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EXPLANATORY NOTE.

It will be observed that some of the sections are twice numbered—as thus, 138 [116]—while other sections are only once numbered; also that some sections are preceded with the words and figures, (Am’d 1849), or (Am'd 1849, 1851), &c., while others have no such prefix; and, further, that some sections have the words “ Existing suits” prefixed, and others have not.

The reason for these prefixes, or the omisston of them, is to give the reader, at-a glặnce the history of each section, as thus :

When a section is only once numbered, as § 227, it indicates that it is one of the sections added to 18+

When a section is twice numbered, as $ 348 [297], it indicates that the section is one of those which existed in the Code of 1848, and that in that Code it was numbered as within the brackets [ ].

When the words and figures (Am'd 1849), or as the case may be, are prefixed, they signify that the section was amended in the year or years which the figures indicate.

When the words Existing suits” are prefixed to a section, they indicate that the section is one of those which the provisions of the supplementary act apply to suits pending on July 1, 1848.

INTRODUCTION.

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The copy of the Code of Procedure here presented, except the amendments of 1862, has been carefully compared with the Code reprinted by way of appendix to the Session Laws of 1851, and with the subsequent printed volumes of Session Laws. The amendments of 1862 are taken from a copy of the act making those amendments, certified by the Secretary of State. The profession may confidently rely on the following sheets containing a correct copy of the Cole as it is."

The following brief review of the inodifications which the Code has underýcze, will probably be not altogether wanting in interest or utility

The Statute known as the Cods of Procedure was passed April 12, 1848 (Lăws 1848, ch. 379), and, except ss. 22, 23, 24 and 25, went into operation July 1st, 1848. It contained 391 sections, and continued in operation in the form as passed until May 1, 1849. It has been and is known as The Code of 1848.”. It applied, with some few exceptions, only to actions commenced after 1st July, 1848; but by an act passed 12th April, 1848 (Laws of 1848, ch. 380), which, except section 2, took immediate effect, certain sections of the Code of Procedure were made applicable to actions at law and suits in equity then pending, and provision was made for the determination of suits then existing, and for holding courts in the

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First Judicial District. This act was known as the Supplement to the Code, and as the “ Supplementary Act.”

Actions and suits which were pending on the 1st of July, 1848, have since been and still are known and designated as “existing suits."

An act was passed 11th April, 1849 (Laws of 1849, ch. 438), amending the Code of Procedure. This act took effect May 1, 1849 (4 How., 41). It amended a majority of the sections in the Code of 1848, added eighty-two new sections, and contained in all four hundred and seventythree sections; and it re-enacted the provisions in Laws of 1849, ch. 124 and ch. 337, relating to the Superior Court of the City of New York. For a time this last act was known and designated as the “ Amended Code," afterwards as “ The Code of 1849,” now as The Code;" and in referring to anyosection of the Gede.by number, it is the section in the cöde, as amended and re-numbered in 1849 that is intended...

In the same year, 1849. The act:krown as the.“ Supplementary Actwas amended (Laws:1849, ch. 439), and it made wholly or partially: applicable. to “existing suitsthe following sections of the Code of Procedure, viz. : sections 72, 121, 169 to 176, both inclusive, 315, 388, 292 to 302, both inclusive, 323 to 331, both inclusive, 333 to 347, both inclusive, 351 to 371, both inclusive, 390 to 399, both inclusive, 402 to 415, both inclusive, 417 and 418.

The Supplementary Act, in the part relating to courts in the First Judicial District, was again amended by Laws of 1852, ch. 374.

In 1851 (Laws of 1851, ch. 2), section 49 of the Code was repealed, and section 47 amended; and in the same year (Laws of 1851, ch. 479) amendments were made to the following sections of the Code, viz.: 11, 13, 14, 16, 24, 30, 31, 53 (subd. 3, 9), 56, 57, 60, 61, 62, 64 (subd. 11), 68, 74, 99, 100, 101, 111, 113, 114, 116, 122, 126, 130, 131, 132, 134, 135, 136, 138, 139, 142 (subd. 2), 149, 152, 153, 156, 157, 158, 162, 172, 173, 174, 179 (subd. 3), 188, 193, 231, 244, 246 (subd. 2, 3), 252, 255, 258, 259, 263, 264, 265, 268, 269, 272, 273, 278, 281 (subd. 2), 282, 284, 287, 291, 292, 297, 298, 302, 306, 307 (subd. 6), 317, 339, 348, 349, 353, 354, 366, 371, 384, 385, 397, 399, 459, 460, 470. This last act, passed 10th July, 1851, took effect, except section 13, on 30th July, 1851, and its application to actions theretofore commenced and then pending was prescribed by section 459. This act also directed the Secretary of State, in publishing the laws of that session, to publish the Code of Procedure entire, as amended by that act, as an appendix to the volume of the Session Laws. In compliance with this direction, the Code of Procedure was printed entire as an appendix to the Session Laws of the year 1851, the sections amended in that year being in said appendix printed in italics.

In the same year, Title V. of Part I. of the Code (ss. 33 to 51) was amended (Laws 1851, ch. 2); and in the same year (Laws of 1851, ch. 21) the 30th section of the Code was in effect amended by conferring on county courts jurisdiction in relation to jail liberties.

In April, 1852 (Laws of 1852, ch. 392), amendments were made in the following sections of the Code, viz. : 11, 13, 30, 33, 64, 101, 116, 140, 149, 150, 153, 167, 168, 173, 244, 252, 253, 255, 264, 265, 269, 272, 274, 278, 231, 237, 307, 317, 318, 349, 353, 354, 359, 360, 367, 397, 401, 460, 470, and 471. These amendments took effect 6th May, 1852. In the same year (Laws of 1852, ch. 44), section 30 of the Code was again amended.

By an act passed 13th July, 1853 (Laws of 1853, ch. 529), and which took immediate effect, section 28 of the Code was made applicable to the Court of Common Pleas for the City and County of New York, and the Superior Court and Marine Court of said city, and these courts were to appoint officers necessary to attend said courts, whose salaries were to be paid by the Supervisors.

In the same year (Laws 1853, ch. 511), section 135 was in effect amended by a provision as to service of process on concealed defendants.

In 1854, section 157 of the Code was in effect amended by an enactment (Laws of 1854, ch. 75) that the verification of any pleading in any court of record may be omitted in all cases where the party called upon to verify would be privileged from testifying as a witness to the truth of any matter denied by such pleading. In the same year (Laws of 1854, ch. 135), provision was made for hearing appeals in the Court of Appeals, from orders granting new trials in certain cases, in appeals perfected prior to the amendments of 1852 taking effect; and in the same year (Laws of 1854, ch. 270), provision was made for appeals in special proceedings, and sections 327, 329, 330 and 332 of the Code were made applicable to such appeals. Also by Laws of 1854, ch. 96, s. 26, all the provisions of the Code, except Title IV. of Part II. (ss. 123, 124, 125, 126), applicable to the Supreme Court, and not in conflict with said act of 1854, were made applicable to the Superior Court of the City of Buffalo.

In 1855 (Laws of 1855, ch. 44), section 153 of the Code was amended, and in the same year (Laws of 1855, ch. 202), all the provisions of the Code were made applicable to recognizances forfeited in any Court of General

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