29 Hun, 47 26 Hun, 550. 1 Dem. 3. 91 N.Y. 502. 8. In chapter eleventh, articles first and second of t first, and the whole of title third, apply only to proceedin in one of the courts specified in subdivision fourth of the section, taken on or after the first day of September, 187 But where an action has been commenced in either of the courts, before that date, a judgment by default must 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 remainin unrepealed after the first day of September, 1877, touchin 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 cour of record, other than an execution issued out of such court, and directed, pursuant to law, to a constable c marshal; and to sales and other proceedings, by virtue d 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 a execution is issued out of one of the courts specified in subdivision fourth of this section; or where a warrant of at. tachment 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. So much of chapters fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth and twentieth as regulate the proceedings to be taken in an action or special pro103 N.Y. 156. ceeding, and the effect thereof, applies only to an action of a special proceeding commenced on or after the first day of September, eighteen hundred and eighty. 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, eighteen hundred and eighty, in any matter or proceeding pending or undetermined in such court, on the first day of September, eighteen hundred and eighty; and all appeals to the court of appeals from any order or judgment of the supreme court, affirming, versing or modifying any such order, sentence, decree or termination of a surrogate's court, shall be taken and percted, heard and decided in conformity to the laws and actice regulating appeals from orders, sentences and deees of surrogate's court, and the hearing and decision ereof, in force in this State on the thirtieth day of April, ghteen hundred and seventy-seven; and all appeals from iy order, sentence, decree, or determination of such court, rought in conformity thereto since the first of September, ghteen hundred and eighty, are hereby declared to be valid nd effectual except that sections one thousand six hundred nd seventy to one thousand six hundred and eighty-five, oth inclusive, apply also to the proceedings therein specied, taken, after that date, in an action theretofore comnenced, or upon a judgment theretofore rendered, and ection one thousand six hundred and seventy-four applies to notice of pendency of action theretofore or thereafter filed; sections one thousand eight hundred and eighty-one to ɔne thousand eight hundred and ninety-two, 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 two thousand one hundred and eighty-one to two thousand one hundred and eightyseven, both inclusive, two thousand one hundred and ninety-seven to two thousand one hundred and ninetynine, both inclusive, and two thousand two hundred and thirteen to two thousand two hundred and eighteen, both inclusive, apply also to a case where a discharge is thereafter granted; and sections two thousand two hundred and twenty-eight to two thousand two hundred and thirty, both inclusive, apply also to trustees theretofore or thereafter appointed in proceedings taken under any statute superseded by the title containing those sections, sections two thousand two hundred and fifty-three to two thousand two hundred and sixty-five, both inclusive, apply also. where a final determination has been made before the 125 N.Y. 200. 134 Id. 128. 136 Id. 412. § 3351. This act does not affect any provision of the statutes, remaining unrepealed after the first day of September, eighteen hundred and seventy-seven relating to grand jurors or grand juries; except as follows: 1. A fine imposed, after the first day of September, eighteen hundred and seventy-seven 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 imposed as prescribed in article fourth of title third of chapter tenth of this act; and sections one thousand and seventy-three to one thousand and seventyseven of this act, both inclusive, apply to such a person, as if he had been drawn, and notified to attend, as a trial juror. 2. Where a provision of those statutes refers to the lists of petit jurors, the ballots containing their names, the box or boxes in which those ballots are deposited or contained, the selecting, drawing, summoning, or empannelling of petit jurors, the imposition of a fine upon a petit juror, or the enforcement, reduction, or remission thereof, it is deemed to refer to the same subject, as provided for in this act, in like manner as it refers to those statutes. § 3352. Nothing contained in any provision of this act, other than in chapter fourth, renders ineffectual, or otherwise impairs, any proceeding in an action or a special proceeding, had, or taken, pursuant to law, or any other lawful act done, or right, defence, or limitation, lawfully ccrued or established, before the provision in question takes effect; unless the contrary is expressly declared in the provision in question. As far as it may be necessary, for the purpose of avoiding such a result, or carrying into effect such a proceeding or other act, or enforcing or protecting such a right, defence, or limitation, the statutes in force on the day before the provision takes effect, are deemed to se main in force, notwithstanding the repeal thereof. § 3353. This act does not affect the appointment of a term, or the designation of one or more judges to hold a term, made pursuant to the statutes in force on the thirty-first day of August, eighteen hundred and seventy-seven until new terms are appointed, or one or more judges are newly designated, as prescribed in this act. 3354. This act does not create vacancy in any office or employment, designated or referred to therein, by the title or description thereof, contained in the statutes in force on the day before the provision referring thereto takes effect, or by another title or description; nor does it affect any provision of those statutes, relating to the amount, or the time or the mode of payment, of the compensation of an officer or employee, so designated or referred to, who is in office or employed on that day: except that where the tenure of his office or employment is not prescribed in this act, he may be removed at pleasure by the court, officer, or officers, authorized by this act to appoint a person to dis charge the same duties. Until he is removed, or his office or place becomes otherwise vacant, the provisions of this act apply to him, and to the discharge of his duties. The court, officer, or officers, authorized by this act to appoint a person to an office or employment, may from time to time fill a vacany therein. § 3355. [Am'd 1882.] For the purpose of determining the effect of the different provisions of this act with respect to each other, they are deemed to have been enacted simultaneously. For the purpose of determining the effect of this act upon other acts, and the effect of other acts upon this act, chapters fourteen to twenty-two of this act, both inclusive, are deemed to have been enacted on the twelfth day of January, in the year eighteen hundred and eighty; and all acts passed after the last-mentioned date are to have the same effect as if they were passed after those chapters. § 3356. Subject to the qualifications contained in the foregoing sections of this title, this act shall take effect as follows: titles third and fourth, and article first of title fifth of chapter tenth, on the first day of May, in the year eighteen hundred and seventy-seven; the remainder of chapters first to thirteenth, both inclusive, on the first day of September, in the year eighteen hundred and seventyseven; chapters fourteenth to twenty-first, both inclusive, on the first day of September, eighteen hundred and eighty; and this chapter immediately. CHAPTER XXIII.* SUPPLEMENTAL PROVISIONS. TITLE I.-PROCEEDINGS FOR THE CONDEMNATION OF REAL PROPERTY. TITLE II.-PROCEEDINGS FOR THE SALE OF CORPORATE 3361. Notice of presentation of 8362. Service, how made. 3364. Appearance of parties. 3367. Trial of issues and decision. 3368. Provisions applicable. 3569. Judgment, entry of. Commissioners of appraisal. 3370. Duty of commissioners. Report. Compensation. 3371. Confirmation of report. Rehearing before commissioners. Final order. Deposit of money deemed payment. 3372. Offer to purchase by plaintiff. Notice of accept § 3357. This title shall be known as the condemnation law. § 3358. The term "person", when used herein, includes a corporation, joint stock association, the state and a politi cal division thereof, as well as a natural person; the term "real property", any right, interest or easement therein or appurtenance thereto; and the term "owner", all persons having any estate, interest or easement in the property to be taken, or any lien, charge or encumbrance thereon. The person instituting the proceedings shall be termed the plaintiff; and the person against whom the proceeding is brought, the defendant. 3359. Whenever any person is authorized to acquire title to real property, for a public use, by condemnation, the proceeding for that purpose shall be taken in the manner prescribed in this title. § 3360. The proceeding shall be instituted by the presentation of a petition by the plaintiff to the supreme court setting forth the following facts: 1. His name, place of residence, and the business in which engaged; if a corporation or joint stock association, whether foreign or domestic, its principal place of business within the State, the names and places of residence of its principal officers, and of its directors, trustees or board of managers, as the case may be, and the object or purpose of its incorporation or association; if a political division of the state, the names and places of residence of its principal officers; and if the state, the name and place of residence of the officer acting in its behalf in the proceeding. |