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Now yorks

(Stato) Laws, statutes, e te
Codes, Civil THE

ca
CODE OF CIVIL PROCEDURE

proced

OF THE

STATE OF NEW YORK

AS AMENDED TO THE CLOSE OF THE LEGISLATIVE

SESSION OF 1916

WITH

TABLE OF CITED CASES

WHICH HAVE CONSTRUED THE SECTIONS OF THE CODE;

WITH, ALBO, THE GENERAL CONSTRUCTION LAW, AND A LIST OF CITED CASES CON-

STRUING THE SAME; THE CONSTITUTION OF THE STATE; THE RULES OF THE
COURT OF APPEALS; THE GENERAL RULES OF PRACTICE; THE RULES OF
THE APPELLATE DIVISIONS OF THE SUPREME COURT; THE SPECIAL
RULES OF THE SUPREME COURT IN THE FIRST DISTRICT, THE
RULES OF THE SURROGATES COURTS IN NEW YORK,
BRONX, KINGS, AND QUEENS COUNTIES; THE DECED-
ENT ESTATE LAW, THE RULES OF THE CITY
COURT OF NEW YORK CITY; THE MUNIC-
IPAL COU'RT CODE OF NEW YORK
CITY; AND THE RULES OF SAID

MUNICIPAL COURT

BY

GEORGE CHASE

DBAN OF New York Law School, New York City; AUTHOR OF Chase's
BLACKSTONE; Chase's STEPHEN'S DIGEST OF THE LAW OF

EVIDENCE; Chase's CASES ON Torts, ETC.

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THE BANKS LAW PUBLISHING CO,
23 PARK PLACE, NEW YORK

132.3 4,916

COPYRIGHT, 1901-1911,

BY

THE BANKS LAW PUBLISHING CO.

COPYRIGHT, 1912,

BY

THE BANKS LAW PUBLISHING CO.

COPYRIGHT, 1913,

BY

THE BANKS LAW PUBLISHING CO.

COPYRIGHT, 1914,

BY

THE BANKS LAW PUBLISHING CO.

COPYRIGHT, 1915,

BY

THE BANKS LAW PUBLISHING CO.

COPYRIGHT, 1916,

BY

THE BANKS LAW PUBLISHING CO,

OCT 2 51939

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The “Consolidated Laws" of the State, prepared by the Board of Statutory Consolidation, were enacted by the Legislature as part of the statutes of the year 1909. This Board did not, however, make a revision of the Code of Civil Procedure. “It was deemed advisable at this time," says its report, "not to attempt a revision of the practice, but merely to remove substantive provisions, and to this extent to prepare the way for actual revision.”

The Board accordingly transferred nearly 600 sections of the Code to the “Consolidated Laws,” where, it was considered, they more properly belonged; and, on the other hand, transferred a few sections from the general statutes to the Code. Of the remaining sections of the Code, about seventy-five were amended by the Board, but these amendments were chiefly in the way of inserting cross-references, to connect these sections with those which had been transferred.

This Code, therefore, remained the same, in the main, as it was before the “Consolidated Laws" were enacted. But the omission of almost 600 sections without changing the numbering of those that were retained rendered the section-numbers no longer consecutive. Moreover, though many of the transferred sections might be more appropriately placed where they are now found, it was certainly very convenient to have them (since they related to procedure) in the Code itself, with the other provisions as to procedure. Before 1909, for example, the method of proceeding to punish contempt of court, and what constitutes such contempt, was contained in the Code, but since that time it has been found in the "Judiciary Law.” To have such provisions in a handy edition of the Code has certainly had some advantages over the condition that now prevails of having to seck them in the bulky volumes of the “Consolidated Laws."

Until the suggested revision of the Code is accomplished, which may not be for some years, the present Code must continue to be published, and the changes which have been made indicated therein. In the present edition every section that has been transferred to the “Consolidated Laws" has prefixed to it the words (Omitted; see Table, p. ill.) This is the Table printed immediately after this Prefatory Note (pp. iii to xx, inclusive), and a reference to it will show at a glance to which Law of the "Consolidated Laws" the particular section has been transferred. Sometimes the transferred sections are still, by reason of their importance and for convenience' sake, printed in full in this edition, but the heading shows that they no longer belong to the Code, but are a part of the other statutes.

The new Surrogates' Courts Act (L. 1914, c. 443) which went into effect September 1, 1914, is embodied in this edition (pages 682 to 802). It is, in the main, a rarrangement and condensation of the former sections of the Code upon the same subject, but it also confers important powers upon the Surrogates' Courts which they did not previously possess. Tables on pages xxa to xxf show what sections of the new Surrogates' Act cort spond with those of the old.

The Decedent Estate Law (contained in the Consolidated Laws) bears so close a relation to this Surrogates' Courts Act, that the one forms the complement of the other, and it is a daily experience that consultation of the one leads necessarily to an examination of the other. In the belief, therefore, that lawyers and law students will find it very convenient to have both these statutes in the same volume, I have included the Decedent Estate Law in this edition as Appendix II (pages 1022a to 1022u).

The new Municipal Court Code of New York City (L. 1915, c. 279) is also incorporated in this edition. It went into effect September 1, 1915.

G. C.

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