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such a judgment" is substantive in character and has been placed in the Domestic Relations Law (§ 51).

58. § 1773. The change in reference in this section was made necessary by reason of the removal of title 3, chapter 17 of the Code of Civil Procedure to the Judiciary Law (Art. 19). Article 3 of chapter 17 of the Code of Civil Procedure relates to proceedings to punish a contempt of court other than a criminal contempt, and has been removed from the Code of Civil Procedure and placed in the Judiciary Law, because substantive in character and something apart from the conduct of a cause through the courts.

59. § 1809. This section relates to corporations and joint-stock associations. The whole section is practice, but as the actions and proceedings relating to corporations have been consolidated in the General Corporation Law it has been deemed best to incorporate in the General Corporation Law the provisions of this section relating to corporations. The section, therefore, so far as it applies to a corporation will be found in that law (§ 305) under an article relating to "Provisions applicable to two or more of the foregoing proceedings or actions.' The remainder of the section has not been distributed to the Joint-Stock Association Law because no attempt has been made to consolidate any. practice relating to actions or proceedings affecting joint-stock associations in that law.

60. § 1812. The treatment given § 1809 of the Code of Civil Procedure has been given §§ 1810, 1811, 1812 and 1813, and for the same reason stated in the note to § 1809. The changes in this section noted in the text are made necessary by reason of the removal to the General Corporation Law of the provisions of the section relating to corporations.

61. § 1813. The removal of the words "corporations or " has been made necessary by reason of the consolidation of the provisions of this section relating to corporations in the General Corporation Law (§ 309).

62. § 1844. The last section" referred to in § 1844 of the Code of Civil Procedure has been consolidated in § 101 of the Decedent Estate Law. Hence the change in reference. The "last section' referred to is a substantive provision relating to the liability of heirs and devisees, and as such has been assigned appropriately to the Decedent Estate Law, where similar substantive provisions are found.

63. § 1816. Changes in this section were made necessary by the removal of certain provisions to the Decedent Estate Law. Section 101 referred to in this section relates to the liability of heirs and devisees for the debts of a decedent.

64. § 1855. The changes in this section are changes of reference, made necessary by the removal of $ 1843 from the Code of Civil Procedure to the Decedent Estate Law (8 101). The provision of the Code of Civil Procedure thus removed relates to the liability of heirs and devisees for the debts of a decedent.

65. 1948. Section 1797 and the remaining sections in the article of which it forms a part relate to an action by the people to annul a corporation, all of which provisions have been consolidated in the General Corporation Law. Section 1798 of the Code of Civil Procedure has become § 131 of the General Corporation Law. Hence the change in reference.

66. 1966. This section of the Code of Civil Procedure, so far as it relates to the duty of the district attorney to bring an action

to recover the penalty of a forfeited recognizance, has been con
solidated in the County Law (§ 201).
Code of Civil Procedure noted in the text was made necessary
The amendment of the
by this consolidation.

67. § 2032, subd. 3. Section 8 of the Code of Civil Procedure provides for a case in which a court of record has power to punish for a criminal contempt and has been removed to the Judiciary Law (§ 750). The change in the text accordingly has been made.

68. §§ 2412-2415. Title 10 of chapter 17 of the Code of Civil Procedure relates to proceedings to change the name of an individual or corporation. The part of this title that relates to the change of name of a corporation has been consolidated in the General Corporation Law. amend the sections in this title so as to leave intact in the Code It became necessary, therefore, to of Civil Procedure the proceedings relating to the change of the name of an individual. Hence the amendment to these sections.

69. § 2507. The new matter inserted in this section is taken from Code of Civil Procedure, § 27. The remainder of § 27 has been placed in Judiciary Law, §§ 28, 158, 194. inserted in § 2507 would be out of place in the first chapter of The matter the Code but falls appropriately in $ 2507.

70. § 2512. The first sentence of this section is Code of Civil Procedure, § 2512. The remainder is from Code of Civil Procedure, $$ 95-97. Portions of $$ 95-97 are incorporated in Judiciary Law as follows: Section 95, in §§ 168, 200; section 96, in §§ 231, 349, 351, 354; section 97, in §§ 160, 170, 201, 232-234, 279, 403, 405. It was deemed best to remove the portion of $$ 95-97 of the Code of Civil Procedure which is not included in the Judiciary Law from the first chapter of the Code to chapter 18 with similar matter.

72. § 2537. The changes in this section are merely changes of reference. Section 774 of the Code of Civil Procedure relates to the supervision of court funds by the comptroller of the state and is substantive in character.

73. § 2634. The first sentence of this section relating to the indexing of wills by county clerks and registrars has been consolidated in the Decedent Estate Law as substantive matter. The last sentence has been retained because it provides for the fees of an executor or administrator with the will annexed, who causes the record mentioned to be made. this section are to correct references. The changes made in 74. § 2660. Part of this section has been placed in the Decedent Estate Law (§ 103). The removed portion is substantive matter relating to the liability of a husband for the debts of his deceased wife, his liability as administrator for the debts of his wife and the disposition of unadministered assets of his wife at the time of his death.

75. & 2695. It was necessary to amend this section because the section in the article of the Code referred to prescribing the manner of authenticating papers was consolidated in the Decedent Estate Law (8 45).

76. § 2696. A change in the reference was made necessary because § 2704, prescribing the manner of authenticating papers of another state or country to be used in this state was consolidated in § 45 of the Decedent Estate Law.

77. § 2733. The first part of this section, relating to advancements, 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: §§ 1843 and 1868, have been placed in the Decedent Estate Law. Section 1558 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 Civil 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 §§ 1843 and 1868 of the Code of Civil Procedure. 81. § 2889. Sections 63 and 64 of the Code of Civil Procedure, 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. § 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. § 3158. Sections 104 and 105 of the Code of Civil Pro cedure have been incorporated as $$ 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 obvious error in the present Code. Chapter 16 of the Code of to fifteenth to correct an Civil Procedure contains but two titles. chapter 15 is entitled Article 1 of title 4 of definition contained in § 3343, subd. 14, is of a "judgment Judgment Creditor's Action' creditor's action."

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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. § 3347, 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.

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91. § 3347, subd. 7. tained in the second sentence has been changed to "article third The reference to "title third" conof title third because article third is the only portion of title third remaining in the Code. the Judiciary Law. The remainder of title third is in 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 and eighteen of the judiciary law" articles seventeen title fourth are now consolidated in those articles of the Judibecause the provisions of ciary Law.

92. § 3347. subd. 11. The references to §§ 2181-2187, 21972199, 2213-2218 have been removed because these sections are now in Debtor and Creditor Law. 2230 has been removed because these sections are now in Prison The reference to §§ 2928Law. The references are no longer necessary.

976

GENERAL CONSTRUCTION LAW.

(Laws of 1909, ch. 27. Takes the place of former Statutory Construction Law.)

Article 1. Short title (§ 1).

2. Meaning of terms (§ 10-58).

3. Ancient statutes and resolutions (§§ 70-72).

4. References, titles and head notes (§§ 80, 81).

5. Effect of repeals ($$ 90-96).

6. Effect of consolidated laws ($§ 100, 101).

7. Application of chapter (§ 110).

8. Laws repealed; when to take effect (§§ 120, 121).

Section 1. Short title.

ARTICLE 1.

Short Title.

1. Short title. This chapter shall be known as the "General Construction Law."

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30. Month, computation.

31. Mouth in statute, contract and public or private instrument.

32. Municipal officers.

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