3188. An appeal, to the general term of the court, may be taken a final judgment rendered therein, in a case where an appeal may be to the general term of the supreme court, from a final judgment ren therein, as prescribed in section one thousand three hundred and for of this act.

3189. An appeal, to the general term of the court, may also be from an interlocutory judgment rendered, or an order made, at a s] term or a trial term thereof, or an order made by a justice therof, o court, in a case, where an appeal may be taken to the general term o supreme court, from an interlocutory judgment rendered, or an order 1 in like manner, as prescribed in sections one thousand three hundred forty-seven, one thousand three hundred and forty-eight, and one tho three hundred and forty-nine of this act.

§ 3190. An appeal, authorized by the last section, must be taken ▾ ten days after service of a copy of the judgment or order appealed and a written notice of the entry thereof. In every other respect, first and fourth of chapter twelfth of this act, apply to and gover appeal, taken as prescribed in either of the last two sections.

§ 3191. An appeal may be taken by the court of common pleas fo city and county of New York, from an actual determination, made b marine court of the city of New York, at a general term thereof, in ‹ of the following cases:

1. Where a final judgment has been rendered, upon an appeal tak the general term.

2. Where an order has been made, granting a new trial. But an a cannot be taken, from an order granting a new trial, upon a case or e tions, unless the notice of appeal contains an assent, on the part o appellant, that if the order is affirmed, judgment absolute may be ren against the appellant.

3. [am'd 1882.] Where an order has been made which grants, rei continues, or modifies a provisional remedy; or, where it involves part of the merits, or where it affects a substantial right, or where, ine it determines the action and prevents a judgment from which an a might be taken.

§ 3192. Titles first and third of chapter twelfth of this act apply t govern an appeal, taken as prescribed in the last section, except as wise expressly prescribed in the next two sections.

§ 3193. An appeal, authorized by the last section, must be taken twenty days after service of a copy of the judgment or order appealed! and a written notice of the entry thereof. The appeal must be heard general term of the appellate court.

g3194. The judgment or order of the appellate court must be rem to the court below, to be enforced according to law. Upon an appeal. an order granting a new trial, on a case or exceptions, if the app court determines that no error was committed in granting the new tr must render judgment absolute upon the right of the appellant; and t upon an assessment of damages, or any other proceeding, requisite to der the judgment effectual, may be had in the marine court.

3195. Upon an appeal to the court of appeals, the notice of appeal and lertaking must be filed with the clerk of the marine court, who must asmit the necessary papers to the court of appeals; and the judgment order of the court of appeals must be remitted to and enforced by the rine court.

TITLE II.

e mayor's court of the city of Hudson, and the recorder's courts of the cities of Utica and Oswego.

196. Civil jurisdiction prescribed.
197. Certain pending actions, etc.,
transferred to supreme court.
198. Id.; certain papers, etc., to be
transmitted to county clerk.
99. Power of supreme court, in ac-

tions, etc., so transferred. 3200. Proceedings in case of judge's disability.

3201. Services of subpoenas.
3202. Effect of this title limited.

3196. The civil jurisdiction of the mayor's court of the city of Hud, the recorder's court of the city of Utica, and the recorder's court of city of Oswego, extends only to an action whereof jurisdiction is ex зsly conferred upon the court, by a provision of a statute incorporating, therwise specially relating to the government of, the city wherein the rt is located.

3197. Every civil action, now pending in either of those courts, other a an action specified in the last section, is hereby transferred to the reme court; and the subsequent proceedings therein, before and after judgment, must be the same, as if the action had been commenced in supreme court.

3198. All judgment-rolls, and other records, and all books and papers, ting exclusively to civil actions, other than an action specified in the section but one, now remaining in either of those courts, must be deliv1 by the clerk thereof, or, if there is no clerk, by the judge or other er, having the custody thereof, to the clerk of the county in which the rt is located, to be preserved among the records of his office. ense of so doing is a county charge.

The

3199. The supreme court may review, enforce, vacate, or amend a I judgment heretofore rendered by either of those courts, in a civil on, other than an action specified in section three thousand one hundred ninety-six of this act, with like power and effect, as the court in which as commenced might have so done, if this act had not been passed.

3200. The county court of the county in which either of those courts ocated, may, by an order, remove to itself an action of which either of se courts has jurisdiction, as prescribed in section three thousand one dred and ninety-six of this act, upon proof, by affidavit, that the judge eof is, for any cause, incapable of acting, either generally or in the par lar action. Sections 344, 345, and 346 of this act apply to such an er of removal, and to the proceedings subsequent thereto. The proceed. subsequent to the order are the same, as in an action brought in the nty court, except that costs must be awarded, as if the action had ained in the court from which it was removed.

3201. A subpoena, issued out of either of those courts, may be served n a witness, at any place within the State. A warrant to apprehend a ness, for a failure to obey such a subpoena, may be directed to the riff of the county where the court is located, and executed by him within county of the State. The sheriff is subject to the same liability, for a ure to serve or return it, as if it was issued out of the supreme court.

§ 3202. This title does not affect any provision of law cenferring a judge, or upon the judges, of either of those courts, jurisdiction, or authority, in an action brought in another court, or in a special proc ing.

TITLE III.

The city court of Yonkers.

§3203. Jurisdiction in civil actions.

3204. Last section qualified. 3205. Summons, where served.⚫

§ 3206. This title does not affect diction of the court, special proceedings.

§ 3203. The jurisdiction of the city court of Yonkers extends to following civil actions only:

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

2. An action to foreclose or enforce a lien, upon real property in city of Yonkers, created, as prescribed by statute, in favor of a person has performed labor, or furnished materials to be used, in erecting, ing, or repairing a building, building lot, or appurtenance thereto, incl fences, sidewalks, paving, wells, fountains, fishponds, ornamental and trees, and every other improvement to a building or building lot.

3. An action to foreclose or enforce a lten, for a sum not exce one thousand dollars, exclusive of interest, upon one or more chattes. § 3204. [am'd 1888.] The jurisdiction conferred by the last section ject to the following limitations and regulations:

1. In an action wherein the complaint demands judgment for a sum of only, the sum for which judgment is rendered in favor of the plaintiff cat ceed one thousand dollars; exclusive of interest and costs as taxed; where it is brought upon a bond or undertaking given in an action or spet a ceeding in the same court, or before the city judge. Where the action is upon a bond or other contract, the judgment must be for the sum actuanya without regard to a penalty therein contained; and where the money is ja. in installments, successive actions may be brought for the installments as become due.

2. In an action to recover one or more chattels, a judgment cannot dered in favor of the plaintiff for a chattel or chattels, the aggregate va which exceeds one thousand dollars.

3. The court has not jurisdiction of an action against an executor or ac trator in his representative capacity.

4. The court has not jurisdiction of any action, unless one of the thereto resides in the city of Yonkers, or in a town of Westchester (*) adjoining that city; or a warrant of attachment is granted to accomp summons, and levied upon property of the defendant within that city action is brought to recover one or more statutory penalties by the city o kers, or one of its officers or boards of commissioners. Such warrant of ment must be granted and subsequent proceedings taken in accordance w provisions and requirements herein relating to attachments in courts of of the peace.

3205. The summons, in an action brought in the court, may be s at any place within the county of Westchester, but not elsewhere. § 3206. This title does not affect any provision of law, conferring the court, or upon the city judge of Yonkers, jurisdiction, power, or ity, in a special proceeding; or conferring upon the city judge of You power or authority, in an action brought in another court.

TITLE IV.

istrict courts of the city of New York, and the justices' courts of the cities of Albany and Troy.

LE 1. Provisions generally applicable to all the courts specefied in 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.

SIONS GENERALLY APPLICABLE TO ALL THE COURTS SPECIFIED IN THIS

207. Section 3126 of this act applies to an action to recover upon or each of a contract, express or implied, brought in a district court of y of New York, in the justices' court of the city of Albany, or in the es' court of the city of Troy.

208. In an action brought in either of those courts, the summons, n a proper case, a copy of the complaint, may be served by any perot a party to the action; except that, where the action is brought in a et court of the city of New York, a person, other than a constable or shal, serving the same, must be first empowered to do so, either by stice, or by the attorney to the corporation, as now prescribed by law. of service thereof, by such a person, must be made by his affidavit ; must state the particular place, time, and manner of service, and that fiant knew the person so served, to be the person mentioned and bed in the summons, as defendant therein.

209. An action, brought in either of those courts, at any time after apter takes effect, must be commenced by the voluntary appearance d joinder of issue by, the parties, or by the service of a summons. 210. [am'd 1884.] Articles third, fourth and fifth of title second of er nineteen of this act apply to an action brought in either of those , except as otherwise prescribed in the next section. And except, hat where the warrant of attachment, or requisition to replevy, is out of a district court of the city of New York, against a non-resiefendant, the said warrant, or requisition, must require the marshal ach or replevy the property, on or before a day therein specified, which be not less than two nor more than four days before the return day of

mmons.

211. The provisions of the last section are subject to the following ications:

Nothing contained in either of the articles, so made applicable, applies order of arrest, in an action brought in a district court of the city

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of New York, or affects any provision of this title, relating to the juri tion of either of the courts specified in this title.

2. An order of arrest, in an action brought in the justices' coul Albany, or the justices' court of Troy, or a warrant of attachment, requisition to replevy, in either of those courts, or in a district court of city of New York, must be granted by, and directed to, and executed the officer empowered, by the statutes remaining in force after this ch takes effect, to grant or execute, as the case requires, in the same cou warrant to arrest, a warrant of attachment, or a requisition in an acti recover a chattel.

3. The manner of applying for, granting, and executing an order of a a warrant of attachment, or a requisition to replevy, and the proceed thereupon, and with respect thereto, as prescribed in the articles s01 applicable, are subject to the statutes, remaining unrepealed after this ter takes effect, specially applicable to those courts, or to either or an them, prescribing the duties of the justices, or of the clerks the or regulating the mode of transacting business in an action br therein.

§ 3212. Sections 2951 to 2958 of this act, both inclusive, apply action, brought in either of those courts; except that, where the acti brought in a district court of the city of New-York, the surety upor defendant's undertaking is liable, in the case specified in section two sand nine hundred and fifty-two, to any amount, for which judgment n have been rendered by the district court, if the answer and undertaking not been delivered.

§ 3213. [am'd 1883.] An appeal from a judgment rendered in a di court of the city of New York may be taken to the court of common for the city and county of New York in the cases and in the manner scribed in articles first and second of title eight of chapter nineteen this act. The appellate court may reverse, affirm or modify the judg appealed from, and where a judgment is reversed, may order a new in the district court. Where a judgment is modified, or where a new is ordered, costs shall be in the discretion of the appellate court. An a from the judgment rendered in the justice's court of the city of Alban the justice's court of the city of Troy, may be taken in a case wher appeal may be taken to a county court from a judgment rendered by a tice of the peace as prescribed by title eight of that chapter, and in no case. Such an appeal must be taken to the county court of the a wherein the court is located.

§ 3214. Except as otherwise specially prescribed in this title, thi does not affect any statutory provision remaining unrepealed after chapter takes effect, relating to the jurisdiction and powers of eith those courts; the appointment, qualification, tenure of office, power duties of the justices, or of the clerk, or any other officer thereof; o proceedings therein; except that a provision of this or any other st whereby a proceeding in an action, brought in either of those courts, special proceeding, brought therein, or before a justice thereof, is as lated, either expressly, or by reference to another provision of law, to a ceeding, in an action or a special proceeding before a justice of the per deemed to refer to the corresponding proceeding, as prescribed in ch nineteenth of this act.