OF THE STATE OF NEW YORK, BEING CHAPTER 448 OF THE LAWS OF 1876, AS AMENDED BY CONTAINING ALSO APTER 449 OF THE LAWS OF 1876, DEFINING AND REGULATING THE FIRST OF SEPTEMBER, 1877, AND CHAPTER 417 OF 1877, REPEAL- THIRD EDITION. BANKS & BROTHERS, 144 NASSAU STREET, NEW YORK, 1879. 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. Entered according to Act of Congress in the year eighteen hundred and seventy-eight, BY BANKS & BROTHERS, in the Office of the Librarian of Congress, at Washington. Entered according to Act of Congress in the year eighteen hundred and seventy-nine, BY BANKS & BROTHERS, in the Office of the Librarian of Congress, at Washington. I, Edgar K. Apgar, Deputy and acting Secretary of State, do hereby certify that the following book contains a correct transcript of the Code of Civil Procedure, passed June 2, 1876, as amended and completed by the acts of the Legislature passed since its enactment. In witness whereof, I have hereto set my signature, at the city of Albany, this twenty-eighth day of August, in the year one thousand eight hundred and seventy-seven. [L. S.] EDGAR K. APGAR, I have compared sections 361 and 870 of the Code of Civil Procedure as amended by Chapters 63 and 299 of the Laws of 1878, and do hereby certify, that the same are correct transcripts therefrom and of the whole of said original sections. I further certify, that sections 830 of the Code of Civil Procedure was repealed by Chapter 166 of the Laws of 1878. Given under my hand and the seal of office of the Secretary of State, [L. 8.] Secretary of State. STATE OF NEW YORK, OFFICE OF THE SECRETARY OF STATE. I have compared the sections, sub-divisions, and additions of and to the Code of Civil Procedure as amended by Chapters 163, 210, 414, and 542 of the Laws of 1879, and do hereby certify that the same are correct transcripts therefrom, and of the whole of said original sections, sub-divisions, and additions. Given under my hand and the seal of office of the Secretary of State, at the city of Albany, this ninth day of July, in the year one thousand eight hundred and seventy-nine. [L. S.] ALLEN C. BEACH, 688516 Secretary of State. PREFACE TO FIRST EDITION. 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. ALBANY, N. Y., June 6, 1877. THE EDITOR. |