posed upon a trial juror, applies to a fine imposed upon a grand juror, as prescribed in the statutes remaining unrepealed after the first day of May, eighteen hundred and seventy-seven.

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, eighteen hundred and seventy-seven. 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, eighteen hundred and seventy-seven.

9. Chapter twelfth does not affect the statutes remaining unrepealed after the first day of September, eighteen hundred and seventy-seven, 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, eighteen hundred and seventy-seven, 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 fourteen hundred and thirteen and fourteen hundred and fourteen, and sections fourteen hundred and seventeen to fourteen hundred and twenty-seven, 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. So much of chapters fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth and twentieth as regulate 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, 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, 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, eighteen hundred and seventy-seven and all appeals from any order, sentence. decree, or determination of such court, brought in conformity thereto since the first of September, eighteen hundred and eighty, are hereby declared to be valid and effectual, except that sections one thousand six hundred and seventy to one thousand six hundred and eightyfive, 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 one thousand six hundred and seventy-four applies to a notice of pendency of action theretofore or thereafter filed; sections one thousand eight hundred and eighty-one to one 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 eighty-seven, both inclusive, two thousand one hundred and ninety-seven to two thousand one hundred and ninety-nine, 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 dis charge 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 first day of September, eighteen hundred and eighty, in proceedings taken under any statute superseded by the title containing those sections, and to the process issued thereupon; sections two thousand three hundred and twenty to two thousand three hundred and forty-four, 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 two thousand five hundred and thirty-seven applies also to every payment or deposit therein specified, made on or after the first day of September, eighteen hundred and eighty; section two thousand seven hundred and fifty-six except the words hearing before the surrogate" applies to actions theretofore or thereafter commenced pursuant to article second of title three of chapter fifteen; and sections two thousand seven hundred and ninety-eight to two thousand eight hundred and one, both inclusive, apply also to a case where a decree for the sale or other disposition of the real property of a 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, eighteen hundred and eighty.

upon the

13. In chapter twenty-first, titles first, second and third apply only to an action in one of the courts specified in subdivision fourth of this section.

14. The disqualification of jurors, as provided in section eleven hundred and sixty-six of this act, shall apply to all courts.

From ch. 449 of 1876, § 5, as amended by ch. 323 of 1878.

Am'd by ch. 681 of 1881; sub. 6 by ch. 399 of 1882; sub. 11 by ch. 229 of 1883; the first 13 sections am'd by ch. 642 of 1893; sub. 14 added by ch. 725 of 1894, and sub. 4 am'd by ch. 946 of 1895.

§ 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 a 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.

From ch. 449 of 1876, § 5, sub. 4.

§ 3349. Id.; when proceedings to be under former stat

utes.

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.

§ 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.

From ch. 449 of 1876, § 5, sub. 7.

§ 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 imposed as prescribed in article fourth of title third of chapter tenth of this act; and sections 1073 to 1077 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 empanelling 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.

From 2 R. S. 483, 484, §§ 16-21 (2 Edm. 505, 506); 2 R. S. 722, § 13 (2 Edm. 745).

§ 3352. Id.; upon proceedings taken, or rights accrued, etc., under former statutes.

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 accrued 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 remain in force, notwithstanding the repeal thereof.

From ch. 449 of 1876, § 6, sub. I.

§ 3353. Id.; upon former appointment of terms. 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, 1877, until new terms are appointed, or one or more judges are newly designated, as prescribed in this act.

From ch. 449 of 1876, § 13.

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§ 3354. Id.; upon officers and offices.

This act does not create a 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 discharge 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 vacancy therein.

From ch. 449 of 1876, § 14.

§ 3355. When this act deemed to have been passed, etc. 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. Am'd by ch. 399 of 1882.

§ 3356. When this act takes effect.

Subject to the qualification 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 1877; the remainder of chapters first to thirteenth, both inclusive, on the first day of September, in the year 1877; chapters fourteenth to twenty-first, both inclusive, on the first day of September, 1880; 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 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.

3360. Proceedings to be commenced by petition; what to contain.

3361. Notice to be annexed to petition; upon whom served.

3362. Petition and notice; how served.

3363. Appearance of defendant infant, idiot, lunatic or habitual drunkard. 3364. Appearance of parties.

3365. Answer; what to contain.

3366. Petition or answer must be verified.

3367. Trial of issues.

3368. Certain provisions made applicable.

3369. Judgment, what to contain; costs when to defendant; commissioners. 3370. Proceedings of commissioners.

3371. Confirming or setting aside report; deposit when payment.

3372. Offer to compromise; amount of costs; additional allowance.

3373. Judgment how enforced; when to deliver possession of premises and when writ of assistance to issue.

3374. Abandonment and discontinuance of proceeding.

3375. Appeal from final orders; stay.

3376. Appeal from judgment by plaintiff.

3377. New appraisal; when.

3378. Conflicting claimants.

3379. Possession of property on giving security.

3380. When possession of real property given immediately.

3381. Notice of pendency of action to be filed.

3382. Practice in cases not provided for.

3383. Repealing clause.

3384. When title to take effect.

3357. Title.

This title shall be known as the condemnation law.

Added by ch. 95 of 1890.

§ 3358. Definitions.

The term person " when used herein includes a natural person and so a corporation, joint stock association, the state and a political