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NEW YORK DISTRICT COURTS,* ETC. 439 $$ 3207-3210

TITLE IV.
The district courts of the cily of New York,* and the justices,

courts of the cities of Albany (a) and Troy.
ARTICLE 1. Provisions generally applicable to all the courts specified i

this title.
2. Provisions exclusively applicable to the district courts of the

city of New York. *
3. Provisions exclusively applicable to the justices' courts of
Albany and Troy.

ARTICLE FIRST.
PROVISIONS GENERALLY APPLICABLE TO ALL THE COURTS

SPECIFIED IN THIS TITLE,
$ 3207. Services of complaint with $ 3211. The its section qualified.

summons; proceedings 3212. Proceedings where title to
thereupon.

real property is in ques. 3208. Id.; and proof of service.

tion.. 3209. Action tu be commenced 3213. Appeals. by service of summons.

3:14. Effect of this act upon 3210. Warrant of attachment,

jurisdiction and prorequisition to replevy.

ceedings. & 3207. Section three thousand one hundred and twenty- & 1846, COX six of this act applies to an action to recover upon or for Sol Act,

6 Misc. 145, breach of a contract, express or implied, brought in a dis.

9 Misc. 72. trict court of the city of New York,* in the justices' court of the city of Albany, or in the justices' court of the city of Troy.

$ 3208. In an action brought in either of those courts, the 8$1297, 1300, summons, and, in a proper case, a copy of the complaint, 1301, Con

sol. Act. 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 empowered 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 described in the summons, as defendant therein.

§ 3209. An action, brought in either of those courts, at $$1296, 1298, any time after this chapter takes effect, must be commenced 1999, Con by the voluntary appearance of, and joinder of issue by, the golAct. parties, or by the service of a summons. § 3210, [Am’d 1881. ) Articles third, fourth and fifth of

$$ 1302-1305, title second of chapter nineteen of this act apply to an ac- Consol. Act. tion brought in either of those courts, except as otherwise 9 Daly, 552. prescribed in the next section. And except, also, that where he 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 req. uisition, must require the marshal to attach or replevy the property, on or before a day therein specified, which must

* Name changed to city court of Albany," by L. 1881, C. 122.
(a) Name changed to " city court of Albany," by L. 1884, c. 122.
* See note to 8 3216.

9 Misc. 152.

$$ 3211-3218 be not less than two nor more than four days before the re turn day of the summons.

$ 3211. The provisions 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 jurisdiction of either

of the courts specified in this title. 55 i 316-1329,

2. An order of arrest, in an action brought in the justice's Consol. Act. court of Albany, or the justice's court of Troy, or a war

rant of attachment, or a requisition to replevy, in einer of those courts or in a district court of the city of New York, must be granted by, and directed to, and executed by, the oflicer empowered, by the statutes remaining in force after this chapter takes effect, to grant or execute, as the case re quires, 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 requisi. tion to replevy, and the proceedings thereupon, and with respect thereto, as prescribed in the articles so made applicable, are subject to the statutes, remaining unrepealed af. ter this chapter takes effect, specially applicable to those courts, or to either or any of them. prescribing the dulies of the justices, or of the clerks thereof, or regulating the

mode of transacting business in an action brought therein. $ 1850, Con. & 3212. Sections two thousand nine hundred and fifty. sol, Act.

one to two thousand nine hundred and tifty-eight of this act, botli 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 surety upon the defendant's undertaking is liable, in the case specitied in section two thousand nine hundred and fifty-two, to any amount, for which judgment might have been rendered by the district court, if the answer and undertaking had not been delivered.

$ 3213. [im'd 1883, 1895, amendment to take effect Janu ary 1, 1896.) 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 2.civ. Pro. in articles first and second of title eight of chapter 21 Misc. 312 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 appellite court may reverse, affirm or modiiy 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 justices' court of the city of Albany, or the justices' court of the city of Troy,

* See pote to $ 3215.

420.

$ 3214 3215
may be taken in a case where an appeal may be taken to a
conniy court, from a judgment rendered by a justice of the
peace as prescribed by title eight of that chapter, and in no
other case. Buch an appeal must be taken to the county
court of the county, wherein the court is located.

$ 3214. Except as otherwise specially prescribed in this title, this act does not affect any statutory provision 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 the clerk, or any other officer thereof; or the proceedings therein ; except that a provision of this or any other statute, whereby a proceeding in an action, brought in either of those counts, 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 nineteenth of this act.

woman.

ARTICLE SECOND.
PROVISIONS EXCLUSIVELY APPLICABLE TO THE DISTRIOT

COURTS OF THE CITY OF NEW-YORK.*
$ 3215. Jurisdiction in civil ac- § 3220. Docketing judgments; ex.
tions.

ecution thereupon. 3216. Removal of certain ac- 3221. Enforcement of certain tions to city court.

judgments in favor of 3217. When order of arrest may

working women. be granted.

8222. Costs in action by working 8218. Proceedings thereupon. E219. Requisites of certain cn.

dertakings. $ 3215. Each District court of the city of New-York*

14 Misc. 23. Las jurisdiction of the following civil actions :

16 Misc. 383 1. An action, of which a justice of the peace has jurisdiction, as prescribed in sections one thousand seven hundred and thirty-seven, two thousand eight hundred and sixty ono,

MUNICIPAL COURT OF THE CITY OF NEW YORK. §. 1351 of “ The Greater New York Charter," (Ch. Laws of 1897) pro. vides that on and after the first day of January, eighteen hundred and ninety-eight, the district courts of the city of New York and the justices courts of the first, second and third districts of the city of Brooklyn, are hereby continued, consolidated and reorganized under the name of ** The Municipal Court of the City of New York," which said court shall be a local civilcourt within The city of New York as constituted by this act, and shall not be a court of record or have any equity jurisdiction ; bit shall have the jurisdiction, powers, duties and organization herein. after prescribed. The following is an index to the provisions of said act relative to this subject.

See pages 441a and 4416 for balance of note.

note to § 3215 The following is an index to the provisions of said act relative to this subject : Actions, in what district 8 to bo Justices, who to act as, $ 1352, brought § 1370.

subd. 1. pending, disposition of $ 1382 -may administer oaths & 1379. Appeal from judgment $ 1367.

-election of successors, $ 1352 Board of justices, how constitu

subd 2. ted § 1374.

-election of whose terms expire -to make rules $ 1375.

in 1897. 8 1352. subd. 3 -concurrence of majority ne. -additional, appointment of cessary to adoption of any

1352. subd. 4. resolution 8 1376.

-qualifications, etc. $ 1353. Clerks of courts and assistant -oath $ 1354. clerks & 1373.

-salary $ 1355. -authorized to adminster oaths --terms of office $ 1356. § 1378.

-present to act until January -removal & 1383.

31, 1898. & 1384, -present to act until January -vacancies in office of s 1357. 31, 1898. $ 1384.

-removal $ 1383 Courts, where to be held, $ 1371. -board of $ 1374-1376, Court house, access to $ 1380. Papers and documents of former Districts, division of city into

justices &c to be delivered 8 1358.

to successors, $ 1381. -Bronx, borough of $ 1359. Pending causes, disposition of -Manhattan, borough of $ 1360.

$ 1382. - Brooklyn, borough of $ 1361. Place of holding court $1371. -Queens, borough of $ 1362. Procedure & 1369. -Richmond, borough of $ 1363. Process § 1368. in what district actions to be Removal of action $ 1366. bronght § 1370.

Seals of Courts $ 1372. Jurisdiction 8 1364-1365.

Supreme court rules, how far

applicable & 1377. PROVISIONS OF "THE GREATER NEW YORK CHARTER

APPLICABLE TO EXISTING LEGISLATION. $ 1608. Inconsistent Provisions of Consolidation Act Repealed. The act of the legislature of the state of New York, passed July first, eighteen hundred and eighty-two, known as the New York city cour solidation act of eighteen hundred and eighty-two, and acte amenda. tory thereof, and supplemental thereto, and other acts of the legislature of the state of New York now in force relating to or affecting the local goverment of the city of New York, as heretofore constituted, are hereby repealed so far as any provisions thereof are inconsistent with the provisions of this act, or so far as the subject matter thereof is revised or included in this act, and no further. So far as the provis. ions of this act are the same in terms or in substance and effect as the provisions of the said consolidation act, or of other acts of the legisla. ture now in force relating to or affecting the municipal and public corporations, or any of them herein united and consolidated, this act is intended to be not a new enactment, buta continuation of the said consolidation act of eighteen hundred and eighty-two, and said other acts, and is intended to apply the provisions thereof as herein modified to The City of New York as herein constituted, and this act sball accordingly be so construed and applied.

$ 1609. Omission of previonsacts not to be construed as repealed. The mere omission from this act of any previous acts or of any of the provisions thereof, including said consolidation act of eighteen hun. dred and eighty-two, relating to or affecting the municipal and public corporations or any of them which are herein united and consolidated, Bhall not be held to be a repeal thereof.

1610. Acts Applicable to the City of New York. All the provisions of all acts of the legislature of the state of New York, including said con. solidation act of eighteen hundred and eighty-two, of a general and permauent character, relating to the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York, in force at the time this act goes into effect, which aro consistent with this act and its purposes, and which are not revised and included in or the subject matter thereof covered by this act, are hereby extended to The City of New York as herein constituted, so far as they are consis. tent with this act, and are not in their nature locally inapplicable to other portions of the city than the corporation heretofore known as the mayor, aldermeu id commonalty of the city of New York. And

note to § 3215. the provisions of law th us extended to The City of New York as herein constituted shall apply to said city throughout its whole extent, any. thing to the contrary notwithstanding contained in the charter «f any of the municipal or public corporations or laws relating thereto, which are by this act united and consolidated with the corporation heretofore known as the mayor, aldermen and commonalty of the city of New York.

§ 1611. To take effect January 1, eighteen hundred and ninety-eight. For the purpose of determining the effect of this act upon other acts and the effect of other acts upon this act, this actshall, except as in this section is otherwise provided, be deemed to have been enacted on the first day of January, in the year eighteen hundred and ninety-eight. This act shall take effect on the first day of January, eighteen hundred and ninety-eight; provided, however, that where by the terms of this act an election is provided or required to be held, or other act done or forbidden prior to January firsi, eighteen hundred and ninety-eight, thon as to such election and such acts, this act shall take effect from and after its passage, and shall be in forco immediately, anything in this chapter or act to the contrary notwith-standing.

For convenience, the following reference to provisions of the Con. solidation Act bearing upon practice in the district courts of the city of New York, are here re-inserted. Action; where to be brought 88 Justices; qualifications and elec1289-1292.

tion, 8$ 1281-1283. Appeals, $1438.

Marshall, $8 1699-1711. Attendants, fuol, stationery, etc., Marshal's fees, $ 1710. 88 1430-1436.

Nonsuit, & 1382. Clerks; duties and salary, $$ 1427- Pleadings and incidents of trial, 1431.

$$ 1345-1356. Executions, $$ 1399-1409.

Provisional remedies, 98 1302-1330. Fees and costs, $$ 1416-1425.

Replevin, $$ 1331-1344. Guardians; appointments of, g Stenographer, & 1434. 1295.

Summary proceedings, $$ 1857Interpreter, & 1433.

1365. Judgments, $$ 1382-1386.

Summons, 8$ 1297-1301. Jurisdiction, 88 1284-1288

Service of process, etc.. $ 1709. Jury; selection of trial jurors, 9 Transcript of judgments, 88 13921684.

1398. Jury trial and mode of drawing Transcript of stenographer's min jury, 8$ 1371-1381.

utes, 89 1439-1440.

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