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CORRESPONDING SECTIONS.

TABLE

SHOWING IN WHAT PORTIONS OF THE CODE OF CIVIL PROCEDure the REPEALED SECTIONS OF THE CODE OF PROCEDURE ARE REPRESENTED.

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13 First three sentences, relating to terms, abrogated (See L. 1870, ch. 203, § 1)..

196

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16 Adjournment of court of appeals to other places than those designated by

law...

197

17 Obsolete. See L. 1870, ch. 408, and amendatory acts.

18 Obsolete. See L. 1872, ch. 778, § 1; and L. 1875, ch. 167, § 1. 19 Obsolete. See L. 1870, ch. 408, § 6.

20 Partly abrogated by L. 1870, ch. 408, § 7, and amendatory acts 21 Obsolete. See the same statutes.

232

22 First sentence, relating to terms in 1848, temporary.

Second sentence, relating to appointment of terms, obsolete. 23 Extraordinary general and special terms, and oyer and terminer. 24 First sentence, relating to places of holding terms

234

.....

238

Second sentence, relating to rooms for superior court, etc..

31

Third sentence, relating to adjournment of terms

34

Last sentence, relating to adjournment of special term, to chambers

239

25 Appointments of terms to be published....

233

26 Judges not assigned may hold courts

285

27 First sentence, relating to supreme court justices' duties, out of court Last sentence, relating to transfer of proceedings, in first district.

235

26

28 Rooms, etc., for courts, how furnished

29 Partly temporary and partly obsolete. See L. 1870, ch. 467, § 1.

31

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Sec. of New Code.

30 Subd. 1, and subd. 3-9, relating to jurisdiction of county court
Subd. 12, first sentence, relating to remission of fines..
Id., second sentence, excepting certain counties, obsolete.
Subd. 13, first clause, relating to new trials in county court
Id., remainder, relating to county judge's disability
31 First two and last sentences, relating to time, etc., for holding county court.

....

Third sentence, relating to publication of notice of appointment..

32 Jurors for county courts, how drawn and summoned

*33 So much as relates to mayors' and recorders' courts, omitted.

So much as relates to N. Y. common pleas and superior courts.. 263, 269, *34 Appeals from marine and district courts to N. Y. common pleas, omitted. 35 Appointments of terms of superior city courts, New-York...... 36 Id.; by whom held

37 Omitted, as inconsistent with subsequent legislation.

340

350

348, 1340

342

355

356

357

275

280

281, 282

38 Hearing at general terms of superior city courts in New-York... 39 Criers in superior city courts in New-York city..

281

291

40 Those courts, of whom to consist

287

41-43 Relating to election, etc., of N. Y. superior court JJ., obsolete, since 1855. 44 Relating to same subject. Replaced by subsequent laws, not revised.

45 Relating to judges' powers (provision as to salary not revised. See).. 267, 268 46 Terms of New-York superior court, by whom held

280-282

47, 48, 50 Omitted as temporary. Sec. 49 repealed, L. 1851, ch. 2.

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77 Actions by the people or their grantees, within twenty years....
78 Seizin within twenty years, when necessary in real actions
79 Id.; in action founded on title to or rents of real property
So When entry upon real property deemed sufficient or valid

364

365

366

367

81 Possession when presumed; when occupation deemed to be under legal title.

82 Occupation under written instrument or judgment, when deemed adverse..
83 Possession under written instrument or judgment, defined......
84 Occupation under claim of title, not written, when deemed adverse

85 Possession under claim of title not written, defined .....

86 Relation of landlord and tenant, as affecting adverse possession.

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88 Effect of certain disabilities upon limitation of real actions

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91 Enumerating the actions that may be brought within six years

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99 First sentence, relating to commencement of action, for purpose of limitation..

398

Last sentence, relating to attempt to commence action, for like purpose.. 100 Effect, upon statute of limitations, of defendant's absence from State. 101 Id., of certain disabilities.....

399

401

396

102 First sentence, relating to death of claimant before limitation expires...
Last sentence, relating to death of person liable, in like case......
103 In actions by aliens, time of war to be deducted....
104 Limitation of action, where judgment has been reversed.

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105 Time of stay by injunction or statutory prohibition to be deducted 106 Disability, when available.....

406

408

107 Effect of two or more disabilities..

108 Limitation of actions on bills or notes of moneyed corporations.

409

393

109 Id., against directors, etc., of moneyed corporations, etc...

394

110 Acknowledgment or new promise must be in writing ...

395

113 Executor or trustee may sue without joining party in interest.

449

114 When husband, etc., to be joined in actions by or against married woman..

450

115 Infant to appear by guardian

472

116 Subd. 1, relating to guardian for infant plaintiff..

470

Subd. 2, first half, relating to guardian for infant defendant.

471

Id., latter half, relating to infant defendants in partition, etc...

473

Last sentence, relating to infant defendants in other states, obsolete.

117 Who may be joined as plaintiffs...

446

119 Parties in interest to be joined; one or more suing or defending for all
120 Joinder of parties severally liable on the same instrument..
121 First sentence, providing against abatement of action by death, etc...

Second sentence, relating to continuance of action in such cases....
Third sentence, relating to continuance of action, on transfer of interest...
Fourth sentence, relating to death after verdict in action for tort......
Fifth sentence, relating to order for abatement for not continuing action.
Sixth sentence, relating to enforcement of judgment, by devisee, etc..
Seventh sentence, relating to death of non-resident intestate appellant....
122 First two sentences, relating to bringing in parties to action.

Last sentence, relating to interpleader ....

448

454

755

757

756

764

761

1376

1298

452

820

123 Certain actions to be tried where subject situated
124 Certain actions to be tried where the cause of action arose
125 Other actions to be tried where party resides ...

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126 First sentence, relating to trial in county named by plaintiff.......

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Second sentence, specifying cases in which place of trial to be changed
Last sentence, regulating proceedings on change of place of trial..

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130 Summons, where complaint not served. Demand, etc.
131 Defendant unreasonably defending, to pay costs
133 Summons, by whom served.....

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134 Subd. 1, relating to service of summons on corporation.... Subd. 2-4, do., in other cases...

431, 432

426

135 First four sentences, regulating publication of summons.

435-440

Co. Proc.,

Sec.

135 Fifth sentence, allowing defence after judgment upon publication......

Sixth sentence, requiring filing of complaint, etc., in case of publication....
Last sentence, relating to publication in foreclosure....

136 Subd. 2 and 3, relating to conduct, etc., of action, where defendants sever-
ally liable....

137 Service by publication, when deemed complete.

138 Service of summons, how proved................

Sec. of New Code

445

442

451

456

441

434, 444

139 First sentence, giving jurisdiction on service of summons, etc. Second sentence, specifying effect of appearance.

416

424

140 Form of pleading abolished...

518

141 Complaint to be first pleading

142 All except last sentence, regulating contents of complaint.... Last sentence (stricken out in 1877); originally contained in

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145 Grounds of demurrer to be specified....

146 First clause, relating to proceedings where complaint is amended

Final clause, relating to application for judgment

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150 Introductory clause, and subd. 1 and 2, describing counterclaims....

501

Last two sentences, allowing joinder of defences, etc....

507

151 Demurrer as to some causes of action; answer as to others...
152 Sham, etc., answers and defences to be stricken out.
153 First sentence, permitting reply or demurrer to answer.
Last sentence, allowing court to require reply....

492

538

494, 514

516

154 When defendant may move for judgment upon an answer 155 Demurrer to reply...

156 First clause, requiring pleading to be subscribed... Final clause, relating to verifying pleadings.....

157 First four sentences, regulating mode of verification..

Last two sentences, relating to omission and effect of verification..

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160 First sentence, relating to irrelevant and redundant matter Last sentence, relating to indefinite, etc., allegations.....

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Second sentence, relating to pleading instrument for payment of money...

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167 All except last sentence, permitting joinder of causes of action.

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172 First sentence, permitting pleading to be amended of course
Second sentence, requiring copy of amended pleading to be served

542

543

Last two sentences, relating to proceedings after decision of demurrer.....

497

Co. Proc.,

Sec. of

Sec.

New Code.

173 Amendments by the court......

174 First clause, permitting court to enlarge time...

Final clause, allowing relief in cases of surprise

175 Suing by fictitious name

176 First clause, requiring immaterial error to be disregarded

Final clause, protecting judgments from reversal

177 Supplemental complaint, answer and reply...

178 First clause, prohibiting arrest otherwise than pursuant to statute

Final clause, relating to former act, omitted.

179 Subd. 1-5, specifying grounds of arrest.

Last sentence, restricting arrest of woman.

180 Order of arrest, by whom made.

......

181 First sentence, requiring affidavit to procure arrest. Last sentence, regulating effect of chapter, obsolete.

182 First sentence, requiring security to procure arrest.. Last sentence, regulating form of undertaking

183 First sentence, relating to time of issuing order of arrest. Second sentence, specifying tenor of order of arrest

723

783

724

451

723

721

544

548

549, 550 553

551, 556

557

559

812

551, 558

561

Last sentence, first clause, prohibiting arrest after judgment

551,

558

Id., last clause, regulating time to vacate order, and to answer ...... 184 Affidavit and order of arrest to be delivered to sheriff, and copy to defendant.

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185 First clause, prescribing mode of executing order of arrest.

563

Final clause, allowing sheriff to call in aid from the country.

104

186 Defendant to be discharged on bail or deposit..

573

187 Bail, how given...

575

188 Introductory clause and last sentence, permitting surrender by bail. Subd. 1 and 2, prescribing mode of such surrender...

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192 Delivery of undertaking to plaintiff; acceptance or rejection. 193 Notice of justification; new undertaking if other bail given

593

596

601

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198 Payment of deposit into court

199 Substitution of bail for deposit

200 Money deposited, how disposed of
201 When sheriff liable as bail; discharge

202 Proceedings on judgment against sheriff.

203 Bail liable to sheriff ....

204 Motion to vacate order of arrest, etc...... 205

Affidavits on such motion .....

218 First sentence, relating to writ of injunction ..

Second sentence, relating to granting, etc., injunction order.

219 Injunction, when granted

220 First sentence, relating to time of issuing injunction, etc....

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Second sentence, requiring service of copy of affidavit with injunction.....

610

221 When notice required; temporary injunction.....

609

222 First sentence, relating to security upon injunction

620

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