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have been incorporated in the Codes, and unless he was able to bring all the law upon any one subject under that very subject itself.
For example, in collecting the law for the title “ Corporations,” it was found necessary to take the provisions relating to the general powers, privileges and liabilities of corporations from the Revised Statutes and certain general acts. The provisions as to actions by or against corporations and to dissolve the same, and those governing the rights and duties of receivers, were derived from the session laws, the Revised Statutes and the Code of Civil Procedure. The penal provisions as to corporations, their officers and agents, were found in the Penal Code; and criminal proceedings against corporations were taken from the Code of Criminal Procedure. At the end of the subject are given cross-references as to taxation of corporations, and other important matters necessary to make the title complete. Every important subject was found to embrace, in like manner, portions of the Revised Statutes, the session laws and the Codes. On this account, and because otherwise the work would not be complete, there have been introduced in their proper places the present Constitution, every section of all the Codes, and all portions of the Revised Statutes and of the general laws now in force.
With our general statutes thus modified, amended, codified and dismembered, it has not been easy to devise a plan which would be simple and yet comprehensive enough to embrace in one work all the matter above mentioned; a plan which would at the same time put in their proper places those parts of the several subjects which have been added, and restore those which have been severed and disassociated during the past sixty-one years, and yet make it possible to consult easily and accurately every part of the whole.
The changes in the matter and methods of our recent legislation have seemed to make it impossible to accomplish the object in view either by following the old arrangement of the Revised Statutes, or by simply reprinting seriatim the Codes and statutes. This was especially true of the Penal Code and the last nine chapters of the Code of Civil Procedure, which gathered into separate books many provisions which in the Revised Statutes were placed with the several subjects to which they related. An official reviser, with power to strike out or amend, might possibly adopt a different system, but it is believed that no better method than the one used herein has been found, by which to collate, segregate, and, by ample cross-references, to systematize, arrange and adapt to ready and common use the unwieldy mass of our legislation.
The general plan of the present compilation was conceived more than ten years ago, but many changes have been necessary as the work progressed during that period. To verify the matter contained herein there have been necessarily prepared three other works upon the statutes, one of which has been published in the author's “ Chronological Table of the Statutes of New York State.”
Each subject has, so far as possible, been made complete in itself, either in its text, or by cross-references, or both. This will often call attention to other kindred and material legislation which might not otherwise be suggested to the mind. Every topic has, by cross-references, been made available under as many heads as possible, in order to aid in readily finding the law.
The alphabetical arrangement has many advantages, and it is believed that the table, which will be found in front of the general index, showing the location in the book of every statute and of all the sections of the Revised Statutes and Codes, will remove most, if not all, of the objections arising from this change of arrangement.
The enormous amount of matter to be included in the book has made it necessary to use every proper means to economize space. To this end, and because the present plan renders them unnecessary, the titles of all acts, and the long tables of contents of the sections of the Revised Statutes, and the full text of the town and county boundaries have been omitted, and every legitimate effort has been made to reduce the size, and, consequently, the cost of the book. It has not always been easy to decide under what subjects certain provisions should be put; but, after a careful consideration, each subject has been so arranged as to make it as complete as possible in itself, with a full and convenient system of cross-references. Local provisions have been omitted, except where they were found in the Codes or general statutes.
All the decisions cited have been carefully examined, and great pains have been taken to weed out such as are obsolete, and to give only such as are now valuable. To save space, the titles of the cases have been omitted. The decisions have, where necessary to facilitate their use, been put under the subdivisions of the various sections to which they relate.
Some acts which are given in other collections of the statutes, but which seemed to be obsolete, superseded or local, have been omitted, but with notes explaining the reasons for the omission. In like manner other acts, heretofore dropped, have been restored, where they seemed to be still in force.
References under each important subject will show where the principal earlier laws under that head are to be found. These references, as well as those to the town and county boundaries, and the city charters, are to the author's Chronological Table of the Statutes, where a full list of the amending and modifying laws will be found. Wherever it seemed desirable, historical, explanatory or other notes have been given. Every effort has been used to assure, accuracy in all parts of the work.
The original spelling and punctuation have been carefully followed, although these very often differ in various parts of the same act or in amendments thereof.
The author desires to express his indebtedness to Messrs. John W. Fiske, Sumner B. Stiles, John R. O'Donnell and William E. Bullock for the valuable assistance which they have rendered him in preparing the book for press and in its publication.
CLARENCE F. BIRDSEYE. New York. December 2, 1889.
Pursuant to Section 932 of the Code of Civil Procedure, as amended by Chapter 594 of the Laws of 1895, I, JOHN PALMER, Secretary of State, DO HEREBY CERTIFY, that the copies of the Revised Statutes, Codes, or other laws contained in this volume are correct transcripts of the text of the original laws, and in accordance with said section are entitled to be read in evidence.
GIVEN under my hand and the seal of the office of the Secretary [LS] of State at the City of Albany, this 28th day of September, in
the year one thousand eight hundred and ninety-six.
Secretary of State
of the State of New York.
Abb. Ct. App. Dec....
Abbott's Court of Appeals Decisions. Abb. N. C..
Abbott's New Cases. Abb. Pr..
Abbott's Practice Reports. Abb. Pr. N. S.
Abbott's Practice Reports. New Series. Anth. N. P.
Anthon's Nisi Prius Reports. App. Div.
Appellate Division Reports. Barb.
Barbour's Supreme Court Reports. Barb. Ch.
Barbour's Chancery Reports. Bosw
Bosworth's Reports. Bradf.
Bradford's Reports. c. or c.
Caines' Reports. Cai. Cas
Caines' Cases. Ch. Sent.
Chancery Sentinel. City Ct...
City Court Reports. C. H. Rec.
City Hall Recorder. Civ. Pro..
Civil Procedure Reports. Code Civ. Pro.
Code of Civil Procedure. Code Crim. Pro.
Code of Criminal Procedure. Code Rep..
Code Reporter. Col. & C. Cas..
Coleman & Caines' Cases. Cow.
Cowen's Reports. Dem.
Demarest's Reports. Den..
Denio's Reports. Edw. Ch.
Edwards' Chancery Reports. Hill & Den..
Hill & Denio's Supplement. Hilt.
Hilton's Reports. Hoff. Ch..
Hoffman's Chancery Reports. Hopk. Ch.
Hopkins' Chancery Reports. How. Pr.
Howard's Practice Reports. How. Pr. N. S.
Howard's Practice Reports, New Series. Johns..
Johnson's Reports. Johns. Cas.
Johnson's Cases. Johns. Ch.
Johnson's Chancery Reports. K. & Ꭱ.
Kent & Radcliff's Revised Acts of 1801. Lans.
Lansing's Supreme Court Reports. L..
Laws. L. B.
Law Bulletin. McC. Civ. P.R.
McCarty's Civil Procedure Reports. Misc.
Miscellaneous Reports. N. Y.
New York Reports. N. Y. Cr. R.
New York Criminal Reports. N. Y. Leg. Obs.
New York Legal Observer. N. Y. St R...
New York State Reporter. N. Y. Super.
New York Superior Court Reports. N. Y. Supp.
New York Supplement.
Parker's Criminal Reports. Pen. Code.
Penal Code. R. L.
Revised Laws of 1813, by Van Ness and Woodworth. R. S.
Revised Statutes, first edition. Redf
Redfield's Reports. Rep.
Robertson's Reports. Sandf
Sandford's Reports. Sandf. Ch.
Sandford's Chancery Reports.
Same Case. Sheld.
Sheldon's Reports, Superior Court of Buffalo. T....
Title. T. & C.
Thompson & Cook's Supreme Court Reports. Trans. App.
Transcript Appeals. Tuck..
Tucker's Reports. W. D.
N. Y. Weekly Digest. Wend.
Wendell's Reports. Wh. (r. C....
Wheeler's Criminal Cases. Section numbers in notes, etc., are inclusive, and, unless otherwise specially indicated, refer to the black letter numbers of the sections of this book.
see Highway Law, $ 206.
99, 115, 117, 150; Railroad Law, SS 13, 136, 142a; Transportation Corporations
Law, SS 126, 139, 148, 142a.
SS 11, 13; Public Health Law, & 6; Villages, $ 45, [ 20.
ABATEMENT AND REVIVAL. 1 When action not to abate. An action does not abate by any event, if the cause of action survives or continues. A special proceeding does not abate by any event, if the right to the relief sought in such special proceeding survives or continues, but this provision as to a special proceeding applies only to cases where a party dies after this act takes effect. Code Civ. Pro., § 755, as am’d L. 1891, c. 284. 44 N. Y. 666; 49 id. 125; 58 id. 282; 59 id. 450; 73 id. 384; 59 id. 548; 81 id. 500; 90 id. 461,
464, rev'g 48 N. Y. Super. 306; 8. c. 2 Civ. Pro. 48; 104 N. Y. 613, 617; 4 Hun, 48; 34 id. 273; 5 W. D. 270; 11 id. 368; 6 Civ. Pro. 144; 8'id. 280; 3 id. 445; 8. c. 65 How. Pr. 317, aff'g 3 Civ. Pro. 56; 4 id. 75; 12 Daly, 228, 229; 53 N. Y. Super. 78; s. c. 9 Cir. Pro. 107; 55 N. Y. Super. 540; 3 Dem. 236; s. c. 1 How. Pr. N. S. 66; 18 Civ. Pro. 90; 22 id. 402; 20 id. 238; 65 Hun, 562; 81 id. 387; 82 id. 303; 24 Abb. N. C. 89; 43 N. Y. St. R. 616, 654; 48 id. 862; 56 id. 72; 63 id. 160, 788.