General Construction Law An Act to amend chapter twenty-seven of the laws of nineteen The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The General Construction Law is hereby amended by adding thereto the following sections: ARTICLE 2 a MEANING OF TERMS § 11a. The word action as used in the new practice, refers to "civil action." I Civil Action " includes every action except such as is prosecuted by the people of the state as a party against a person charged with a public offence for the punishment thereof. [every other action is a civil action The word action as used in the new [revision of the statutes practice, when applied to judicial proceedings, signifies an ordinary prosecution, in a court of justice, by a party against another party, for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. [Note 2152.] § 11b. [The word,] "Affidavit " unless otherwise provided, in- "Affidavit" cludes a verified pleading in an action or a verified petition or answer in a special proceeding. [Note 2153.] § 13a. [A warrant] "Annulled" with reference to an order of "Annulled" attachment against property [is said to be "annulled ", when] means a case where the action, in which [it] the order was granted, abates or is discontinued; or a final judgment, rendered therein in favor of the plaintiff, is fully paid; or a final judgment is rendered therein in favor of the defendant. [Note 2154.] § 13b. [The expression,] "Body or officer" as used in [this "Body or article, proceedings taken to review the determination of inferior officer" tribunals, bodies or officers includes every court, tribunal, board, corporation, or other person, or aggregation of persons, whose determination may be reviewed by a writ of certiorari; and] by an action. [Note 2155.] §§ 17a-26a Clerk' Criminal action" "Decision " "Determina tion "Distinct parcel "Domestic § 17a. [The word,] "Clerk" signifies the clerk of the court, wherein the action is brought, or wherein, or by whose authority the act is to be done, which is referred to in the provision in which it is used. If the action is brought, or the act is to be done, in or by the authority of the supreme court, it signifies the clerk of the county wherein the action is triable, or the act is to be done. [Note 2156.] § 18a. A criminal action is prosecuted by the people of the state, as a party, against a person charged with a public offense, for the punishment thereof. [Note 2157.] § 20a. [The word] "Decision" when used in [the same] connection, with a trial or other inquiry or a judgment, means the decision of the court upon a hearing, or the trial of an issue, before the court, without a jury. [Note 2158.] § 20b. [The word,] "Determination" as used in [this article,] proceedings taken to review the acts of inferior tribunals, bodies or officers, includes every judgment, order, decision, adjudication, or other act of such a body or officer, which is subject to be so reviewed. [Note 2159.] § 20c. [16. A] "Distinct parcel" of real property is a part of the property which is or may be set off by boundary lines, as distinguished from an undivided share or interest therein. [Note 2160.] 20d. [18. AI" Domestic corporation" is a corporation created corporation" by or under the laws of the state; or located in the state, and created by or under the laws of the United States, or by or pursuant to the laws, in force in the colony of New York, before the 19th day of April, in the year 1775. Every other corporation is a "foreign corporation." [Note 2161.] § 20e. [The words, "an action of ejectment", to] "Ejectment" means an action to recover the immediate possession of real property. [Note 2162.] § 22a. A general verdict is one by which the jury pronounces, generally, upon all or any of the issues, in favor either of the plaintiff or of the defendant. A special verdict is one, by which the jury finds the facts only, leaving the court to determine, which party is entitled to judgment thereupon. [Note 2163.] § 25a. [10. An] "Injury to property" is an actionable act, whereby the estate of another is lessened, other than a personal injury, or the breach of a contract. [Note 2164.] § 26a. [The word] "Judgment" refers to a judgment in [such an a civil action; it is EA judgment is either interlocutory or] the final determination of the rights of the parties in the action. [Note MEANING OF TERMS § 26b. [13. The term,] "Judgment creditor" signifies the person who is entitled to collect, or otherwise enforce, in his own right, a judgment for a sum of money, or directing the payment of a sum of money. [Note 2166.] 273 §§ 26b-37a "Judgment creditor " creditor's action " § 26c. [14. A] "Judgment creditor's action" is an action "Judgment brought [as prescribed in article first of title fourth of chapter sixteenth of this act or any other action, brought] by a judgment creditor to aid the collection of a judgment for a sum of money, or directing the payment of a sum of money. [Note 2167.] § 28a. [2. The word,] "Mandate" includes a writ, process, or other written direction, issued pursuant to law, out of a court, or made pursuant to law, by a court, or a judge, or a person acting as a judicial officer, and commanding a court, board, or other body, or an officer, or other person, named or otherwise designated therein, to do, or to refrain from doing, an act therein specified. [Note 2168.] "Mandate" "Motion' "Next of § 31a. A "motion" is an application for an order. [Note 2169.] § 32a. [The term] "Next of kin," as used in [this title,] provisions regulating actions relating to the estate of a decedent and actions kin" causing death by negligence includes all those entitled, under the provisions of law relating to the distribution of personal property, to share in the unbequeathed assets of a decedent, after payment of debts and expenses, other than a surviving husband or wife, except that, in actions for causing death by negligence, if decedent leaves surviving a father and mother but no widow, child or descendant, it shall mean both the father and the mother. [Note 2170.] 66 § 32b. [The word] "Notify," as used, with respect to procuring the attendance of a juror, is equivalent to the word, summons, as used in the like connection, in the same constitution and laws. [Note 2171.] § 36a. An "order" [to an order made in such an action or "Order" special proceeding;] is a direction of a court or a judge [made, as prescribed in this act,] in an action or special proceeding, [must be in writing, unless otherwise specified in the particular case. Such a direction, unless it is] not contained in a judgment, is an order]. {Note 2172.] § 36b. The term owner" in an action to acquire private prop- "Owner erty for public use, includes all persons having any estate, interest or easement in the property to be taken or any lien, charge or incumbrance thereon. [Note 2173.] § 37a. [9. A]" Personal injury" includes libel, slander, crimina "Personal conversation, seduction, and malicious prosecution; also an assault, injury" battery, false imprisonment, or other actionable injury to the person either of the plaintiff, or of another. [Note 2174.] § 37b. The party prosecuting a civil action is sty'ed the plaintiff; the adverse party is styled the defendant. [Note 2175.] § 41a. The term "real property," in an action to acquire private property for public use, includes any right, interest or easement therein or appurtenances thereto. [; and the term owner," all persons having any estate, interest, or easement in the property to be taken, or any lien, charge, or incumbrance thereon. The person instituting the proceedings shall be termed the plaintiff; and the person against whom the proceeding is brought, the defendant.] [Note 2176.] § 42a. [5. The word,]"Report" when used in connection with a trial, or other inquiry, or a judgment, means a referee's report. [Note 2177.] § 46a. Every [other] prosecution by a party [for either of the purposes specified in the last section] against another party in a court of justice which is not an action, is a special proceeding. Unless otherwise expressed, the term special proceeding as used in the new practice refers to a civil special proceeding. [Note 2178.] § 53a. Trial juror," and "trial jury," are respectively equivalent to the terms, "petit juror," and "petit jury," as used in the constitution and laws of the state. [Note 2179.] § 2. The following sections of said act are hereby amended so as to read as follows: § 26. The term judge includes every judicial officer authorized, alone or with others, to hold or preside over a court of record. [3. The word,] "Judge" includes a justice, surrogate, recorder, justice of the peace, or other judicial officer, authorized or required to act, or prohibited from acting, in or with respect to the matter or thing, referred to in the provision wherein that word is used. [Note 2180.] ARTICLE 5 EFFECT OF REPEAL § 91. The repeal of a statute by the Consolidated Laws or by a statute enacted as a part of the new practice includes a statute amendatory of the statute repealed. [Note 2181.] § 96. When two numbers in a schedule of repeals of the Consolidated Laws or of the statutes enacted as a part of the new practice are connected by a hyphen both such numbers are included as well as all intermediate numbers. [Note 2182.] EFFECT OF CONSOLIDATED LAWS ARTICLE 6 EFFECT OF CONSOLIDATED LAWS 275 $$ 38-100 § 100. No provision of any chapter of the consolidation of the Effect of general laws, of which this chapter is a part, or of any statute enacted consolidation as a part of the new practice shall supersede or repeal by implication upon laws passed at any law passed at the same session of the legislature at which any same session such chapter or statute was enacted, or passed after the enactment or before of any such chapter or statute and before it shall have taken effect; consolidation and an amendatory law passed at such session or at any subsequent session begun before any such chapter or statute takes effect, shall not be deemed repealed, unless specifically designated, in the repealing schedule of such chapter or statute. [Note 2183.] takes effect § 101. The Consolidated Laws and statutes enacted as a part of the Effect of new practice shall not be construed to amend, repeal or otherwise consolidation affect any provision of the Penal Law, [Code of Civil Procedure] and criminal on penal law or Code of Criminal Procedure unless expressly so stated. [Note code 2184.] § 3. The following sections of said act are hereby amended by adding thereto the following paragraphs. § 37. [The term] "Person," when used [herein,] in an action "Person" to acquire private property for a public use, includes a natural person and also a corporation, joint-stock association, the state and a political division thereof, and any commission, board, board of managers or trustees in charge or having control of any of the charitable or other institutions of the state. [Note 2185.] § 38. [The word,] "Property" as used in [this section,] con- "Property" nection with the provision relating to the appointment of a receiver of property, includes the rents, profits, or other income, and the increase, of real or personal property. [Note 2186.] § 5. This act shall take effect September first, nineteen hundred Effect and sixteen. |