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77. $ 2733. The first part of this section, relating to advance. ments, has been consolidated in the Decedent Estate Law as § 99. The latter part being practice has been retained in the Code of Civil Procedure.
78. $ 2746. Section 744 of the Code of Civil Procedure has been incorporated in the State Finance Law as subdivision 4 of $ 8, except the last clause, relating to the fees of county clerks, which is consolidated in County Law as $240, subd. 22, and thus the change in reference becomes necessary. Section 744 of the Code of Civil Procedure related to the supervision of court funds by the state comptroller. A portion at the end of this section has been taken care of in appropriate schedules of repeals.
79. § 2838, subd. 1. The provision in the article mentioned in this subdivision of the Code of Civil Procedure has been consolidated in the Decedent Estate Law. It relates to the authentication of papers from another state or foreign country for use in this state. The changes in reference, therefore, became necessary.
80. $ 2863. Subdivision 3 of this section contains a reference to certain sections of the Code of Civil Procedure. Two of these sections, to wit: $8 1843 and 1868, have been placed in the Decedent Estate Law. Section 1838 relates to the liability of legatees or devisees to a child born after the making of a will who is entitled to succeed to a part of the real or personal property of the testator, and their liability to the subscribing witness to a will who is entitled to succeed to a share of such property. This is substantive in character and for that reason has been placed in the Decedent Estate Law ($ 28) and taken from the Code of Civil Procedure. Section 1843 of the Code of ('ivil Procedure relates to the liability of heirs and devisees for the debts of the decedent and is substantive in character, and has been placed in the Decedent Estate Law as $ 101. The reference, therefore. in subdivision 3 of $ 2833 has been changed to correspond to this treatment of $8 1813 and 1868 of the Code of Civil Procedure.
81. § 2889. Sections 63 and 61 of the ('ode of Civil Proced. ure, relating to attorneys practicing in the city of New York, have been placed in the Penal Law and a corresponding change in reference has been made in this section,
82. 8 2990. Section 1037 of the Code of Civil Procedure relates to the making and filing of duplicate jury lists and has been placed with its appropriate provisions in the Judiciary Law under the head of jurors. This necessitated a change in the reference, which has been made.
83. $ 2991. Section 1033 of the Code of Civil Procedure, relating to excusing of jurors from service during the whole or a portion of a term, has been placed in the Judiciary Law and the necessary change in reference in this section, therefore, has been made.
84. $ 3075, subd. 2. The reference in this subdivision has been changed because Code of Civil Procedure, § 46, has been made § 15 of the Judiciary Law.
85. 8 3158. Sections 104 and 105 of the Code of Civil Pro cedure have been incorporated as $8 400 and 401 of the Judi. ciary Law. They relate to the authority of the sheriff to command the power of the county to overcome resistance and the certification of the names of those who resist his authority.
86. $ 3253. The change made in this section merely substitutes the title of the general law for the statute mentioned in the section.
87. $ 3320. The change in this section is one of reference merely.
88. § 3343, subd. 14. The reference in this subdivision has been changed from “ sixteenth " to " fifteenth' to correct an obvious error in the present Code. Chapter 16 of the Code of Civil Procedure contains but two titles. Article 1 of title 4 of chapter 15 is entitled “Judgment Creditor's Action " and the definition contained in 3343, subd. 14, is of a “judgment creditor's action."
89. $ 3347, subd. 1. Section 122 of the Code of Civil Procedure has been consolidated as $ 347 of the Prison Law and has been made to apply to civil and criminal prisoners in accordance with the language of this subdivision. It is, therefore, unnecessary to include it as a part of this subdivision.
90. 8 3317, subd. 5. Section 548 of the Code of Civil Procedure, referred to in this subdivision, has been consolidated in $ 23 of the Civil Rights Law. It relates to the exemption of a person from arrest in a civil action or special proceeding except as prescribed by statute.
91. $ 3347, subd. 7. The reference to “title third " contained in the second sentence has been changed to “ article third of title third " because article third is the only portion of title third remaining in the Code. The remainder of title third is in the Judiciary Law. The reference to “ title fourth " in the same sentence has been omitted because the whole title has been transferred to the Judiciary Law. The reference in the fifth sentence to " ' title third has been changed to “article third of title third of the Code and “ article sixteen of the judiciary law” because article third is the only portion of title third remaining in the Code and the remainder of the title is now in Judiciary Law, article thirteen. The reference to “title fourth" in the last sentence has been changed to "articles seventeen and eighteen of the judiciary law” because the provisions of title fourth are now consolidated in those articles of the Judiciary Law.
92. $ 3347, subd. 11. The references to $8 2181-2187, 21972199, 2213-2218 have been removed because these sections are now in Debtor and Creditor Law. The reference to 88 2228 *2230 has been removed because these sections are now in Prison Law. The references are no longer necessary.
GENERAL CONSTRUCTION LAW.
(Laws of 1909, ch. 27. Takes the place of former Statutory
Article 1. Short title ($ 1).
2. Meaning of terms (8$ 10-58).
Short Title. Section 1. Short title.
$1. Short title. This chapter shall be known as the “General Construction Law."
Meaning of Terms.
11. Acknowledgment or proof of instrument.
Sec. 42. Register of county.
43. Seal of court, public officer or corporation.
$ 10. Acknowledge and acknowledgment.
The terms acknowledge and acknowledgment, when used with reference to the execution of an instrument or writing other than a deed of real property, include a compliance with the provisions of the next section by either such proof or acknowledg. ment.
$ 11. Acknowledgment or proof of instrument.
When the execution of any instrument or writing is authorized or required by law to be acknowledged, or to be proven so as to entitle it to be filed or recorded in a public office, the acknowledgment may be taken or the proof made before any officer then and there authorized to take the acknowledgment or proof of the execution of a deed of real property to entitle it to be recorded in a county clerk's office, and shall be made and certified in the same manner as such acknowledgment or proof of such deed.
$ 12. Affidavit,
When an affidavit is authorized or required it may be sworn to before any officer authorized by law to take the acknowledgment of deeds in this state, unless a particular officer is specified before whom it is to be taken.
$ 13. Adjournment of meeting.
Any meeeting referred to in section forty-one of this chapter may be adjourned by a less number than a quorum.
$ 14. Bond and undertaking.
A provision of law authorizing or requiring a bond to be given shall be deemed to have been complied with by the execution of an undertaking to the same effect.
$ 15. Chattels.
§ 16. Choose.
$ 17. Civil code and criminal code. The term civil code means the code of civil procedure. The term criminal code means the code of criminal procedure.
$ 18. Consolidated laws.
The term Consolidated Laws shall mean the compilation of the statutes prepared by ihe board of statutory consolidation and the amendments thereof.
$ 19. Day, calendar,
A calendar day includes the time from midnight to midnight. Sunday or any day of the week specifically mentioned means a calendar day.
$ 20. [Am'd, 1910.) Day, computation.
A number of days specified as a period from a certain day within which or after or before which an act is authorized or required to be done means such number of calendar days exclusive of the calendar day from which the reckoning is made. Sunday or a public holiday, other than a half holiday, must be excluded from the reckoning if it is the last day of any such period, or if it is an intervening day of any such period of two days. In computing any specified period of time from a specified event the day upon which the event happens is deemed the day from which the reckoning is made. The day from which any specified period of time is reckoned shall be excluded in making the reckoning,
Amended by L. 1910, ch. 347, in effect May 21, 1910.
22. Folio. A folio is one hundred words, counting as a word each figure necessarily used.
$ 22. Gender,
Words of the masculine gender include the feminine and the neuter, and may refer to a corporation, or to a board or other body or assemblage of persons; and, when the sense so indicates, words of the neuter gender may refer to any gender.
$ 23. Heretofore and hereafter.
Each of the terms, heretofore, and hereafter, in any provision of a statute, relates to the time such provision takes effect.
$24. Holiday and half holiday.
The term holiday includes the following days in each year: The first day of January, known as New Year's day; the twelfth day of February, known as Lincoln's birthday; the twentysecond day of February, known as Washington's birthday; the thirtieth day of May, known as Memorial day; the fourth day of