manner as if the final order was a judgment, rendered in the court, of which the judge is the presiding officer.

L. 1857, ch. 295, § 7 (Comp. 1307); L. 1870, ch. 741, § 4; Code Civ. Pro., § 2250.

Fees of marshals.

§ 1419. Marshals' fees for services rendered before judgment may be included therein, when it is in favor of the party liable therefor; and in addition to the fees now allowed by law, they shall receive the sum of twenty-five cents for every copy of the complaint served by them with the process by which the action is commenced.

L. 1857, ch. 344, § 69 (Comp. 1344).

Costs.

§ 1420. In all actions commenced in any of these courts, the costs shall be as follows:

1. To the plaintiff. - Where he recovers judgment for fifty dollars or more upon the non-appearance of the defendant, seven dollars; where he recovers judgment for fifty dollars or more after a trial of the action, twelve dollars; where his demand is fifty dollars or more, and the claim is paid or satisfied, after the service of a summons and before trial, seven dollars; where his demand is fifty dollars or more, and the claim is paid or satisfied after trial, but before the rendition of a judgment, twelve dollars.

2. To the defendant. — Where the plaintiff's demand is fifty dollars or more, and judgment is rendered in defendant's favor without a trial upon the appearance of such defendant, seven dollars; where the plaintiff's demand is fifty dollars or more, and judgment is rendered in defendant's favor after a trial, ten dollars.

3. To either party. - Where a trial shall be adjourned on cause shown, the justice in his discretion may impose costs to the amount of five dollars, besides disbursements as a condition of adjournment. In all cases where the plaintiff's demand or recovery is less than fifty dollars, and a trial shall be had, costs to the successful party not to exceed five dollars, in addition to the disbursements allowed by law, may be awarded by the justice in his discretion. In all cases the successful party shall be entitled to the disbursements now allowed by law and also the prospective charges for docketing judgment in the county clerk's office, the fee of the county clerk for issuing an execution, and filing certificate of satisfaction, and the sheriff's fee for receiving and returning one execution thereon. No party shall be entitled to any costs unless he has an attorney actually engaged in the prosecution or defense of the action. Costs when awarded shall be entered in the judgment and belong to the party in whose favor judgment is entered. (As amended by L. 1894, ch. 750, § 2.)

Id., § 70 (Comp. 1344); L. 1853, ch. 617, §§ 3, 4.

Id.; after discontinuance, upon answer of title.

1421. Where an action brought in a district court has been discontinued, as prescribed by law, upon the delivery of an answer, showing

that title to real property will come in question, and a new action, for the same cause, has been commenced in the proper court; the party, in whose favor final judgment is rendered in the new action, is entitled to costs; except that, where final judgment is rendered therein, in favor of the defendant, upon the trial of an issue of fact, the plaintiff is entitled to costs, unless it is certified that the title to real property came in question on the trial.

Code Civ. Pro., § 3235. See § 2143, post.

Id.; in actions upon bastardy, etc., bonds.

§ 1422. Upon a recovery being had in an action brought upon a bastardy or abandonment bond, by the commissioners of charities and correction or the overseers of the poor, in addition to the other costs therein, the court shall make and the clerk shall enter in the judgment an additional allowance of ten per cent on the amount recovered.

L. 1862, ch. 389, § 2 (Comp. 1352).

Id.; in action to enforce game laws.

§ 1423. When the action is brought by virtue of the provisions of subdivision eleven of section twelve hundred and eighty-five of this act, the plaintiff shall only be entitled to costs to an amount equal to the amount of the recovery.

L. 1879, ch. 534, § 33.

Id.; in action by working woman.

§ 1424. In an action brought to recover a sum of money for wages earned by a female employee, other than a domestic servant; or for material furnished by such an employee, in the course of her employment, or in or about the subject-matter thereof, or for both, the plaintiff, if entitled to costs, recovers the sum of ten dollars as costs, in addition to the costs allowed in a district court, unless the amount of damages recovered is less than ten dollars; in which case, the plaintiff recovers the sum of five dollars as such additional costs. When the employee is the plaintiff in such an action, she is entitled, upon a settlement thereof, to the full amount of costs, which she would have recovered, if judgment had been rendered in her favor, for the sum received by her upon the settlement.

Code Civ. Pro., §§ 3131, 3222. See § 2143, post.

Id.; on order to prosecute marshal's bond.

§ 1425. Whenever a justice of the court of common pleas shall order the bond of a marshal to be prosecuted in any of the district courts, the said justice upon said motion may award the aggrieved party his reasonable costs on such motion, not exceeding the sum of ten dollars, which shall be included in the judgment obtained upon such bond.

L. 1862, ch. 484, § 7 (Comp. 1476).

Supreme Court rules made applicable.

§ 1426. Superseded by § 1377 of the Greater New York Charter, ante. Clerks. How appointed. Salaries.

1427. Superseded by § 1373 of the Greater New York Charter, ante.

Id.; duties.

§ 1428. It shall be the duty of the clerk of each of these courts:

1. To keep the seal of the court, and affix it to the certificate of the transcript of the docket of judgment, or any other certificate, when required so to do.

2. To record the proceedings of the court.

3. To keep the records and other books appertaining to the court.

4. To file papers delivered to him for that purpose in any action.

5. To attend the sitting of the court of which he is clerk, to administer oaths in an action, in the presence of the court and under its direction, and to receive the verdict of the jury.

6. To authenticate by certificate or exemplification, as may be required, the records or proceedings of the court, or any other paper appertaining thereto and filed with him.

7. To exercise the powers and perform the duties conferred and imposed upon him by this title.

8. In the performance of his duties to conform to the direction of the

court.

9. To keep his office open for the transaction of business, every judicial day, from nine o'clock in the forenoon to four o'clock in the afternoon. L. 1857, ch. 344, § 72 (Comp. 1344). See L. 1887, ch. 185.

Id.; to account for and pay over fees received.

§ 1429. It shall be the duty of the clerk of each of these courts to collect and receive all the fees thereof, including the fees allowed by law in summary proceedings to recover lands, and to account for and pay the same into the city treasury monthly, under oath, on the first day of each and every month, or within three days thereafter, which account shall contain the title of each case and the amount of fees received therein, and the salary of such clerk shall not be paid until he shall have so accounted and paid, and he shall perform no service until he shall have received the legal fees thereof.

Id., § 73 (Comp. 1345). See L. 1876, ch. 356, § 2.

Id.; to give bond.

§ 1430. Superseded by § 1373 of the Greater New York Charter, ante. Id.; may administer oaths.

§ 1431. Superseded by § 1378 of the Greater New York Charter, ante. Court attendants.

§ 1432. Superseded by § 1373 of the Greater New York Charter, ante.

Interpreters.

§ 1433. Superseded by § 1373 of the Greater New York Charter, ante. Stenographers.

§ 1434. Superseded by § 1373 of the Greater New York Charter, ante.

Janitors.

§ 1435. Superseded by § 1373 of the Greater New York Charter, ante.

Stationery, furniture, etc., furnished by corporation.

§ 1436. Superseded by § 1380 of the Greater New York Charter, ante.

Definitions.

§ 1437. Words used in this title in the past or present tense include the future as well as the past or present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular; the word "person" includes a corporation as well as a natural person; writing includes printing or printing paper; "oath" includes affirmation or declaration; “signature" or subscription" includes "mark," when the person cannot write, his name being written near it, and witnessed by a person, who shall write his own name as witness. The following terms also named in this title have the signification attached to them in this section, unless otherwise apparent from the context:

1. The word “attorney" signifies an attorney of the supreme court of this state, duly licensed to practice as such.

66

2. The word district" signifies judicial district.

3. The word "clerk " signifies the clerk of the court where the action is pending.

4. The word "marshal” signifies any person authorized to perform the duties of a marshal.

5. The word "corporation includes every association having any corporate rights, whether created by special acts of legislature or under general laws.

Id., § 80 (Comp. 1346).

Appeals.

§ 1438. Superseded by § 1367 of the Greater New York Charter, ante.

Id.; stenographer's fees for transcript of minutes.

§ 1439. In all cases of appeal from the decision of a justice of one of the district courts, where a transcript of the stenographer's minutes of the testimony given on the trial becomes a necessary part of the justice's return, the stenographer's fees for the making of such transcript shall be computed at the rate of ten cents for every one hundred words, and be paid in the first instance by the appellant, and afterward be taxable by him as a disbursement in the appeal.

L. 1874, ch. 504, § 1 (Comp. 1359).

Transcript of process, pleadings, etc. Effect.

§ 1440. A transcript of the process, pleadings, and judgment had before any of the said justices, of the execution issued thereon, if any, and the return thereon, if any, when subscribed and certified by the justice or clerk, and a certificate of the clerk of the city and county of New York indorsed thereon or attached thereto, under the seal of the court of common pleas of the said county, certifying that the person subscribing such transcript was, at the date of such judgment, such justice or clerk, shall be prima facie evidence in any court of justice in this state to prove the facts contained in such transcript, and no more. L. 1837, ch. 461. § 5 (Comp. 1355).

APPENDIX VIII.

THE PROVISIONS OF THE NEW YORK CITY CONSOLIDATION ACT RELATING TO MARSHALS CONTINUED IN FORCE AND MODIFIED BY § 1428 OF THE GREATER NEW YORK CHARTER.

LAWS 1882, Ch. 410.

CHAPTER XX.

Title 1.-The Marshals.

Appointment. Terms of office. Qualifications.

§ 1699. Superseded by §§ 1425-1427 of the Greater New York Charter, ante.

Bond to be executed by.

§ 1700. No marshal shall be permitted to enter upon the duties of the office until he shall execute a bond, with two sufficient sureties, who shall be residents of and shall own real estate in the county of New York to the amount of double the penalty of the bond, to the mayor, aldermen, and commonalty of The City of New York, in the penal sum of one thousand dollars, jointly and severally to answer the said mayor, aldermen, and commonalty, and any parties that may complain, conditioned that such marshal shall well and faithfully execute the duties of said office of marshal without fraud, deceit, or oppression, such sureties to justify in double the amount of such bond. The said bond shall be delivered to

the mayor of said city for approval, who shall judge of and determine the competency of the sureties; and should he approve of the same, he shall note his approval thereon, and shall cause such bond to be filed in the office of the clerk of the court of common pleas, within ten days after the same shall have been approved of by him, and he shall either approve of or reject such bond within five days after the same shall have been presented to him for that purpose.

L. 1862, ch. 484, § 5 (Comp. 1475).

Id.; prosecution of bond.

§ 1701. Any person who shall be aggrieved by any official misconduct on the part of any marshal, and who may desire to prosecute his official bond, and who shall have first obtained judgment against such marshal for official misconduct, may move before a justice of the court of cominon pleas, at the chambers thereof, after giving such marshal and his sureties eight days' previous notice of intention so to do by personal service of said notice on them, stating when such motion will be made, and of the papers to be used on such motion, for leave to prosecute such official