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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 by a subsequent provision of those laws, not expressly repealed by this act, does not affect the subsequent provision.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 The repeal of any provision of the existing laws does not revive any law repealed by the latter.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 The repeal of a law heretofore repealed is not to be construed as a declaration or implication that the repealed law has been in force at any time subsequent to the formal repeal.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portion of a law is not to be construed as reviving any other portion of that law which has been expressly or impliedly repealed by a law subsequently enacted.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or otherwise referred to, in any provision of the existing laws remaining in force after this act takes effect, is repealed, that provision, nevertheless, remains in force for the purpose to which it is so referred to, and for no other, except that where it has been revised in and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 te, 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.

Act takes § 5. This act shall take effect on the first day of September, eighteen effect September 1, hundred and seventy-seven.

1877.

*So in the original.

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United States, designation of person on whom to serve summons, in case of..
the State, when ground for publication, etc., of summons.

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issuing warrant of attachment.......................... ..............

636

841

ACCOUNT:

386

531

.803-809

867

1013

.203-208

United States, presumption of death, in case of.....

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severance of, against defendants severally liable.

456

on undertaking given on obtaining injunction....

625

to recover attached property, etc...

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time fixed by law for commencement or continuance of, cannot be extended.
preference among, on calendar..

784

791

may proceed against one or more defendants, where several judgment has been rendered against
others..

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
of title....

SECTION.
................ 1279-121
1420

account of failure

for contribution between owners of real property sold on execution. (See CONTRIBUTION.)
upon bond for jail liberties. (See BOND FOR JAIL LIBERTIES.)

periods of limitation of. (See LIMITATION OF ACTION.)

place of trial of. (See TRIAL.)

consolidation of. (See CONSOLIDATION OF ACTIONS.)
continuance of, after transfer. (See CONTINUANCE.)
criminal. (See CRIMINAL ACTION.)

ADJOURNMENT:

of court of record, proceedings on..

when judge fails to appear..........

of record, in case of war, etc.
not to produce abatement, etc..

(See also the titles of the several courts.)

ADMEASUREMENT OF DOWER. (See DOWER, ACTION FOR.)
ADMINISTRATORS. (See EXECUTORS AND ADMINISTRATORS.)
ADMISSION:

to practice, of attorneys and counsellors.

of service of summons, etc....

of genuineness of paper, may be required...

ADVERSE POSSESSION. (See LIMITATION OF ACTION.)

AFFIDAVITS :

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.

1479, 1180

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of party or sureties, to undertaking...

$12

before whom may be taken..

842-844

to prevent notary's certificate from being evidence.

933

when presumptive evidence, etc. (See DOCUMENTARY EVIDENCE.)

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to amended pleading, effect of failure to make..

copy of, may be served within twenty days after arrest. (See ARREST.)
verified, effect of, on motion for injunction, etc...

492

491,

495

4998

499

500

507

508

509

509

516

521

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538

543

630

ANSWER-Continued.

may be stricken out, for disobedience to order for discovery, etc..
when issue of fact raised by..............

APPEAL:

(See also PLEADING.)

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..

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time of stay on, is not a part of ten years to which lien of judgment is limited.
lien of judgment, how and when suspended on..

1:55

.1256, 1257, 1258.

how restored on affirmance, or on dismissal of..

129

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.............. 1296-1299
when adverse party has died, how taken; substitution of parties; undertaking.
where party dies pending an, proceedings for revival or dismissal...
application and order for substitution on, how made...

1297

1298

1299

how taken, notice of, etc..

1300

party desiring to review interlocutory judgment on, must specify in notice...
notice of, how served in case of death, etc., of attorney.

1301

1302

omission to do any act necessary to perfect, how cured..

cannot be taken from order till same is entered; omission to enter, how cured.
undertaking on, may be waived by consent..........

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levy upon personal property, when superseded by and discharged on.
court may limit amount of security upon, in certain cases...

1310

1311

1312

1313

1314

1315

1316

1317

1318

1319

1320

..1321, 1322

1323

by the people, notice of, perfects appeal and stays execution.

by municipal corporation, notice of, perfects appeal and stays execution, except, etc..
certain papers to be transmitted to appellate court......

interlocutory judgment or order may be reviewed on appeal from final judgment...
court may affirm, reverse, or modify judgment, or order on..

when does not lie from judgment of reversal..

enforcement of judgment affirmed on...

of order afirmed on, in special proceedings..

mode of cancelling or correcting docket of judgment reversed on...
restitution when awarded on reversal..

to court of appeals. See also COURT OF APPEALS.)
to supreme court, and to general term

(See SUPREME COURT; SUPERIOR CITY COURTS.)

from final order in special proceeding. (See SPECIAL PROCEEDING.)

APPEALS, COURT OF. (See COURT OF APPEALS.)

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orders of, when delivered by sheriff to successor, and duties of new sheriff, upon such delivery,
not allowed, except by express statutory authority, in civil action, etc..

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 lunatic, infant, etc., action for damages for...

of person sued in representative capacity, not allowed, except for personal act, etc....
order of, required; when and by whom made..

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..
plaintiff's attorney may limit time for execution of.

copies of papers to be delivered to defendant; originals to be filed......
order of, how executed

privilege from; discharge of privileged person

attorneys and other court officers, when privileged from.

defendant has twenty days to answer, after.....

motion to vacate order, etc., when to be made...

how and to whom made.
opposition to

plaintiff's duty, where defendant is in actual custody
supersedeas, unless defendant is charged in execution, etc.......
deposit with sheriff' upon, disposition of

when paid to third person.

sheriff to file papers, if bail not given.....

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injunction and attachment, when not granted together

719

application to obtain, vacate, etc., order, how soon decided

720

cases where defendant actually confined under order of, have preference on calendar
exemption from, of witness, while obeying subpœna. (See WITNESS.)
cannot be granted in controversy submitted

791

1281

bail on. (See BAIL.)

ASSAULT AND BATTERY:

limitation of action for....

ASSESSMENT OF DAMAGES:

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joint-stock. (See JOINT-STOCK ASSOCIATION.)

ATTACHMENT FOR CONTEMPT. (See CONTEMPT; SHERIFF; TRIAL JURORS; WITNESS.)

ATTACHMENT OF PROPERTY.

384

889

... 1213-1215

555

in what actions permitted

proof required to procure

.....

in action against public officer, etc., for peculation, etc.......

warrant, when and by whom granted.

effect of complaint subsequently made..

service of summons after warrant issued..

affidavits to be filed, on procuring....

undertaking required, before granting

warrant must be subscribed by judge and attorney.

contents of warrant; to whom directed..

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635

636

638

639

640

641

641

641

612

643

645

stock in, or unpaid subscription to stock of foreign corporation, may be attached
interest in corporation may be attached

646

647

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