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TITLE 4.

Costs in

action by

woman.

[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
AND TROY.

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,"11; L. 1876, ch. 18, § 4.

SEC. 3223. Jurisdiction in civil actions.

3224. Id.; upon judgment by confession.

3225. Docketing judgments; execution thereupon.

§ 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, 28C2, 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.(^)

[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

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

ally ap

plicable to

and

judges.

the court 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

CHAPTER XXI.
(EXTRACTS.)

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.

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TITLE 5.

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- acknowl ing 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.

TITLE 5. Compensation of

attending

§ 3312. A constable is entitled, for attending a sitting of a court constables of record, pursuant to a notice from the sheriff, to the following fees court. for each day's actual attendance: in either of the counties of Westchester or Rockland, such a sum as the board of supervisors of the county fix, not exceeding two dollars and fifty cents; in any other county, except Kings, one dollar and twenty-five cents. Those fees must be paid by the county treasurer, upon the production of the certificate of the clerk, stating the number of days that the constable attended.

Fees of a justice of

[2 R. S., 647, part of § 40 (3 R. S., 5th ed., 927; 2 Edm., 666); L. 1860, ch. 427; L. 1864, ch. 371; L. 1873, ch. 165.]

§ 3322. A justice of the peace is entitled, for the services specithe peace. fied in this section, to the following fees:

1. In an action brought before a justice of the peace,

For a summons, twenty-five cents.

For an order of arrest, twenty-five cents.

For a warrant of attachment, twenty-five cents.

For a requisition in an action for a chattel, twenty-five cents. For a subpoena, including all the names inserted therein, twentyfive cents.

For the acknowledgment of a power of attorney, twenty-five

cents.

For taking an affidavit, or administering an oath, ten cents.

For drawing an affidavit, application, or notice, required by statute, five cents for each folio.

For drawing a bond or an undertaking, twenty-five cents.

For hearing an application for a commission to examine one or more witnesses, fifty cents.

For an order for such a commission, and attending, settling, and certifying interrogatories, fifty cents.

For hearing an application to discharge a defendant from arrest, or to vacate or modify a warrant of attachment, or increase the plaintiff's security thereupon, fifty cents.

For an adjournment, except where it is made by the justice upon his own motion, twenty-five cents.

For a venire, twenty-five cents.

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