Aw York (State) Laws, statutes, etc. Codes, Civil CODE OF CIVIL PROCEDURE OF THE STATE OF NEW YORK AS AMENDED TO THE CLOSE OF THE LEGISLATIVE WITH TABLE OF CITED CASES WHICH HAVE CONSTRUED THE SECTIONS OF THE CODE; WITH, ALSO, THE GENERAL CONSTRUCTION LAW, AND A LIST OF CITED CASES CON- THE APPELLATE DIVISIONS OF THE SUPREME COURT; THE SPECIAL RULES OF THE SUPREME COURT IN THE FIRST DISTRICT; THE RULES OF THE SURROGATES' COURTS IN NEW YORK, BRONX, KINGS, AND QUEENS COUNTIES; THE DECED- ENT ESTATE LAW; THE RULES OF THE CITY COURT OF NEW YORK CITY; THE MUNIC- IPAL COURT CODE OF NEW YORK BY GEORGE CHASE DEAN OF NEW YORK LAW SCHOOL, NEW YORK CITY; AUTHOR OF CHASE'S THE BANKS LAW PUBLISHING CO. PREFATORY NOTE The "Consolidated Laws" of the State, prepared by the Board of Statutory Consolidation, were enacted by the Legislature as part of the statutes of the year 1909. This Board did not, however, make a revision of the Code of Civil Procedure. "It was deemed advisable at this time," says its report, "not to attempt a revision of the practice, but merely to remove substantive provisions, and to this extent to prepare the way for actual revision." The Board accordingly transferred nearly 600 sections of the Code to the "Consolidated Laws," where, it was considered, they more properly belonged; and, on the other hand, transferred a few sections from the general statutes to the Code. Of the remaining sections of the Code, about seventy-five were amended by the Board, but these amendments were chiefly in the way of inserting cross-references, to connect these sections with those which had been transferred. This Code, therefore, remained the same, in the main, as it was before the "Consolidated Laws" were enacted. But the omission of almost 600 sections without changing the numbering of those that were retained rendered the section-numbers no longer consecutive. Moreover, though many of the transferred sections might be more appropriately placed where they are now found, it was certainly very convenient to have them (since they related to procedure) in the Code itself, with the other provisions as to procedure. Before 1909, for example, the method of proceeding to punish contempt of court, and what constitutes such contempt, was contained in the Code, but since that time it has been found in the Judiciary Law." To have such provisions in a handy edition of the Code has certainly had some advantages over the condition that now prevails of having to seek them in the bulky volumes of the "Consolidated Laws." Until the suggested revision of the Code is accomplished, which may not be for some years, the present Code must continue to be published, and the changes which have been made indicated therein. In the present edition every section that has been transferred to the "Consolidated Laws" has prefixed to it the words [Omitted; see Table, p. iii.] This inclusive), and a reference to it will show at a glance to which Law of the "Consolidated Laws" the particular section has been transferred. and for convenience, sake, printed in full in this edition, but the heading shows that they no longer belong to the Code, but are a part of the other statutes. The new Surrogates' Courts Act (L. 1914, c. 443) which went into effect in the main, a rearrangement and condensation of the former sections of September 1, 1914, is embodied in this edition (pages 682 to 802). It is, upon the Surrogates' Courts which they did not previously possess. the Code upon the same subject, but it also confers important powers Tables on pages xxa to xxf show what sections of the new Surrogates' Act corr spond with those of the old. so close a relation to this Surrogates' Courts Act, that the one forms the The Decedent Estate Law (contained in the Consolidated Laws) bears the one leads necessarily to an examination of the other. In the belief, complement of the other, and it is a daily experience that consultation of have both these statutes in the same volume, I have included the Decedtherefore, that lawyers and law students will find it very convenient to ent Estate Law in this edition as Appendix II (pages 1022a to 1022u). The new Municipal Court Code of New York City (L. 1915, c. 279) is also incorporated in this edition. It went into effect September 1, 1915. |