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BEING CHAPTER 448 OF THE LAWS OF 1876, AS AMENDED BY

CHAPTERS 416 AND 422 OF THE LAWS OF 1877.

CONTAINING ALSO

CHAPTER 449 OF THE LAWS OF 1876, DEFINING AND REGULATING THE
FIRST MENTIONED ACT, AND CHAPTER 318 OF THE LAWS OF 1877,
SUSPENDING THE OPERATION OF PARTS OF THE CODE

UNTIL THE FIRST OF SEPTEMBER, 1877.

BANKS & BROTHERS,
144 NASSAU STREET, NEW YORK,

473 AND 475 BROADWAY, ALBANY.

1877.

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340315

RETUR, LEMOX AND
YLEEN FOUNDATIONS

Entered according to Act of Congress in the year eighteen hundred and seventy-seven,

BY BANKS & BROTHERS,
in the Office of the Librarian of Congress, at Washington.

*N. Y. City Cornptroller

16 Nov.04

PREFACE.

We present herewith to the public a code which will have the rare distinction of superseding one of such incontestable merit that it was adopted bodily by at least one state of the Union, and served as the best model for several others in revising their method of legal procedure. The so-called “ Code of Remedial Justice,” which was in force during the first three weeks of last May, was unworthy of the honor thrust upon it. It was crude and pedantic. It was an affliction upon the legal profession, which was almost unanimous in condemning it throughout the State.

Owing to the laborious efforts of a small number of men, composing one of the judiciary committees of the Legislature, this code has been brought to a condition tolerable to the community. By a rigorous system of remodeling-extending to the minutest details and including the restoration of many of the provisions of the old code, which, in clearness and conciseness, could not be excelleda bill was at length prepared, making amendments to nearly every section. None of these can be said to be unnecessary; and when this bill became a law it met with universal approval.

In this way the work of revising the code of 1876, which we have undertaken, was one almost as difficult as the labor, which the commissioners imposed upon themselves, of revising the old code. We have, however, been animated by the strong conviction that it will, undoubtedly, be more grateful to the profession; and we are satisfied that the perfect accuracy which we have endeavored to attain will sufficiently recommend this edition of the Code of Civil Procedure to public appreciation.

THE EDITOR. ALBANY, N. Y., June 6, 1877.

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TABLE OF CONTENTS.

CHAPTER FIRST.

Sections.

1-99

CHAPTER SECOND.

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