TABLE AND NOTES OF BOARD OF STATUTORY CONSOLIDATION As to Repeal of Sections of Code of Civil Procedure (1909) Note of Board of Statutory Consolidation. Table 1. Statutes consolidated in Code of Civil Procedure.. Table 2. Showing distribution of sections of Code transferred to Consolidated Laws. lxxv lxxvi lxxvii NOTE SUBMITTED BY BOARD OF STATUTORY CONSOLIDATION IN ITS REPORT RELA- The board was authorized by the statute creating it to report for enactment such amendments as it might deem proper and necessary to condense and simplify the existing practice and to adapt the procedure in the courts to existing conditions. An exhaustive study was made of the Code of civil procedure by the board pursuant to the statute and an elaborate tentative rearrangement of This preliminary study grouped related practice provisions the Code provisions was made. together according to the steps in the progress of litigation from its commencement to its termination and is embraced in three large printed volumes not submitted with the report of the board to the legislature. It will be available however when the actual revision of the civil practice in the courts is undertaken and will serve as a basis for subsequent work on this important subject. The preparation of the consolidated laws and the treatment of the Code of civil procedure was carried along side by side, and the consolidated laws as presented have been prepared so that there will be no necessity for a rearrangement of them should a revision of the Code of civil procedure be undertaken in the future. It was considered that the primary duty of the board was to complete the consolidated laws, and should time permit, prepare a revision of the civil practice. With the progress of the work it became evident more and more that a revision of the Code of civil procedure could best be accomplished unincumbered with the work of the consolidation of the substantive statutes. So delicate and difficult a task is that of revising the present civil practice of the state, which has been in use for over thirty years, that it was deemed the part of wisdom to leave this work as a separate and independent task when the attention of those intrusted with it would not be diverted or divided by the consideration of other matters. After a thorough examination of the whole subject and after due consideration of all of the phases of Code revision, it was deemed advisable at this time not to attempt a revision of the practice, but merely to remove substantive provisions and to this extent to prepare the way for actual revision. The substantive provisions removed from the Code of civil procedure by the board have been distributed in various consolidated laws, but chiefly arranged in a new law known as the Judiciary law, embracing matters relating to courts and officers thereof, including such subjects as jurors so far as relates to the selection of jurors for a term of court, court clerks, court stenographers, attendants, messengers, criers, interpreters, reporters and attorneys and counselors. A few sections have been inserted in the Civil rights law. Various proceedings have been incorporated in the Debtor and creditor law. There existed in the session laws the statute relating to general assignments for the benefit of creditors. This statute was assigned to the proposed Debtor and creditor law. It was deemed best to consolidate with this statute certain proceedings in the Code of civil procedure relating to debtor and creditor. Thus there has been inserted from the Code the article relating to insolvent's discharge from debts, insolvent's exemption from arrest and imprisonment, judgment debtor's discharge from imprisonment and matters of a similar character. The provisions of the Code of civil procedure relating to the distribution of personal property have been included in an article in the Decedent estate law with the provisions of the Real property law relating to the descent of real property. Some matters relating to executors, administrators and testamentary trustees in the revised statutes and session laws have been included under an article in this law. There are many matters of a substantive character relating to executors, administrators and testamentary trustees which might, upon a revision of the Code of civil procedure, be included in the Decedent estate law. Most of these are to be found in the surrogate's court practice which it has been deemed best, for the present, not to disturb but rather to leave until such time as the practice in the surrogate's court shall be revised. The General corporation law contains some proceedings from the Code of civil procedure. These have been removed to the General corporation law for the purpose of making that law as complete as possible. Thus there have been included in the General corporation law from the Code of civil procedure provisions relating to change of name, sale of corporate real property, judicial supervision of corporations and of the officers and members thereof, actions for sequestration, actions for dissolution, actions to enforce the individual liability of officers and members of corporations, actions to annul corporations, proceedings for voluntary dissolution of corporations and provisions relating to two or more of the foregoing proceedings or actions. These have been brought together in the General corporation law with like provisions of a substantive character as were found in the session laws, such, for instance, as the provisions relating to the powers, duties and liabilities of receivers of corporations. The amendatory act herewith presented was made necessary by the removal from the Code of the substantive provisions above mentioned. The amendatory act does not disturb the numbering of the sections remaining in the Code and the table at the end of the proposed act shows readily the distribution of the sections eliminated. The treatment will not disturb for the present the civil practice and at the same time will remove from the Code substantive provisions and thus prepare the way for an actual revision of the practice. Respectfully, ADOLPH J. RODENBECK, SHOWING THE STATUTES CONSOLIDATED IN THE CODE OF CIVIL PROCEDURE BY THE LAWS OF 1909, AND ALSO THE SECTIONS OF THE CODE OF CIVIL PROCEDURE ADDED OR AMENDED BY THE LAWS OF 1909, OTHERWISE THAN BY REMOVAL TO THE CONSOLIDATED LAWS A STATUTES CONSOLIDATED IN CODE OF CIVIL PROCEDURE BY L. 1909, CH. 65 R. S., pt. 2, ch. 5, tit. 2, § 22, amended by L. 1880, ch. 423, § 1. L. 1851, ch. 134, § 33, amended by L. 1893, ch. 101, § 1. L. 1889, ch. 330, § 3, amended by L. 1895, ch. 544, § 3 and L. 1908, ch. 185, § 2. L. 1890, ch. 158, § 1. L. 1894, ch. 731, § 1. L. 1895, ch. 544, § 2. L. 1895, ch. 544, § 3. L. 1897, ch. 403, § 1, pt. L. 1900, ch. 510, § 1. L. 1908, ch. 185, § 2. B SECTIONS TRANSFERRED TO ANOTHER PART OF CODE BY L. 1909, CH. 65 SECTIONS ADDED, AMENDED OR REPEALED BY LAWS OF 1909, OTHERWISE THAN BY THE CON TABLE 2 [Prepared by the Board of statutory consolidation with notes by editors of Parsons' Practice Manual.] SHOWING DISTRIBUTION OF SECTIONS OF THE CODE OF CIVIL PROCEDURE IN THE CONSOLIDATED LAWS, ARRANGED NUMERICALLY (1909) Where it appears that a part only of a section is distributed the remainder is left in the Code. Necessaries for court terms. Liquors not to be sold in courthouse. Adjournment of terms. Adjournment of terms. Place of holding term. Filing appointment of term. Place of holding court of record. Holding court in New York. Changing place of court outside of New York. Judge not to act in certain cases. Judge must not be interested in costs. Judge not disqualified because a taxpayer. Judge prohibited from taking certain fees. Certificate of judge's age and service. 460-465, 467 Examination and admission of attorneys. Rules for admission. *17. The portion of § 17 reading, "The convention shall have power to appoint and remove a reporter" is omitted as covered by judiciary law, § 90. The portion of § 17 relating to seals has been omitted because the subject is now covered by judiciary law, 328, which continues the seals of all courts of record, and § 329, which provides for replacing seals when lost or destroyed. 27. The part relating to surrogate is repealed by act amending code civ. proc, generally. See code civ. proc., § 2507. 30. The provision for the expense of seals of surrogates' courts has been omitted from judiciary law, § 29, because superseded by county law, $235.-ED. 38. This section has not been expressly repealed, but has been embodied in the judiciary law, § 8. 39. Only partly repealed. Balance of section not expressly repealed, but embodied in judiciary law, § 8. 51. This section not expressly repealed by judiciary law, but has been embodied in § 19 thereof. CODE CONSOLIDATED LAW Subject Exemptions of graduates of law schools. Attorneys residing in adjoining states. Court officers not to practice. None but attorneys to practice in New York city. Penalty for practicing in New York contrary to last section. Compensation of attorneys. Suspension from practice. Suspension of attorney, notice. Removal effective in all courts. Punishment of attorney for deceit. Punishment for wilful delay of action. Attorney not to lend name. Attorney not to buy claims. Attorneys prohibited from making certain Penalty for violation of last two sections. · Application of preceding sections. Partner of district attorney not to defend prosecutions. Attorney not to defend when he has been Penalty for violation of last two sections. Qualifications of stenographers. General duties of stenographers. Presentation of stenographic notes. Stenographic minutes to be written out. County charge; stenographers' compensation. Appellate division clerks. Clerks in New York county, Criers of courts of record. Sheriff or constable as crier. Interpreters in Kings and Queens counties. Attendants in Kings, Queens and Richmond counties. Duties of attendants in Kings, Queens and Court officers in certain counties. Attendants in certain counties. Deputy sheriff must attend court. *64. See penal law, § 1876, instead of § 1877. 68. Only partly repealed by judiciary law; but see judiciary law, §§ 88, 476. which embody the whole of this section.ED. 83. All except fourth sentence repealed by judiciary law; fourth sentence repealed by act amending code civ. proc. generally. See code civ. proc., § 1323a. 89. See county law, § 169, instead of § 170. 95. Part relating to surrogate is repealed by act amending code civ. proc. generally. See code civ. proc., § 2512. 96-97. See also code civ. proc., § 2512.-ED. 106. Repealed because covered by penal law, § 1848. Governor may order out militia. Charges by sheriff for food prohibited. Rates of charges against persons arrested. Charges for rent in prison prohibited. Privilege of officers and prisoner from arrest. County jails. Either of several jails may be used. Civil and criminal prisoners to be kept separate. Males and females to be kept separate. Violation by sheriff of certain provisions relating to prisoners. Jail physician. Removal of sick prisoner. Sale of liquor in jail. Permit to bring liquor into jail. Penalty for bringing liquor into jail. Designation when jail unfit. Annulment of designation. Designation of jail in contiguous county. Removal of prisoners in case of fire. Certain officers may make designation of jails. Jail liberties. Laying out jail liberties. Resolution establishing jail liberties to be posted. Connivance at escape by sheriff. Proceedings when new sheriff assumes office. Duties of former sheriff when new sheriff Former sheriff to execute instrument of Former sheriff to execute certain process. Proceedings on neglect or refusal of former Person performing duties of sheriff. Court of appeals; rules. Court of appeals; terms. Court of appeals; terms. Court of appeals; appointment of officers. Court of appeals; clerk. Court of appeals; deputy clerk. Court of appeals; clerk. Court of appeals; judges' clerks. Court of appeals; judges' offices. State reporter; reporter of court of appeals. Publication of reports of court of appeals. Copyright of reports of court of appeals. 213 Executive.. 32. Distribution of reports of court of appeals. * 107. Superseded by L. 1898, ch. 212, § 86, which was likewise repealed by military law (L. 1909, ch. 41). 121. See also county law, § 183. 125. Partly repealed by penal law; but see penal law, § 1875, instead of § 1876. Section 1875 embodies the whole of this section. 126. Except part relating to county of New York repealed by prison law. For remainder of section see Greater New York charter.-ED. 199. The words, "and the trustees must assign him suitable rooms therein for that purpose," are covered by public buildings law, § 3. 209. This section repealed by judiciary law, because covered by judiciary law, § 430.—ED. |