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. § 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. § 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 seventyseven," 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 seventyseven," 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. § 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provisions of law which were in force on the thirtieth day of April, eighteen hundred and seventy-seven, and which were superseded in whole or in part by the provisions of said chapters four hundred and forty-eight and four hundred and forty-nine of the laws of eighteen hundred and seventy-six, except the provisions superseded by sections three hundred and three to three hundred and six thereof, both inclusive, and sections one thousand and twenty-seven to one thousand one hundred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. $ 7. This act shall take effect immediately. Office of the Secretary of State. } I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. JOHN BIGELOW, 294 Secretary of State, REPEALING ACT. CHAPTER 417. AN ACT to repeal certain acts and parts of acts. PASSED June 5, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The following acts, and parts of acts, heretofore passed Acts reby the legislature of the State, are hereby repealed, to wit: 1. Of the first part of the Revised Statutes: title fourth of chapter fifth. 2. Of the second part of the Revised Statutes: (1.) Section* five and six of title fifth of chapter first. (2.) Sections sixteen, seventeen and twenty-seven of chapter third. (3.) The following portions of chapter fifth: All of article first of title first. The concluding portion of section seventeen of article sixth of the same title, beginning with the words "but whenever any person shall have remained charged." 3. Of the third part of the Revised Statutes: (1.) The following portions of chapter first: All of article third of title first. All of title second, except sections thirty-eight, thirty-nine, fortythree and forty-five, and articles sixth and seventh of that title. All of title third. Sections one to twenty-seven, both inclusive, and section forty-five of title fourth. All of title fifth, except sections four, five, six, seven, twenty-one, twenty-four, twenty-five, twenty-seven, twenty-eight and twenty nine thereof, and except so much of sections eleven and fourteen thereof, as relates to criminal courts. (2.) The following portions of chapter second: Sections two hundred and forty-five, two hundred and forty-six, two hundred and forty-seven and two hundred and forty-eight of tale fourth. * So in the original. pealed, etc. Revised Statutes. Code of ure. (3.) All of chapter third, except section fourteen of title first; and sections forty, forty-one, forty-four, forty-five and forty-eight, and sections fifty-four to sixty-one, both inclusive, of title second. (4.) Sections twenty-two to twenty-nine, both inclusive, of title fifth of chapter fifth. (5.) All of chapter sixth, except sections twelve and thirteen of title second; section fourteen of title fourth, and articles first and second of title sixth. (6.) All of chapter seventh, except sections fifteen and sixteen of title second; and sections sixty-three to seventy, both inclusive, and sections seventy-four, seventy-five and seventy-six of title third. (7.) The following portions of chapter eighth: All of title first. All of title second. Section eight of title third. All of article first of title fourth, except sections one to three thereof, both inclusive, and sections twelve to fifteen thereof, both inclusive. The following portions of title sixth, to-wit: so much of sections sixteen to twenty-one thereof, both inclusive, as relates to petit jurors, and sections thirty-seven to forty-two thereof, both inclusive. Section one of title thirteenth. All of title seventeenth, except sections one, thirteen, fourteen, fifteen, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-two and thirty-five thereof. (8.) The following portions of chapter ninth: All of title third, except section sixty-six thereof, and so much of article third thereof as applies to appeals from surrogates' courts. 4. All of the Code of Procedure; except the following sections and parts of sections thereof, to wit: Sections one to eight, both inclusive. The introductory clause, and subdivisions two, ten and eleven of section thirty. Sections fifty-two to seventy-one, both inclusive. Section one hundred and eleven. Section one hundred and twelve. Section one hundred and eighteen. Section one hundred and thirty-two. The introductory clause, and subdivisions one and four of section one hundred and thirty-six. Section one hundred and sixty-six. The concluding portion of section one hundred and sixty-seven, beginning with the words "in actions to foreclose mortgages." Sections two hundred and six to two hundred and seventeen, both inclusive. Section two hundred and twenty-four. Section two hundred and forty-three. The introductory clause, and subdivisions three and four of section two hundred and forty-four. Those portions of section two hundred and fifty-six, which are not inconsistent with or superseded by 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." That portion of section two hundred and sixty-one, beginning with the words "in an action for the recovery of specific personal property," and ending with the words "or taking and withholding such property." Section two hundred and seventy-seven. The concluding portion of section two hundred and eighty-four, beginning with the words "when judgment shall have been rendered." Sections two hundred and ninety-two to three hundred and nine, both inclusive. Sections three hundred and eleven to three hundred and twenty-two, both inclusive. Sections three hundred and fifty-one to three hundred and seventyone, both inclusive. Sections three hundred and seventy-five to three hundred and eightyone, both inclusive. Sections four hundred and twenty-seven to four hundred and sixtynine, both inclusive. Sections four hundred and seventy-one to four hundred and seventythree, both inclusive. 5. Of the laws of eighteen hundred and thirty-one : Chapter one hundred and ninety-one. 6. Of the laws of eighteen hundred and thirty-two: Chapters one hundred and twenty-eight, one hundred and fiftyeight and two hundred and seventy-six. 7. Of the laws of eighteen hundred and thirty-three: Chapters fourteen, one hundred and fifty-nine and one hundred and eighty-seven. All of chapter two hundred and seventy-one, except section six thereof. 8. Of the laws of eighteen hundred and thirty-four: Chapters ninety-four and two hundred and sixty-two. 9. Of the laws of eighteen hundred and thirty-five: Chapters one hundred and fifty-nine, one hundred and eighty-nine, one hundred and ninety-seven and two hundred and eleven. 10. Of the laws of eighteen hundred and thirty-six: Chapters four hundred and thirty-nine, four hundred and ninetynine and five hundred and twenty-five. 1831. 1832. 183. 1834. 1833. 1836. 11. Of the laws of eighteen hundred and thirty-seven: 1837. Chapers ninety-three, one hundred and sixty-four, four hundred and sixty-two and four hundred and sixty-eight. 12. Of the laws of eighteen hundred and thirty-eight: Chapter one hundred and twenty-nine. 1838. 13. Of the laws of eighteen hundred and thirty-nine: Chapter one hundred and sixteen. 1839. Sections one, two, five, six, nine, ten, fourteen, fifteen, seventeen, eighteen and twenty of chapter two hundred and ten. Ail of chapters three hundred and three, three hundred and seventeen and three hundred and forty-six. 14. Of the laws of eighteen hundred and forty: Chapter two hundred and fifty-one, except sections nine and ten thereof. All of chapter two hundred and seventy-six. 15. Of the laws of eighteen hundred and forty-one: Chapters one hundred and ninety-three, two hundred and twentyfour, two hundred and forty-two, two hundred and seventy-two and two hundred and eighty-two. 16. Of the laws of eighteen hundred and forty-two: Chapter one hundred and nine, except section five thereof. So in the original. 1840. 1841. 1842. 1843. 1844. 1845. 1816. 1847. 1818. 1849. Section one of chapter one hundred and fifty-seven. All of chapters one hundred and forty-eight, two hundred and ninety-five and three hundred and twenty-four. 19. Of the laws of eighteen hundred and forty-five: Section one of chapter one hundred and twelve. All of chapters one hundred and thirty-three, one hundred and sixty-three, two hundred and twenty-nine, two hundred and thirtyone, two hundred and thirty-four and three hundred and three. 20. Of the laws of eighteen hundred and forty-six : Chapters two, thirty-two, seventy-five, one hundred and twenty, one hundred and fifty, two hundred and forty and two hundred and fortythree. 21. Of the laws of eighteen hundred and forty-seven : Section one of chapter one hundred and thirty-four. Section fifteen of chapter two hundred and seventy-six. Sections twelve, thirteen and fourteen of chapter two hundred and seventy-seven. All of chapter two hundred and eighty, except the following portions thereof, to wit: article first and article fifth; sections twentytwo, twenty-five, thirty-two, thirty-three, thirty-seven and sixty-five; and so much of sections twenty-eight and forty-five as applies to surrogates' courts. All of chapter three hundred and seventy-seven. Sections two and three of chapter three hundred and ninety. Sections one to six, both inclusive, of chapter four hundred and ten. All of chapter four hundred and seventy, except sections fourteen, twenty-six, thirty-two, thirty-three, thirty-five, forty-five and fiftythree thereof. All of chapter four hundred and ninety-five, except the last sentence of section two thereof. 22. Of the laws of eighteen hundred and forty-eight: Chapters two hundred and twenty-two, two hundred and twentyfour, two hundred and seventy-seven, three hundred and seventy-nine and three hundred and eighty. 23. Of the laws of eighteen hundred and forty-nine: Chapter eight. All of chapter one hundred and twenty-four, except sections one and thirteen thereof. All of chapter one hundred and twenty-five, except sections one, eleven, twelve, twenty and twenty-one thereof, and sections twentyseven to thirty-nine thereof, both inclusive; but the repeal of section. ten does not affect section five of chapter sixty-six of the laws of eighteen hundred and sixty-three; and the repeal of section twentyfour does not affect section twelve of chapter four hundred and seventy of the laws of eighteen hundred and seventy. Sections five, eight, nine and ten of chapter one hundred and fortyfour. Section thirty-two of chapter two hundred and twenty-six. |