pleadings, and other papers in the action, and certified copies of all minutes, entries, and orders relating thereto; which must be filed, entered, or recorded, as the case requires, in the latter's office. § 3217. An order to arrest the defendant must or may be granted, in an action brought in either of those courts, in any case where a warrant of arrest must or may be issued in such an action, as prescribed in the stat utes remaining unrepealed after this chapter takes effect. Such a warrant shall not hereafter be issued. § 3218. An order of arrest must direct that the summons accompanying it be made returnable, immediately upon the arrest of the defendant; and it must specify a sum, in which the defendant may be let to bail. Sections 3179 to 3181, both inclusive, section 3182, except the last sentence thereof, and section 3183 of this act, apply to an order of arrest, granted in an action in either of those courts; and to the proceedings upon, and relating to, the execution thereof. In all other respects, the statutory provisions remaining unrepealed after this chapter takes effect, which apply to and regulate the application for a warrant to arrest a defendant, the granting and execution thereof, and the proceedings subsequent thereto, apply to and regulate the application for an order of arrest, the granting and execution thereof, and the proceedings subsequent thereto. §3219. The sum specified in an undertaking, given to procure a warrant of attachment, must be at least twice the amount of the plaintiff's demand, as stated in the warrant. Where such an undertaking, or an undertaking given to procure an order of arrest, is executed by the plaintiff without any surety, the plaintiff must state, in the affidavit of justification annexed to the undertaking, in addition to the other matters required by law, that he is a resident of, and a householder within, the city of New York, specifying the street and the number, or other sufficient identification, of the building where he resides. § 3220. Sections three thousand and seventeen to three thousand and twenty-two of this act, both inclusive, apply to a judgment rendered in either of those courts, and to the proceedings subsequent thereto, and in the action wherein it was rendered; except that the transcript, filed in the office of the county clerk, must be furnished by the clerk of the district court; that a judgment, the transcript of which has been so filed, is deemed to be a judgment of the court of common pleas for the city and county of New York; and that an execution, upon a judgment so docketed, may be issued, at the option of the judgment creditor, either by the county clerk, directed to the sheriff, or by the clerk of the district court, directed to a marshal. In the latter case, it must be in the same form, and executed in the same manner, as if the judgment was not so docketed. § 3221. In an action, brought in either of those courts, by a female, to recover for services performed by her, if the plaintiff recovers a judgment for a sum not exceeding fifty dollars, exclusive of costs, no property of the defendant is exempt from levy and sale, by virtue of an execution against property, issued thereupon; and, if such an execution is returned wholly or partly unsatisfied, the clerk must, upon the application of the plaintiff, issue an execution against the person of the defendant, for the sum remaining uncollected. A defendant, arrested by virtue of an execution so issued against his person, must be actually confined in the jail, and is not entitled to the liberties thereof; but he must be discharged, after having been so confined fifteen days. After his discharge, an execution against his person cannot be issued upon the judgment, but the judgment creditor may enforce the judginent against property, as if the execution, from which the judgment debtor is discharged, had been returned without his being taken. § 3222. Section three thousand one hundred and thirty-one of this act applies to an action therein specified, 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. ARTICLE THIRD. PROVISIONS EXCLUSIVELY APPLICABLE TO THE JUSTICES' COURTS OF ALBANY AND TROY. 3223. Jurisdictions in civil actions. § 3225. Docketing judgments; execu. 3224. Id.; upon judgment by confestion thereupon. sion. 83223. 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, an prescribed in sections one thousand seven hundred and thirty-seven, two thousand eight hundred and sixty-one, two thousand eight hundred and sixty-two, and two thousand eight hundred and sixty-three 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. § 3224. The jurisdiction of each of those courts extends also to the taking and entry of a judgment, upon the confession of a defendant, a prescribed in title sixth of chapter nineteenth of this act, where the sum confessed does not exceed five hundred dollars. 3225. The provisions of sections three thousand and seventeen to three thousand and twenty-two of this act, both inclusive, apply to a judg ment rendered in either of those courts, and to the proceedings subsequent thereto, and in the action wherein 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 judg ment was rendered. TITLE V. The municipal court of the city of Rochester. 3226. Provisions of chapter 19 gener- § 3227. Jurisdiction in actions upon ally applicable to the court and judges. contract. § 3226. The provisions of chapter nineteenth of this act, excluding titles tenth and eleventh thereof, apply to the municipal 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. § 3227. [am'd 1881.] The municipal court of the city of Rochester has jurisdiction of an action to recover damages upon or for a breach of contract, express or implied, other than a promise to marry, when the sum claimed does not exceed five hundred dollars. TITLE CHAPTER XXI. COSTS AND FEES. I-AWARDING AND ENFORCING PAYMENT OF COSTS. TITLE II.-FIXING THE AMOUNT OF COSTS. TITLE III.-SECURITY FOR COSTS. TITLE IV.-GENERAL PROVISIONS RELATING TO FEES. TITLE V.-SUMS ALLOWED AS FEES.. TITLE I. Awarding and enforcing payment of costs. ARTICLE 1. General regulations respecting the awarding of costs. 2. Regulations respecting the awarding of costs in particular cases. 3. Miscellaneous provisions. ARTICLE FIRST. GENERAL REGULATIONS RESPECTING THE AWARDING OF COSTS. 3228. When plaintiff entitled to costs of course. 3229. When defendant entitled to 3234. Costs, where there are several issues of fact. 3235. Id.; after discontinuance upon 3236. Costs of a motion. 3239. Id.; upon appeal from interloo- § 3228. The plaintiff is entitled to costs, of course, upon the rendering of a final judgment in his favor, in either of the following actions : 1. An action, triable by a jury, to recover real property, or an interest in real property; or in which a claim of title to real property arises upon the pleadings, or is certified to have come in question upon the trial. 2. An action to recover a chattel. But if the value of the chattel, or of all the chattels, recovered by the plaintiff, as fixed, together with the damages, if any, awarded to him, is less than fifty dollars, the amount of his costs cannot exceed the amount of the value and the damages. 3. An action specified in subdivision first, third, fourth, or fifth of section two thousand eight hundred and sixty-three of this act. But if, in an action to recover damages for an assault, battery, false imprisonment, libel, slander, criminal conversation, seduction, or malicious prosecution, the plaintiff recovers less than fifty dollars damages, the amount of his costs cannot exceed the damages. 4. An action, other than one of those specified in the foregoing subdivis ions of this section, in which the complaint demands judgment for a sum of money only. But the plaintiff is not entitled to costs, under this subdivision, unless he recovers the sum of fifty dollars or more. § 3229. The defendant is entitled to costs, of course, upon the rendering of final judgment, in an action specified in the last section, nnless the plaint But where, in such an action iff is entitled to costs, as therein prescribed. against two or more defendants, the plaintiff is entited to costs against one or more, but not against all of them, none of the defendants are entitled to costs, of course. In that case, cost may be awarded, in the discretion of the court, to any defendant, against whom the plaintiff is not entitled to costs, where he did not unite in an answer, and was not united in interest, with a defendant, against whom the plaintiff is entitled to costs. § 3230. Except as prescribed in the last two sections, the court may, in its discretion, award costs to any party, upon the rendering of a final judgment. § 3231. Where two or more actions are brought, in a case specified in section four hundred and fifty-four of this act, or otherwise for the same cause of action, against persons who might have been joined as defendants in one action, costs, other than disbursements, cannot be recovered, upon the final judgment, by the plaintiff, in more than one action, which shall be at his election. But this prohibition does not apply to a case where the plaintiff joins as defendants, in each action brought, all the persons liable, not previously sued, who can, with reasonable diligence, be found within the State; or, if the action is brought in a superior city court, or the marine court of the city of New York, or a county court, within the city or county, as the case may be, where the court is located. §3232. Where an issue of law and an issue of fact are joined, between the same parties to the same action, and the issue of fact remains undis posed of, when an interlocutory judgment is rendered upon the issue of law; the interlocutory judgment may, in the discretion of the court, deny costs to either party, or award costs to the prevailing party, either absolutely, or to abide the event of the trial of the issue of fact. § 3233. Section seven hundred and seventy-nine of this act applies to interlocutory costs, awarded as prescribed in the last section, as if they were costs of a motion. 3234. In an action specified in section three thousand two hundred and twenty-eight of this act, wherein the complaint sets forth separately two or more causes of action, upon which issues of fact are joined, if the plaintiff recovers upon one or more of the issues, and the defendant upon the other or others, each party is entitled to costs against the adverse party, unless it is certified that the substantial cause of action was the same upon each issue; in which case, the plaintiff only is entitled to costs. Costs, to which a party is so entitled, must be included in the final judgment, by adding them to, or offsetting them against, the sum awarded to the pre vailing party; or otherwise, as the case requires. But this section does not entitle a plaintiff to costs, in a case specified in subdivision fourth of section three thousand two hundred and twenty-eight of this act, where he is not entitled to costs, as prescribed in that subdivision. 3235. Where an action, brought before a justice of the peace, or in a district court of the city of New York, or a justices' court of a city, 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, entitled to costs except that, where final judgment is rendered therein, in favor of the defendant, upon trial of an issue of fact the plaintiff is entitled to costa, unless it is certified, that the title to real property came in question on the trial, § 3236. Costs, upon a motion in an action, where the costs thereof are not specially regulated in this act, or upon a reference made pursuant to sections six hundred and twenty-three, six hundred and twenty-four, eight hundred and twenty-seven, or one thousand and fifteen of this act, may be awarded, either absolutely or to abide the event of the action, or of the reference, to any party in the discretion of the court or judge. §3237. The foregoing sections of this article do not affect the recovery of costs upon an appeal. § 3238. Upon an appeal from the final judgment in an action, the recovery of costs is regulated as follows: 1. In an action specified in section three thousand two hundred and twenty-eight of this act, the respondent is entitled to costs upon the affirmance, and the appellant upon the reversal, of the judgment appealed from; except that, where a new trial is directed, costs may be awarded to either party, absolutely or to abide the event, in the discretion of the court. 2. In every other action, and also where the final judgment appealed from is affirmed in part, and reversed in part, costs may be awarded in like manner, in the discretion of the court. § 3239. Upon an appeal from an interlocutory judgment or an order, in an action, costs are in the discretion of the court, and may be awarded, absolutely, or to abide the event, except as follows: 1. Where the appeal is taken from an order, granting or refusing a new trial, and the decision upon the appeal refuses a new trial, the respondent is entitled, of course, to the costs of the appeal. 2. Where an appeal is taken from an order, refusing a new trial, and an appeal is also taken from the judgment rendered upon the trial, neither party is entitled to the costs of the appeal from the order. § 3240. [am'd 1881.] Costs in a special proceeding, instituted in a court of record, or upon an appeal in a special proceeding, taken to a court of record, where the costs thereof are not specially regulated in this act, may be awarded to any party, in the discretion of the court, at the rates allowed for similar services, in an action brought in the same court, or an appeal from a judgment taken to the same court, and in like manner. ARTICLE SECOND. REGULATIONS RESPECTING THE AWARDING OF COSTS IN PARTICULAR CASES. § 3241. Where costs are awarded against the people of the State, in an action or a special proceeding brought, by a public officer, pursuant to any provision of law, and the proceedings have not been stayed, by appeal or otherwise; the comptroller must draw his warrant upon the treasurer, for the payment of the costs, out of any money in the treasury, appropriated for that purpose, upon the production to him of an exemplified copy of the judgment, or order awarding the costs, and, where the amount is not fixed thereby, of a taxed bill of costs; accompanied, in either case, with a certifi |