om which an appeal might be taken. Such appeals shall d in such manner and by such justice or justices as the e division of the supreme, court in the first department rect.

c., § 352; L. 1874, ch. 545, § 9; L. 1895, ch. 946.

. Id.; proceedings regulated.

first and third of chapter twelfth of this act apply to ern an appeal, taken as prescribed in the last section, s otherwise expressly prescribed in the next two sections. 1874, ch. 545, § 9.

· [Am'd, 1895.] Id.; within what time; where heard. peal, authorized by the last section, must be taken within days after service of a copy of the judgment or order 1 from a written notice of the entry thereof.

ch. 946.

. Id.; determination upon appeal, how enforced. ere new trial was properly granted.

dgment or order of the appellate court must be remitted ourt below, to be enforced according to law. Upon an rom an order granting a new trial, on a case or excepthe appellate court determines that no error was comà granting the new trial, it must render judgment absolute e right of the appellant; and thereupon an assessment of or any other proceeding, requisite to render the judgectual, may be had in the marine court.

. [Repealed Jan. 1, 1896; L. 1895, ch. 946.]

* So in original.

917

TITLE II.

The mayor's court of the city of Hudson, and the recorders' courts of the cities of Utica and Oswego.

Sec. 3196. Civil jurisdiction prescribed.

3197. Certain pending actions, etc., transferred to supreme court. 3198. Id.; certain papers, etc., to be transmitted to county clerk. 3199. Power of supreme court, in actions, etc., so transferred. 3200. Proceedings in case of judge's disability.

3201. Service of subpoenas.

3202. Effect of this title limited.

§ 3196. Civil jurisdiction prescribed.

The civil jurisdiction of the mayor's court of the city Hudson, the recorder's court of the city of Utica, and the re corder's court of the city of Oswego, extends only to an acti whereof jurisdiction is expressly conferred upon the court, by provision of a statute incorporating, or otherwise specially lating to the government of, the city wherein the court is located Co. Proc., § 33.

§ 3197. Certain pending actions, etc., transferred to su preme court.

Every civil action, now pending in either of those courts, other than an action specified in the last section, is hereby transferred to the supreme court; and the subsequent proceedings therea before and after the judgment, must be the same, as if the act had been commenced in the supreme court.

§ 3198. Id.; certain papers, etc., to be transmitted to county clerk.

All judgment-rolls, and other records, and all books and papers relating exclusively to civil actions, other than an action speci in the last section but one, now remaining in either of the courts, must be delivered by the clerk thereof, or, if there is clerk, by the judge or other officer, having the custody there to the clerk of the county in which the court is located, to preserved among the records of his office. The expense of doing is a county charge.

§ 3199. Power of supreme court, in actions, etc., transferred.

The supreme court may review, enforce, vacate, or amend final judgment heretofore rendered by either of those courts. a civil action, other than an action specified in section 3196 this act, with like power and effect, as the court in which it w commenced might have so done, if this act had not been passed

§ 3200. Proceedings in case of judge's disability. The county court of the county in which either of those cours is located, may, by an order, remove to itself an action of wi either of those courts has jurisdiction, as prescribed in secta 3196 of this act, upon proof, by affidavit, that the judge there! is, for any cause, incapable of acting, either generally or in the particular action. Sections 344, 345, and 346 of this act a to such an order of removal, and to the proceedings subseq thereto. The proceedings subsequent to the order are the sa as in an action brought in the county court, except that s

e awarded, as if the action had remained in the court hich it was removed.

c., part of § 33.

- Service of subpoenas.

poena, issued out of either of those courts, may be served witness, at any place within the State. A warrant to nd a witness, for a failure to obey such a subpoena, may ted to the sheriff of the county where the court is located, uted by him within any county of the State. The sheriff et to the same liability, for a failure to serve or return it, was issued out of the supreme court.

505, ch. 85, § 18.

Effect of this title limited.

itle does not affect any provision of law conferring upon or upon the judges, of either of those courts, jurisdicver or authority, in an action brought in another court, special proceeding.

919

TITLE III.

The city court of Yonkers.

Sec. 3203. Jurisdiction in civil actions.

3204. Last section qualified.

3205. Summons, where served.

3206. This title does not affect jurisdiction of the court, etc., in specia! proceedings.

§ 3203. Jurisdiction in civil actions.

The jurisdiction of the city court of Yonkers extends to the following civil actions only:

1. An action against a natural person, or against a foreign o domestic corporation, wherein the complaint demands judgment for a sum of money only, or to recover one or more chattels, with or without damages for the taking, withholding, or dete tion thereof.

2. An action to foreclose or enforce a lien, upon real property in the city of Yonkers, created, as prescribed by statute, in favor, of a person who has performed labor, or furnished materials to be used, in erecting, altering, or repairing a building, building lot, or appurtenance thereto, including fences, sidewalks, pavir wells, fountains, fish-ponds, ornamental and fruit trees, and every other improvement to a building or building lot.

3. An action to foreclose or enforce a lien, for a sum not ex ceeding one thousand dollars, exclusive of interest, upon one more chattels.

See L. 1873, ch. 61, §§ 1 and 3; L. 1874, ch. 171, § 1; L. 1875, ch. 233, 1: L. 1878, ch. 186, §§ 1 and 2.

§ 3204. [Am'd, 1888.] Last section qualified.

The jurisdiction conferred by the last section is subject to the following limitations and regulations:

1. In an action wherein the complaint demands judgment f a sum of money only, the sum, for which judgment is rendered in favor of the plaintiff, cannot exceed one thousand dollars, exclusive of interest, and costs as taxed; except where it s brought upon a bond or undertaking, given in an action or s special proceeding in the same court, or before the city judge. Where the action is brought upon a bond or other contract, the judgment must be for the sum actually due, without regard to s penalty therein contained; and where the money is payable i instalments, successive actions may be brought, for the instal ments, as they become due.

2. In an action to recover one or more chattels, a judgment cannot be rendered, in favor of the plaintiff, for a chattei chattels, the aggregate value of which exceeds one thousand dollars.

3. The court has not jurisdiction of an action against a executor or administrator, in his representative capacity.

4. The court has not jurisdiction of any action, unless one of the parties thereto resides in the city of Yonkers, or in a town of Westchester county, adjoining that city; or a warrant of attachment is granted to accompany the summons, and levied upon property of the defendant, within that city; or the action is brought to recover one or more statutory penalties, by the city of Yonkers, or one of its officers or boards of commissioners Such warrant of attachment must be granted and subsequent

ngs taken in accordance with the provisions and rents herein relating to attachments in courts of justices

eace.

-ch. 494.

. Summons, where served.

immons, in an action brought in the court, may be served lace within the county of Westchester, but not elsewhere.

. This title does not affect jurisdiction of the court, special proceedings.

itle does not affect any provision of law, conferring upon t, or upon the city judge of Yonkers, jurisdiction, power, rity, in a special proceeding; or conferring upon the city = Yonkers power or authority, in an action brought in court.

921