include those styled, in the existing laws, "deputies" and "clerks employed by the clerk", and all the clerks and other employes, in the office of the clerk of the court of common pleas for the city and county of New-York, specified in section 2 of chapter 664 of the laws of 1869, or actually employed, pursuant to the existing laws, to do clerical duty in the office of the clerk of that court, or the clerk of the superior court of the city of NewYork; those styled, in section 309, "special deputy-clerks and assistants in the clerk's office", include those styled, in the existing laws, "deputies", of whom the deputy-clerk of the city court of Brooklyn, specified in section 284, is one; those styled, in section 328 of that act, "assistants", include those styled, in the existing laws, "assistant-clerks". This enumeration shall not be construed to exclude, from the provisions of this section, any other officer or employe, performing the duties of an office or employment, which is designated or referred to in that act, by a title or description other than that which it bears in the existing laws.

SECTION 15.* The term "existing laws", as used in this act, designates the statutes of the State remaining unrepealed on the 30th day of April, 1877.

SECTION 16. This act and the Code of Remedial Justice shall not be printed or published for the use of the State, or of any State department, or State officer, or otherwise in any manner at the expense of the State, except in the volumes containing the laws of this session, to be printed and published as prescribed by law; they shall be printed in one volume, which shall contain no other law passed at this session; nor shall they be printed or published in any newspaper, at the expense of the State, or of any county. All laws relating to printing, distributing, or publishing any of the statutes of the State, at the public expense, shall be deemed inapplicable to those two acts, except as respects the printing, publication, and distribution thereof, in the volumes containing the laws of this session.

SECTION 17. This act shall take effect immediately.

* Amended, L. 1877, ch. 318, § 5.

See p. 656, post.

SUSPENDING ACT.

LAWS OF 1877, CHAP. 318.*

AN ACT

TO SUSPEND THE OPERATION OF PARTS OF CHAPTERS FOUR HUNDRED AND FORTY EIGHT AND FOUR HUNDRED AND FORTY-NINE OF THE LAWS OF EIGHTEEN HUNDRED AND SEVENTY-SIX, TO CONTINUE IN FORCE THE LAWS SUPERSEDED THEREBY, AND TO REGULATE PROCEEDINGS IN CIVIL ACTIONS.

PASSED MAY 22, 1877.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The operation of all the provisions of chapters four hundred and forty-eight and four hundred and forty-nine of the laws of eighteen hundred and seventy-six, except sections three hundred and three to three hundred and six, both inclusive, and sections one thousand and twenty-seven to one thousand one hundred and eighty, both inclusive, of said chapter four hundred and forty-eight, and so much of subdivisions two and seven, of section five of said chapter four hundred and forty-nine, as applies to said sections, is hereby suspended until the first day of September, eighteen hundred and seventy-seven, when the same shall again go into and remain in full force and effect.

SECTION 2. Any summons actually issued in an action on or after the first day of May, eighteen hundred and seventy-seven, and before this act takes effect, shall not be deemed invalidated or affected in any manner by the provisions of this act, and the same may be served upon any of the defendants, and judgment by default for want of appearance or answer may be taken as if this had not been passed; or if the defendant answers, the proceedings in the action to the service of the first pleading therein shall be the same as if this act had not been passed.

SECTION 3. No proceeding in an action or a special proceeding, taken as prescribed in chapter four hundred and forty-eight of the laws of eighteen hundred and seventy-six, on or after the first day of May, eighteen hundred and seventy-seven, and before this act takes effect, shall be invalidated or

* See introduction to the Code of Civil Procedure, ante, p. xii.

impaired by this act, but the subsequent proceedings, except as otherwise provided in the sections mentioned in section one of this act, or as otherwise expressly prescribed in the last preceding section, shall conform, as nearly as may be, to the provisions of law regulating proceedings in actions and special proceedings as they existed on the thirtieth day of April, eighteen hundred and seventy-seven, and the court shall, upon proper application, allow, without costs, any amendment or other proceeding which may be necessary for that purpose.

SECTION 4. All actions or special proceedings commenced after this act takes effect, and all proceedings after this act takes effect in an action or special proceeding commenced before this act takes effect, shall be conducted as prescribed by law for that purpose, in force on the thirtieth day of April, eighteen hundred and seventy-seven, until the first day of September next, except as otherwise prescribed in this act.

SECTION 5. Chapter four hundred and forty-nine of the laws of eighteen hundred and seventy-six is hereby amended as follows:

1. In section five, the words "the first day of May, eighteen hundred and seventy-seven," are stricken out whenever they occur, and the words "the first day of September, eighteen hundred and seventy-seven," are inserted in place thereof, except that the words "the first day of May, eighteen hundred and seventy-seven," are retained in subdivision seven of that section, so far as they apply to title third or title fourth, or article first of title fifth of chapter ten of the said chapter four hundred and forty-eight of the laws of eighteen hundred and seventy-six.

2. In section fifteen of the said act, the words "the thirtieth day of April, eighteen hundred and seventy-seven," are stricken out, and the words "the thirty-first day of August, eighteen hundred and seventy-seven," are substituted in place thereof, except so far as they apply to title third or title fourth, or article first of title fifth of chapter ten of the said chapter four hundred and forty-eight of the laws of eighteen hundred and seventy-six.

SECTION 6. The provisions of law which were in force on the thirtieth day of April, eighteen hundred and seventy-seven, and which were superseded in whole or in part by the provisions of said chapters four hundred and forty-eight and four hundred and forty-nine of the laws of eighteen hundred and seventy-six, except the provisions superseded by sections three hun dred and three to three hundred and six thereof, both inclusive, and sections one thousand and twenty-seven to one thousand one hundred and eighty thereof, both inclusive, shall be operative and continue in full force and effect until the first day of September, eighteen hundred and seventy-seven.

SECTION 7. This act shall take effect immediately.

EXTRACT CHAP. 416, LAWS OF 1877.

§ 2. The commissioners to revise the statutes are hereby authorized and required, within sixty days after the final adjournment of this session of the legislature, to correct the text of the act, entitled "an act relating to courts, officers of justice and civil proceedings," passed June two, eighteen hundred and seventy-six, by incorporating therein the amendments made by this act, so that the text will read as it is intended by this act that it shall read, and by appending thereto any matters added thereto, by any act or acts supplemental to chapter four hundred and forty-eight of the laws of eighteen hundred and seventy-six, passed at this session of the legislature. The commissioners must make the amendments and corrections specified in this act by causing the act, thus corrected and amended, to be written or printed in a book, and depositing the book in the office of the secretary of State, with a certificate thereupon, signed by the commissioners, or a majority of them, to the effect that it contains the correct text of the Code of Civil Procedure, as amended and completed by the acts of the legislature passed since its enactment. The book so deposited shall be presumptive evidence of the matters so certified. A copy thereof may be read in evidence, if it contains a written or printed certificate of the secretary of State, or of the commissioners to revise the statutes or a majority of them, to the effect that it is a correct transcript of the Code of Civil Procedure, as amended and completed by the acts of the legislature, passed since its enactment.

§ 3. This act and any act or acts, passed at this session of the legislature, supplemental to chapter four hundred and forty-eight of the laws of eighteen hundred and seventy-six, shall not be printed or published for the use of the State, or of any State department or State officer, or otherwise in any manner at the expense of the State, except in the volumes containing the laws of this session, to be printed and published as prescribed by law; nor shall they be printed or published in any newspaper at the expense of the State or of any county. Any act or acts, passed at this session of the legislature, supplemental to chapter four hundred and forty-eight of the laws of eighteen hundred and seventy-six, and also the standard text of the Code of Civil Procedure, prepared by the commissioners to revise the statutes, and deposited in the office of the secretary of State, as provided for by the last preceding sec

tion of this act, with the certificate of the said commissioners thereupon, shall be printed in a separate volume of the session laws, which shall contain no other law passed at this session, and the said standard text of the Code of Civil Procedure shall be separately indexed at the end of the said volume, but the other act or acts in the said volume shall not be indexed.

§ 4. This act shall take effect on the first day of September, eighteen hundred and seventy-seven.