Act takes effect Sep 9. It does not affect an execution issued out of a court of record, before this act takes effect; or the proceedings taken by virtue of such an execution, including the sale of property and the redemption of real property, or a chattel real, sold by virtue thereof. All such proceedings are governed by the provisions of the existing laws relating thereto; which provisions, for that purpose, remain in force as if this act had not been passed. 10. It does not affect any provisions of the existing laws prescribing the place or places where one or more terms of a court, other than the terms of the court of appeals, or the general terms of the supreme court, must or may be held. 11. Except as otherwise prescribed in section two of this act, the repeal of any provisions of the existing laws, which has been amended by a subsequent provision of those laws, not expressly repealed by this act, does not affect the subsequent provision. 12. The repeal of any provision of the existing laws does not revive any law repealed by the latter. 13. The repeal of a law heretofore repealed is not to be construed as a declaration or implication that the repealed law has been in force at any time subsequent to the formal repeal. 14. The repeal of a portion of a law is not to be construed as reviving any other portion of that law which has been expressly or impliedly repealed by a law subsequently enacted. 15. Where a provision of the existing laws, incorporated into or adopted, or otherwise referred to, in any provision of the existing laws remaining in force after this act takes effect, is repealed, that provision, nevertheless, remains in force for the purpose to which it is so referred to, and for no other, except that where it has been revised in and made a part of the act chapter four hundred and forty-eight of the laws of eighteen hundred and seventy-six, entitled "An act relating to courts, officers of justice and civil proceedings," the reference is to be construed as applying to the appropriate provisions so revised. 16. The repeal of any of the existing laws creating, or otherwise relating to, an office or employment, where the same, or a corresponding office or employment, is provided for or recognized in the act specified in subdivision fifteen of this section, or in any of the existing laws remaining in force after this act takes effect, does not create a vacancy therein, or affect the compensation of the incumbent. 17. The repeal of the laws conferring upon a graduate of the law department of the University of Albany, or of the law department of the University of the City of New York, or of the law school of Columbia College, or of the law department of Hamilton College, the right to be admitted to practice as an attorney or counsellor at law, upon the production of his diploma, does not affect the right of a person who was a student in, or was graduated by, either of those departments of schools on or before the first day of April, eighteen hundred and seventy-six, to be so admitted at any time within one year after this act takes effect, upon his complying with the existing laws relating to the admission of such a graduate to practice. § 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 tember 1, hundred and seventy-seven. 1877. *So in the original. .391, 401 United States, designation of person on whom to serve summons, in case of.. issuing warrant of attachment. 636 841 386 531 .803-809 867 1013 .203-208 $76 395 810 ..935, 936 937 1262 25 37 45 55 .398-400 414 416 time fixed by law for commencement or continuance of, cannot be extended. 784 791 may proceed against one or more defendants, where several judgment has been rendered against 1205 ACTION-Continued. subject of, may be submitted on case, proceedings on...... to recover property levied upon, may be brought after inquisition, when.. to recover back purchase price of real property sold on execution, on account of failure SECTION. 1479, 1480 for contribution between owners of real property sold on execution. (See CONTRIBUTION.) (See also the titles of the several courts.) ADMEASUREMENT OF DOWER. (See DOWER, ACTION FOR.) to practice, of attorneys and counsellors... of service of summons, etc... of genuineness of paper, may be required.. ADVERSE POSSESSION. (See LIMITATION OF ACTION.) answer has effect of, on motion to vacate injunction.. upon issuing of attachment, to be filed.. want of, or defect in, title of, does not impair.. of party or sureties, to undertaking... 812 before whom may be taken.. 842-844 to prevent notary's certificate from being evidence. 933 when presumptive evidence, etc. (See DOCUMENTARY EVIDENCE.) to amended pleading, effect of failure to make.. copy of, may be served within twenty days after arrest. (See ARREST.) 145 1041 404 1190 451 452 722-724 725 727 730 709 413 421 421 487 492 .494, 495 498 499 500 507 548 500 509 516 521 522 538 543 630 to court of sessions, in certain cases, who not to sit on... from order removing action, etc., to supreme from superior city court. by party prosecuting, etc., as poor person.. from judgment on demurrer, for frivolousness. extension of time for........ when a case is necessary on, etc.. from order made on motion for new trial on judge's minutes.. 48 271 466 537 785 9:8 999 time of stay on, is not a part of ten years to which lien of judgment is limited. 1.55 .1256, 1257, 1258 how restored on affirmance, or on dismissal of.. 1259 when party may... 1294 parties to, how designated; title of action.. 1295 when person entitled to become party may; dismissal of, in such case for neglect, etc.. 1296-1293 1297 1298 1299 how taken, notice of, etc. 1300 party desiring to review interlocutory judgment on, must specify in notice.. 1301 1302 omission to do any act necessary to perfect, how cured. 1303 cannot be taken from order till same is entered; omission to enter, how cured. deposit in lieu of, how made, etc.. must be filed with clerk.. 1304 1305 1306 1307 when proceedings stayed by; effect of... levy upon personal property, when superseded by and discharged on.. court may limit amount of security upon, in certain cases..... by the people, notice of. perfects appeal and stays execution...... by municipal corporation, notice of, perfects appeal and stays execution, except, etc. interlocutory judgment or order may be reviewed on appeal from final judgment.. enforcement of judgment afirmed on.. of order aflirmed on, in special proceedings.. mode of cancelling or correcting docket of judgment reversed on... to court of appeals. See also COURT OF APPEALS.) (See SUPREME COURT; SUPERIOR CITY COURTS.) from final order in special proceeding. (See SPECIAL PROCEEDING.) orders of, when delivered by sheriff to successor, and duties of new sheriff, upon such delivery, writ of ne exeat abolished.. when plaintiff's right to, depends on nature of action.. depends partly on extrinsic facts.. order, when and where made.. when of right and when discretionary. recovery of foreign judgment not to affect right to. of woman, when allowed. of lunatic, etc., or infant under 14, not allowed, discharge, etc. of Innatic, infant, etc., action for damages for. of person sued in representative capacity, not allowed, except for personal act, etc.. proof necessary to obtain....... ARREST-Continued. order of, may be granted at any time after commencement of action.. may be granted to accompany summons made by judge, security upon do. court, do. contents and requisites of; to whom directed. copies of papers to be delivered to defendant; originals to be filed. order of, how executed application to obtain, vacate, etc., order, how soon decided cases where defendant actually confined under order of, have preference on calendar cannot be granted in controversy submitted.. bail on. (See BAIL.) ASSAULT AND BATTERY: limitation of action for... ASSESSMENT OF DAMAGES : when testimony required on, may be taken by commission.. ASSIGNEE: cannot be arrested, except for personal act... ASSIGNMENT: of bond for jail liberties. (See BOND FOR JAIL LIBERTIES.) ASSOCIATE JUSTICE. (See COURT OF APPEALS; SUPREME COURT.) ASSOCIATION: 354 863 1213-1215 555 what interest in real property may be attached.. 645 stock in, or unpaid subscription to stock of foreign corporation, may be attached 646 |