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THE

New York Code of Civil Procedure

CONTAINING ALL

AMENDMENTS OF 1909, WITH NOTES OF DECISIONS TO DATE,
ALSO THE STATE CONSTITUTION, RULES OF THE COURT OF
APPEALS, GENERAL RULES OF PRACTICE AND
MUNICIPAL COURT ACT OF NEW YORK CITY

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ny 189.3 P880.34

COPYRIGHT, 1905 BY H. B. PARSONS

COPYRIGHT, 1906

BY MATTHEW BENDER & CO.

COPYRIGHT, 1907

BY MATTHEW BENDER & CO.

COPYRIGHT, 1908

BY MATTHEW BENDER & CO.

COPYRIGHT, 1909

BY MATTHEW BENDER & CO.

NOV 10 1909

SUMMARY OF CONTENTS.

PART I.

Note Submitted by Board of Statutory Consolidation Relative to Code of Civil Procedure Amendments.

Table 1. Showing Statutes Consolidated in Code and Other Amendments to Code Otherwise than by Removal to Consolidated Laws.

Table 2. Showing Distribution of Section of Code in the Consolidated Laws, Arranged Numerically.

Table 3. Showing Same, Arranged According to the Consolidated Laws.

New York State Constitution.

Rules of Court of Appeals.

Rules for Admission of Attorneys.

General Rules for Practice.

PART II.

Summary of Contents of Code of Civil Procedure.

Code of Civil Procedure.

Schedule of Laws Repealed by Act Amending Code of Civil Pro

cedure Generally (L. 1909, Ch. 65).

Notes to Schedule of Repeals.

Notes to Amendments Made to Code by L. 1909, Ch. 65.

General Construction Act.

Tables of Cases Citing Sections of Code.

Index to Code.

PART III.

Municipal Court Act of the City of New York.

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AN ACT TO PRESCRIBE THE RULES FOR THE CONSTRUC

TION OF THE CONSOLIDATED LAWS AND CODE
AMENDMENTS.

Reported to the Legislature under and in pursuance to the provisions of chapter six hundred and sixty-four of the laws of nineteen hundred and four. (Laws of 1909, chap. 596.

May 29, 1909.)

In effect

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

Section 1. In construing the consolidated laws and the amendments to the code of civil procedure and the code of criminal procedure reported to the legislature by the board of statutory consolidation constituted under the provisions of chapter six hundred and sixty-four, of the laws of nineteen hundred and four, entitled "An act to provide for the consolidation of the statutes of the state," and enacted by the legislature of nineteen hundred and nine, and in construing the act amendatory thereof, known as chapter two hundred and forty of the laws of nineteen hundred and nine, for the purpose of determining the effect of any of the provisions or sections thereof on any other provision or section thereof, or on any special law theretofore enacted, the several provisions and sections of such laws and code amendments and said act amendatory thereof shall not be considered as having been enacted or re-enacted by the legislature at the time of the passage of the consolidated laws or such code amendments or said act amendatory thereof but as having been enacted as of the various times when such provisions and sections first became laws by any earlier statutes, provided, however, that when any provision of law after its first enactment by the legis lature has been amended or re-enacted, then for the purpose of its construction for the determination of its effect on other sections or provisions of the consolidated laws, it shall be considered as having been enacted at the date of such amendment or re-enactment. If in any such consolidated law and such amendments to the code of civil procedure and the code of criminal procedure as enacted by the legislature of nineteen hundred and nine or said act amendatory thereof there shall have been incorporated any provisions of law that have heretofore been superseded or impliedly repealed, the incorporation of any such provisions shall

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