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MANUAL.

Revival of 10. The repeal of any provision of the existing laws does not revive any law repealed by the latter.

laws

Repeal of repealed laws.

Repeal of

portions of

11. The repeal of a law heretofore repealed is not to be construed as a declaration or implication that the repealed law has been in force at any time subsequent to the former repeal.

12. The repeal of a portion of a law is not to be construed as revivtofore ing any other portion of that law which has been expressly or im

law, here

partially

repealed. pliedly repealed by a law subsequently enacted.

Repealed laws re

ferred to in unre

pealed

laws.

Offices:

salaries

fees

13. Where a provision of the existing laws, incorporated into or adopted or otherwise referred to in any other provision of the exist ing laws remaining in force after this act takes effect, is repealed, the former provision, nevertheless, remains in force, for the purpose for which it is so referred to, and for no other; except that where it has been revised in, and made a part of, the Code of Civil Procedure, the reference is to be construed as applying to the appropriate provision so revised.

14. The repeal of any of the existing laws creating or otherwise anders relating to an office or employment where the same or a corresponding office or employment is provided for or recognized in the Code of Civil Procedure, or in any other of the existing laws remaining unrepealed after this act takes effect, does not create a vacancy therein, nor does such repeal, except as otherwise prescribed in subdivision fifty-fifth of section first of this act, abolish, diminish or otherwise affect the salary, fees or other compensation of the incumbent, or the time or manner of the payment thereof, or the fund out of which, or officer by whom they are paid, as regulated by the laws so repealed, or the laws remaining unrepealed; nor does this act affect any provision of the existing laws, which requires, in the city of New-York, a party filing a first note of issue of fact in the supreme court or a superior city court to pay any sum to the clerk; or which relates to the accounting for, application and disposition of, the sums so paid.

44 Existing laws," defined

When act

takes

effect

§ 4. The term "existing laws," as used in this act, designates the statutes of the State remaining unrepealed on the day before this act takes effect.

§ 5. This act shall take effect on the first day of September, eighteen hundred and eighty.

APPENDIX OF FORMS.

PREFATORY NOTE.-This Appendix contains forms for all the proceedings in a civil action before a justice of the peace, under the completed Code of Civil Procedure, from the summons to the execution and appeal; including not only such new forms, as are rendered necessary by changes in the former procedure, but also such forms under the former procedure, as will suffice under the new system. It contains also full forms for proceedings under title 10 of chapter 19, relating to animals straying on the highways, etc.; under title 2 of chapter 17, relating to summary proceedings to recover real property; and under article 2 of title 2 of chapter 14, relating to the new remedy to foreclose a chattel lien. It aims, in short, to furnish to the justice, and to the practitioner before him, all the forms that either one requires to conduct proceedings under the new Code. The editor has not thought it expedient to attempt any thing more. Part III contains all the old unrepealed statutes, regulating civil proceedings before justices of the peace. Many of those statutes contemplate proceedings by an action, in which case, unless the statute specially regulates the proceedings, the new Code must be followed; and in order to render these forms more useful for that purpose, particular care has been taken, in preparing them, to provide fully for an action for a penalty or forfeiture; and the notes to Part III contain many directions for the application of the provisions of the old statutes to proceedings under the Code. But with respect to most of the proceedings regulated by the unrepealed statutes, the new Code has very little application to them, if any; and sufficient forms therefor will be found in the "New Clerk's Assistant," and in other form-books relating to the former practice, and frequently also in blanks, with which most justices are supplied. A few of such forms have been introduced for special reasons, but, as to the great majority of them, the editor believes that his readers will agree with him, that all that is proper in a work of this kind, is to point out, as has been done in Part III, the old statutes that remain unaffected by the new system, without increasing the bulk and expense of this book, by an attempt to indicate, either by text or by forms, the proceedings under them, a task which has been well done, in books with which justices and practitioners before them are already fully supplied.

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The People of the State of New-York, to any constable of the county of ing:

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You are hereby commanded to summon O. P. to appear before the undersigned, a justice of the peace of said town, (or city)

* on the

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day of 1880, street) in said town (er

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Where an order of arrest accompanies the summons, substitute for the clause between the ** the following: "immediately upon his arrest, by virtue of the accompanying order of arrest, and within twelve days after the date hereof."

(§ 1897.)

If the action is brought to recover a penalty, the copy summons served must (and the original should) be indorsed as follows: "According to the provisions of chapter 220 of the session laws of 1880" (or other statute); or, if separate penalties are given in separate sections of the statute, According to the provisions of section 18 of chapter 628 of the Laws of 1857", [entitled "An act to suppress intemperance and to regulate the sale of intoxicating liquors ".] The clause in brackets is not essential, but it is safer to add it.

As to the mode of designating a party, see note to § 2865.

No. 2.

Constable's return of service of summons.

Not served.

(§§ 2883, 2885.)

The within summons was not served, for the reason that after diligent search, I could not find the defendant (or "any officer of the defendant "), upon whom I could serve the same (or other reason, as the case requires).

(Date.)

Served on an individual.
(§ 2878.)

G. H., Constable.

The within summons was personally served on the defendant O. P., on the

day of

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Served on a corporation.

(§ 2879.)

The within summons was personally served on the defendant O. P., on the

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1880, at the town of

by delivering a copy thereof to J. K.,' a director (or other officer named in § 2879, 431, or 432) of such corporation. (Date.) G. H., Constable.

day of

*

On a railroad corporation or express company.

(§§ 2880, 2881.)

(To the *, as in the last form, then add), residing in the county, and designated, by an instrument unrevoked, and filed as prescribed in section 2880 (or 2881) of the Code of Civil Procedure.

(Date.)

The same.

G. H., Constable.

(To the*, as above, then add), a local superintendent of repairs (or other person named in § 2880 or 2881, who is served) of such corporation, residing in the county of no person designated, by an instrument unrevoked, and filed as prescribed in section 2880 (or 2881) of the Code of Civil Procedure, being found, after due diligence, in said county, and there being no officer (or " person", if express co.) residing in said county, upon whom the same could be served, as prescribed in section 2878 or 2879 of the Code of Civil Procedure.

(Date.)

G. H.,

Constable.

In an action for a penalty.
(§ 1897.)

(Add, after either of the foregoing forms which may be used) And I further certify that the following was indorsed upon the copy summons so delivered, to wit, "according" (etc., as in No. 1.)

No. 3.

Authority to private person to serve or execute summons, or other

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to serve (or

C. D., Justice of the Peace.

At the request of the plaintiff, I hereby empower S. P. of "execute") the within summons (or other mandate). (Date.)

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The undersigned, an infant, (or "general guardian of A. B., an infant") hereby requests you to appoint L. M. as the guardian of such infant, for the purpose of an action against O. P.

Dated

(Signed by infant or general guardian.)

Consent.

I do hereby consent to be appointed as the guardian ad litem of A. B., in pursuance of the foregoing application.

Dated

Appointment.

L. M.

In pursuance of the foregoing application and consent, I hereby appoint L. M. as the guardian of A. B., for the purpose of an action against O. P., the said L. M. being a competent and responsible person. C. D., Justice of the Peace.

Dated

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The defendant herein, being an infant, (if the application is made by plaintiff add, “and not appearing upon the return of the summons,' or "and having neglected от "refused," "upon the return of the summons, to nominate a guardian, the plaintiff ") hereby requests you to appoint L. M. (or, if plaintiff applies, a proper person ") as the defendant's guardian for the purpose of this action.

Dated

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(Signed by the party making application.)

Consent.

I do hereby consent to be appointed as the defendant's guardian, for the purpose of the above entitled action.

Dated

Appointment.

L. M.

In pursuance

of the foregoing application and consent, I hereby appoint L. M. as the defendant's guardian, for the purpose of the above entitled action, the said L. M. being

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1. That the defendant is not a resident of the county in which this action is brought;

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