ARTICLE SECOND. PROVISIONS EXCLUSIVELY APPLICABLE TO THE DISTRICT COURTS OF THE CITY OF NEW-YORK. SEC. 3215. Jurisdiction in civil actions. 3216. Removal of certain actions into common pleas. 3217. When order of arrest may be granted. 3218. Proceedings thereupon. 3219. Requisites of certain undertakings. 3220, Docketing judgments; execution thereupon. 3221. Enforcement of certain judgments in favor of working women. 3222. Costs in action by working woman. 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 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 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 action, except as prescribed in this section. L. 1857, ch. 344, 3, subd. 1 and 2, amended; L. 1858, ch. 334, 15; L 1862, ch. 484, 17; L. 1862, ch. 387, and ch. 484, 7. Com. of Phots v. Dick, 5 Daly, 391; O'Sullivan r. Reitmeyer, 9 Week. Dig. 39; Bayt. Howden, 3 Daly, 455; Clarkson v. Mittnacht, 56 How. 223; Evans ?. Wood, 15 Abb. 416; Hauger v. Bernstein, 7 Daly, 340; Dalton e. Loughlin, 4 Abb. N. C. 187. 3216. Removal of certain actions into common pleas. 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 court of common pleas for the city and county 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 court of common pleas, in the action so removed. From the time of the granting of the order, the court of common pleas has cognizance of the action; and the clerk of the district court must forthwith deliver to the clerk of the court of common pleas, all process, pleadings, and other pa pers 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. L. 1857, ch. 344, 3, subd. 3. Thompson, id. 180; O'Connor Parkhurst, Hogan v. Devlin, 2 Daly, 184; Moon r. . Moschowitz, 48 How. 451; Salter v. § 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. Id., 16. § 3218. Proceedings thereupon.- An order of arrest must direct that the summons accompanying it be made returnable, immediately upon 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 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, 22 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 tho 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. Id., part of 21. § 3220. Docketing judgment; 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 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. Id., 48, 51 and 52. §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 can. not 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 discharged, had been returned without his being taken. L. 1867, ch. 516, 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. SEC. 3223. Jurisdiction in civil actions. 3224. Id.; upon Judgment by confession. 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 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. See Code of Proc., 2 67; L. 1866, ch. 189; L. 1834, ch. 271,3; L. 1870, ch. 595, 11; L. 1872, ch. 129, 211; L. 1876, ch 15, 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 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. New. TITLE V. The municipal court of the city of Rochester. SEC. 3226. Provisions of chapter 19 generally applicable to the court and Judges. 3227. Jurisdiction in actions upon contract. |