juror, as prescribed in the statutes remaining unrepealed after the first day of May, 1877. 8. In chapter eleventh, articles first and second of title first, and the whole of title third, apply only to proceedings in one of the courts specified in subdivision fourth of this section, taken on or after the first day of September, 1877. But where an action has been commenced in either of those courts, before that date, a judgment by default must be taken therein, as prescribed by the statutes in force on the thirty-first day of August, 1877. 9. Chapter twelfth does not affect the statutes remaining unrepealed after the first day of September, 1877, touching the review of proceedings in a criminal cause. 10. Chapter thirteenth applies only to an execution issued, on or after the first day of September, 1877, out of a court of record, other than an execution issued out of such a court, and directed, pursuant to law, to a constable or marshal; and to sales and other proceedings, by virtue of an execution directed to a sheriff, and delivered to him, after that date. Sections 1413 and 1414, and sections 1417 to 1427, both inclusive, apply only to a case where such an execution is issued out of one of the courts specified in subdivision fourth of this section; or where a warrant of attachment against property is granted on or after that date, in an action brought in one of those courts. Title third of that chapter applies only to an execution, issued upon a judgment rendered in one of those courts. 11. [Amended, 1883.] So much of chapters fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth and twentieth, as regulates the proceedings to be taken in an action or special proceeding, and the effect thereof, applies only to an action or a special proceeding commenced on or after the first day of September, 1880. And all appeals taken from any order, sentence, decree or determination of a surrogate's court made or entered in such court on or after the first day of September, 1880, in any matter or proceeding pending or undetermined in such court on the first day of September, 1880, and all appeals to the court of appeals from any order or judgment of the supreme court affirming, reversing or modifying any such order, sentence, decree or determination of a surrogate's court shall be taken and perfected, heard and decided in conformity to the laws and practice regulating appeals from orders, sentences and decrees of surrogate's court, and the hearing and decision thereof, in force in this State on the thirtieth day of April, 1877, and all appeals from any order, sentence, decree or determination of such court brought in conformity thereto since the first day of September, 1880. are hereby declared to be valid and effectual, except that sections 1670 to 1685, both inclusive, apply also to the proceedings therein specified, taken, after that date, in an action theretofore commenced, or upon a judgment theretofore rendered, and section 1674 applies to a notice of pendency of action theretofore or thereafter filed; sections 1880 to 1892, both inclusive, do not apply to an action upon any bond therein specified, where an order, allowing any person to prosecute the bond in the name of the people, has been duly made before that date and is then in force, in which case future actions upon the same bond are regulated by the laws in force on the day before that date, notwithstanding the repeal thereof; sections 2181 to 2187, both inclusive, 2197 to 2199, both inclusive, and 2213 to 2218, both inclusive, apply also to a case where a discharge is thereafter granted, and sections 2228 to 2230, both inclusive, apply also to trustees theretofore or thereafter appointed in proceedings taken under any statute superseded by the title containing those sections; sections 2253 to 2265, both inclusive, apply also where a final de termination has been made before the first day of September, 1880, in proceedings taken under any statute superseded by the title containing those sections, and to the process issued thereupon; sections 2320 to 2344, both inclusive, apply also to proceedings taken, before that date, under any statute superseded by the title containing them, whether a committee has or has not been appointed; section 2537 applies also to every payment or deposit therein specified made on or after the first day of September, 1880; and sections 2798 to 2801, both inclusive, apply also to a case, where a decree for the sale or other disposition of the real property of the decedent, has been duly made, before that date, in a surrogate's court. 12. So much of chapters nineteenth and twentieth, as relates to the jurisdiction of the several courts therein specified, applies only to an action or special proceeding commenced on or after the first day of September, 1880. 13. In chapter twenty-first, titles first, second, and third apply only to an action in one of the courts speci. fied in subdivision fourth of this section. New 3348. Id.; what deemed commencement of action, etc. Where a provision of this act is made applicable by the last section, to an action or special proceeding commenced on or after a day therein specified, if, before that date, a summons in an action, or a citation issued from a surrogate's court, has been served upon one or more, but not upon all, of the persons to be served; or an order for the service of a summons as prescribed in article second of title first of chapter fifth of this act has been made; or, in a special proceeding, elsewhere than in a surrogate's court, the petition or other paper, upon which the first order, process, or other mandate may be made or issued, has not been presented, the action or special proceeding is not deemed to have been commenced within the meaning of that section. New. § 3349. Id.; when proceedings to be under former statutes. Where any provision of this act is made applicable to future proceedings in an action or special proceeding, the proceedings therein, until the provision in question becomes applicable, are governed by, and must be conducted according to the laws in force on the day before the provision takes effect, except as otherwise prescribed in subdivision seventh of the last section but one. New. § 3350. Effect of this act, upon trial jurors and juries, in criminal causes. A jury, for the trial of an indictment or other criminal cause, at a term of a court of record, commencing on or after the twenty-first day of May, 1877, must be procured from the trial jurors selected, drawn, and notified, as prescribed in this act, for the term of the court at which it is triable, including the talesmen or additional jurors, procured as prescribed therein; and the same must be tried by the jury so formed. But the statutes remaining unrepealed after the first day of September, 1877, relating to challenges or disqualifications of petit jurors in a criminal cause, or prescribing the cases where talesmen or additional petit jurors must be summoned in a criminal cause, remain unaffected by this act, and are applicable to the proceedings taken as prescribed in this act, and to the trial jurors therein specified. New. § 3351. Id.; upon grand jurors and juries.-This act does not affect any provision of the statutes, remaining unrepealed after the first day of September, 1877, relating to grand jurors or grand juries; except as follows: 1. A fine imposed, after the first day of September, 1877, upon a person drawn as a grand juror, and duly summoned to attend a term of a court of record as a grand juror, as prescribed in those statutes, must be But the This act shall take effect immediately. amendment made by this act to section eighteen hundred and twenty-two shall not apply when letters have been issued to one or more executors or administrators before this act takes effect; nor shall any amendment, made by this act, invalidate or impair the effect of any proceeding heretofore taken. Chap. 398, 2, Laws of 1882. CHAPTER XXIII. SUPPLEMENTAL PROVISIONS. TITLE I. PROCEEDINGS FOR THE CONDEMNATION OF REAL PROPERTY. TITLE II. PROCEEDINGS FOR THE SALE OF CORPORATE REAL PROPERTY. TITLE I. Proceedings for the condemnation of real property. SEC. 3357. Title. 3358. Definitions. 3359. When proceedings prescribed in this title to be taken. 3361. Notice to be annexed to petition; service of, 3362. Service of petition and notice. 3363. Appearance of infant, idiot, lunatic or habitual drunkard. 3364. Appearances, 3365. Answer; what to contain. 3366. Verification of petition or answer. 3367. Trial of issues. 3368. Certain provisions applicable. 3369. Judgment; costs when to defendant; commissioners. 3370. Duties and powers of commissioners. 3371. Confirmation or setting aside report; deposit when payment. 3372. Offer to purchase; costs; additional allowance. 3373. Judgment how enforced; delivery possession of premises; when writ of assistance to issue. 3374. Abandonment of proceeding. 3375. Appeal; stay. 3376. Appeal by plaintiff. 3377. When General Term may direct a new appraisal. 3378. Conflicting claimants. 3379. Party in possession may stay on giving security. 3380. Temporary possession pending proceedings. 3381. Notice of pendency of action to be filed. 3382. Power of court to make necessary orders. 3383. Repealing clause; limitations. 3384. When act takes effect.. 3357. Title. This title shall be known as the condemnation law. 3358. Definitions. The term "person," when used herein, includes a corporation, joint-stock association, |