"AN DRED AND EIGHTY, ENTITLED PASSED MAY 31, 1880; three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. Chapter one hundred and seventy-eight of the laws of eighteen hundred and eighty, entitled "An act supplemental to the Code of Civil Procedure," shall not be printed or published for the use of the State, or of any State department or State officer, or otherwise in any manner, at the expense of the State, except in the volumes containing the laws of this session of the legislature, to be printed and published as prescribed by law; nor shall it be printed or published in any newspaper, at the expense of the State, or of any County, but the same and the sections amended by said et, and also any other acts which may be passed at this ssion, amending the same, shall be printed and pub hed in a separate volume of the session laws, which 11 contain no other laws. The said supplemental act 11 be separately indexed at the end of the said volume, he other act or acts in the said volume shall not be d. This act shall take effect immediately. PERMITTING THE VERIFICATION OF PLEADINGS IN THE JUSTICE'S COURT. PASSED MAY 28,.1881. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. In any action brought in any of the justices' courts of this State arising on contract for the recovery of money only, or on an account, the plaintiff or his agent, at or before the time of the issuing of the summons, may make a written complaint stating in a plain, concise manner the facts constituting the cause of action, specifying therein the amount actually due from the defendant to the plaintiff in said action, and praying judgment against the said defendant for the amount so claimed to be due to him, which said complaint shall be subscribed by the plaintiff or his agent, and shall be verified in the manner and as provided by section five hundred and twenty-six of the Code of Civil Procedure. Said summons and complaint shall be attached and shall be served upon the defendant by delivering to and leaving with him, personally, true copies thereof, not less than six nor more than twelve days before the return day thereof, and the official certificate of the constable making such service shall be sufficient evidence thereof. § 2. In case the defendant appears and answers in such action, his answer shall be in writing, and shall be verified as above provided for the verification of the complaint, and must contain: 1. A general or specific denial of each material alle gation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. 2. A statement of any new matter constituting a defense, offset or counter-claim. §3. In case the defendant fails to answer or demur to said complaint, as herein before provided, at the time of the return of said summons, he shall be deemed to have admitted the allegations of the complaint as true, and the court shall, upon filing the summons and complaint, with due proof of the service thereof, enter judgment for the said plaintiff and against the defendant, for the amount demanded, in such complaint, with costs, without further proof. § 4. This act shall take effect the first day of Sep. tember, eighteen hundred and eighty-one. LAWS OF 1889, CHAP. 472. AN ACT TO AMEND CHAPTER FOUR HUNDRED AND FOURTEEN OF THE LAWS OF ONE THOUSAND EIGHT HUNDRED AND EIGHTY-ONE, ENTITLED "AN ACT PERMITTING THE VERIFICATION OF PLEADINGS IN JUSTICES' COURTS.' APPROVED by the Governor June 13, 1889. Passed, threefifths being present. Passed June 13, 1889. SECTION 1. Section three of chapter four hundred and fourteen of the laws of one thousand eight hundred and eightyone, entitled "An act permitting the verification of pleadings in justices' courts," is hereby amended so as to read as follows: §3. In a case specified in sections one and two of this act, a party may demur to the pleadings of the adverse party, or, if it is a complaint, to one or more distinct and separate causes of action, where it is not sufficiently explicit to be understood; or where it does not state facts sufficient to constitute a cause of action or counterclaim, as the case may be. If the court deems the demurrer well founded, it must permit the pleading to be amended; and if the party fails so to amend, the defective pleading, or part of a pleading, demurred to, must be disregarded. If the court deems the demurrer not wel founded, it must permit the party making it, to plead over at his election. §2. Section four of said act is hereby amended so as to read as follows: $4. In case the defendant fails to answer said complaint, as ereinbefore provided, at the time of the return of said sumons, D he shall be deemed to have admitted the allegations of the complaint as true, and the court shall, upon filing the summons and complaint, with due proof of the service thereof, enter judgment for the said plaintiff and against the defendnt, for the amount demanded in such complaint, with costs, ithout further proof. $3. This act shall take effect immediately. SSAS STATE OF NEW YORK, OFFICE OF THE SECRETARY OF STATE.. 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 enact ment. IN WITNESS WHEREOF, I have hereunto set my sig nature, at the city of Albany, this twenty second day of August, in the year one thou sand eight hundred and seventy-seven. EDGAR K. APGAR, Deputy and Acting Secretary of State. CERTIFICATE COMMISSIONERS TO REVISE THE STATUTES. STATE OF NEW YORK, 8.8: We, the undersigned, the commissioners to revise the statutes, do hereby certify, that we have corrected the text of the act, entitled, "An act relating to courts, officers of justice, and civil proceedings,” passed June second, eighteen hundred and seventy-six, as directed in the second section of the act, entitled," An act to amend chapter four hundred and forty-eight of the laws of eighteen hundred and seventy-six, entitled, An act relating to courts, officers of justice, and civil proceedings,' and to provide for the publication of the act, as amended," passed June fifth, eighteen hundred and seventy-seven; that the following book contains the said act, thus corrected and amended; and that the said book contains the correct text of the Code of Civil Procedure, as amended and completed by the acts of the legislature, passed since its enactment. DATED the twenty-sixth day of June, in the year eighteen hundred and seventy-seven. MONTGOMERY H. THROOP |