; L. 1870, ch. 598; L. 1872, ch. 129. L. 1876, ch. 18, § 4.(*) SEC. 3223. Jurisdiction in civil actions. 3224. Id.; upon judgment by confession. 3225. Docketing judgments; execution thereupon. 11; § 3223. 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 penalty, given by the charter, or a by-law or an ordinance of th common council of that city, where the plaintiff demands judgmen for a sum, not exceeding two hundred dollars. Neither of thos courts has jurisdiction of any other civil action; but this sectio does not affect the jurisdiction conferred, by the statutory provision (a) See, also, "An act in relation to the justices court of the city of Albany”, etc., 1881, ch. 438, modifying in several particulars so much of this chapter as applies to that cou remaining in force after this chapter takes effect, upon either of those courts, in a special proceeding.(") [This section supersedes the former statutes, defining the jurisdiction of these courts in civil actions. See Co. Proc., § 67, applicable to both courts, and superseding all former enactments relating to their jurisdiction; L. 1866, ch. 189, § 1, relating to the justices" court of Troy; and L. 1834, ch. 271, § 3, revived and made applicable to the same court, by L. 1870, ch. 598, tit. 2, § 11; L. 1872, ch. 129, § 11; and L. 1876, ch. 18, § 14. The first sentence has been framed, so as to correspond to § 3215, ante; and so as to increase the sum for which an action may be maintained under the charter, etc., as prescribed in Co. Proc., § 67, from one hundred to two hundred dollars, in accordance with § 2862, subd. 3, ante.] TITLE 5. judgment sion. § 3224. The jurisdiction of each of those courts extends also to Id.; upon the taking and entry of a judgment, upon the confession of a de- by confesfendant, as prescribed in title sixth of chapter nineteenth of this act, where the sum confessed does not exceed five hundred dollars.(†) [This section, which corresponds to § 2864, ante, confers upon these courts a power, with respect to which the former statutes were of doubtful meaning.] judg there § 3225. The provisions of sections 3017 to 3022 of this act, both Docketing inclusive, apply to a judgment rendered in either of those courts, execution and to the proceedings subsequent thereto, and in the action wherein upon. 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. (c) [The provisions of chapter 19, ante, which are made applicable by this section, relate to the docketing, in the county clerk's office, of a judgment rendered by a justice of the peace, and the enforcement thereof by execution issued out of the county court.] TITLE V. The municipal court of the city of Rochester. PRELIMINARY NOTE.-The amendatory bill, referred to in the note to § 2234, amended the caption of this title, and the two sections contained therein, so as to include the city court of Auburn, created by 147 (a) Section 1737 is upon page 285; sections 2861-2863 on pp. 3-5. (b) See pp. 67, 68. TITLE 5. Provisions of chapter ally ap plicable to the court and judges. L. 1879, ch. 53. The failure of the amendatory bill leaves the jurisdiction of, and the proceedings in, the latter court substantially unaffected by chapters 19 and 20 of this act. SEC. 3226. Provisions of chapter 19 generally applicable to the court and judges. 3227. Jurisdiction in actions upon contract. § 3226. The provisions of chapter nineteenth of this act, 19 gener- 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. Jurisdiction in actions [This and the next section are all of the existing legislative provis ions, which it was deemed advisable to embody in this act, relating to this court; which was created by L. 1876, ch. 196; and further regulated by L. 1877, ch. 192; L. 1878, ch. 415, § 8; and L. 1879, ch. 230.] § 3227. The court has jurisdiction of an action to recover damupon con- ages upon or for breach of a contract, express or implied, other than a promise to marry, where the sum claimed does not exceed, four hundred dollars. tract. [See the note to the last section.] 148 TITLE 5. CHAPTER XXI. COSTS AND FEES. TITLE V. Sums allowed as fees. PRELIMINARY NOTE.- The following sections are all the provisions of the Code of Civil Procedure relating to fees of justices and constables. The references denote the statutes upon which the provisions were founded; but they have been considerably changed, either by the commissioners, or during the passage of the bill through the legislature. SEC. 3298. Fees for oaths and acknowledgments. 3312. Compensation of deputy sheriffs and constables attending court. 3322. Fees of a justice of the peace. 3323. Constable's fees. 3324. Id.; affidavit upon claim for travel fees. 3325. Justice's court, fees upon a commission. 3326. Id.; jurors' fees. 3327. Id.; witnesses' fees. 3328. Id.; fees to be paid before services rendered. 3329. Id.; by whom fees to be paid. 3330. Certain special provisions excepted from this title. 3331. Provision as to change in fees. 3332. This title applies to civil cases only. oaths and § 3298. Any officer, authorized to perform the services specified Fees for in this section, and to receive fees therefor, is entitled to the follow- acknowling fees: 1. For administering an oath or affirmation, and certifying the same when required, except where another fee is specially prescribed by statute, twelve cents. 2. For taking and certifying the acknowledgment or proof of the execution of a written instrument; by one person, twenty-five cents; and by each additional person, twelve cents: for swearing each witness thereto, six cents. [2 R. S., 637, § 28 (2 Edm., 658); L. 1840, ch. 238, § 2 (3 Edm., 302); L 1847, ch. 339 (4 Edm., 698); 1 L. 1866, ch. 692, § 1, (6 Edm., 803).] edgments. |