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All of section one of chapter four hundred and sixty, except the last sentence thereof, beginning with the words, “every juror shall receive.”
All of chapters five hundred and twenty-four, and five hundred and fortyfive.
51. 1875. Of the laws of eighteen hundred and seventy-five:
Chapters forty-nine, three hundred and thirty-five, four hundred and twenty-eight, and four hundred and forty-two.
All of chapter four hundred and seventy-nine, except section fifty-four thereof.
All of chapters five hundred and nineteen, six hundred and twenty-three, six hundred and twenty-five, and six hundred and thirty.
52. 1876. Of the laws of eighteen hundred and seventy-six : Chapters one hundred and eighteen, and one hundred and thirty-six.
That portion of section five of chapter one hundred and ninety-six, as amended by chapter one hundred and ninety-two of the laws of eighteen hundred and seventy-seven, which follows the words, " at nine o'clock in ihe forenoon."
All of chapter two hundred and five.
All of chapters two hundred and seventy-eight, and two hundred and ninety-nine.
Sectious one and two of chapter three hundred and thirty-eight.
All of chapters four hundred and twenty-six, four hundred and thirtyone, four hundred and forty-two, and four hundred and forty-nine.
53. 1877. Of the laws of eighteen hundred and seventy-seven:
Chapters one hundred and eighty-seven, two hundred and six, two hundred and seventy-four, and two hundred and eighty-five.
54. 1878. Of the laws of eighteen hundred and seventy-eight:
Chapters thirty-three, one hundred and twenty-nine, and one hundred and seventy-five.
Sections one, two and five of chapter one hundred and eighty-six.
55. So much of every provision of the existing laws, not previously specified in this section, relating to fees or other compensation of an officer or other person, as is inconsistent with, or the subject matter whereof is, fully provided for in the Code of Civil Procedure, whether such provision has been heretofore generally repealed or not.
$ 2. The repeal, by the last preceding section of the Code of Procedure, and of the portions of the Revised Statutes therein specified, effects also the repeal of all of the existing laws which expressly amend the said Code of Procedure or the portions of the Revised Statutes so repealed, by adding to or otherwise altering the text thereof. The description contained in the last preceding section of statutes, other than the revised laws of eighteen hundred and thirteen, or the Revised Statutes, refers to the statutes as they appear in the volumes of the laws of each session, printed and published by the State printer until the year eighteen hundred and forty-two, and after that year under the direction of the Secretary of State.
83. The repeal effected by the first section of this act is subject to the following qualifications: 1. It does not render ineffectual, or otherwise impair any proceeding in an artior, or special proceeding had or taken pursuant to law before this act tikpactant; and where the repeal of a provision, specified in that section, wuler ineffectual, or otherwise impair, such a proceeding, that proWat be deemed to remain unrepealed, for the purpose of avoiding such
:: des not affect any other lawful act done, or right, defence or limita-qwfully accrued or established, before this act takes effect; and ever; Menht or act remains as valid and effectual as if this act had not bec
vel. But this subdivision does not apply to a case provided for in chai We fourth of the Code of Civil Procedure.
It does not affect any offence committed, or penalty or forfeiture incur*l, before this act takes 'effect, except that the proceedings in a civil action or special proceeding, brought by reason thereof, are subject to the provie sions of the laws in force after this act takes effect.
4. It does not affect the jurisdiction, power or authority of any court or judge, in a criminal action or a criminal special proceeding, nor does it affect any future proceeding, taken according to the existing laws, in such an action or special proceeding, except as otherwise prescribed in subdivision sixth of this section, or implied in chapter twenty-second of the Code of Civil Procedure.
5. It does not affect the power or authority of a court other than the supreme court, a superior city court, the marine court of the city of New York, or a county court, in an action or special proceeding, of which such a court retains jurisdiction, under the laws in force, after this act takes effect; nor does it affect any future proceeding taken pursuant to law, in such an action or special proceeding, except as otherwise implied in the Code of Civil Procedure.
6. It does not affect the power, authority or jurisdiction of the county court respecting ferries, fisheries, turnpike-roads, wrecks, physicians, habitual drunkards, the removal of occupants from State lands, the laying out of railroads through Indian lands, and upon appeal from the determinations of commissioners of highways, and all other powers and jurisdiction specially conferred by any statute remaining unrepealed after this act takes effect upon the late court of common pleas of the county or the county court, and to pre scribe the manner of exercising such jurisdiction, where the provisions of any statute are inconsistent with the organization of the county court.
7. It does not affect any provision of the existing laws relating to the dis trict courts of the city of New York, or costs or fees or proceedings in, or appeals from, those courts, or the appointment, tenure of office, duty, or compensation of stenographers in those courts, except so far as the subject thereof is expressly regulated or provided for in the Code of Civil Procedure.
8. It does no affect the right of a prevailing party to recover the fees of referees and witnesses and his other necessary disbursements upon the reference of a claim against a decedent, as provided in those portions of the Revised Statutes left unrepealed after this act takes effect.
9. Except as otherwise prescribed in section two of this act, the repeal of any provision of the existing laws, which has been amended by a subsequent provision of those laws, not expressly repealed by this act, does not affect the subsequent provision.
10. The repeal of any provision of the existing laws does not revive any law repealed by the latter.
11. The repeal of a law heretofore repealed is not to be construed as a Ceclaration or implication that the repealed law has been in force at any time subseqnent to the former repeal. 12. The repeal of a portion of a law is not to be construed as reviving ang
other portion of that law which has been expressly or impliedly repealed by a law subsequently enacted.
13. Where a provision of the existing laws, incorporated into or adopted or otherwise referred to in, any other provision of the existing laws remaining in force after this act takes effect, is repealed the former provision, nevertheless, remains in force for the purpose for which it is so referred to, and for no other; except that where it has been revised in, and made a part of, the Code of Civil Procedure, the reference is to be construed as applying to the appropriate provision so revised.
14. The repeal of any of the existing laws creating or otherwise relating to an office or employment where the same or a corresponding ofice or employment is provided for or recognized in the Code of Civil Procedure, or in any other of the existing laws remaining unrepealed after this act takes effect, does not create a vacancy therein, nor does such repeal, except as otherwise prescribed in subdivision fifty-fifth of section first of this act, abolish, diminish or otherwise affect the salary, fees or other compensation of the incumbent, or the time or manner of the payment thereof, or the fund out of which, or officer by whom they are paid, as regulated by the laws so repealed, or the laws remaining unrepealed; nor does this act affect any provision of the existing laws, which requires, in the city of New York, a party filing a first note of issue of fact in the supreme court or a superior city court to pay any sum to the clerk; or which relates to the accounting for, application and disposition of, the sums so paid.
$ 4. The term "existing laws," as used in this act, designates the statutes of the State remaining unrepealed on the day before this act takes effect.
$ 5. This act shall take effect on the first day of September, eighteen hundred and eighty.
STATE OF NEW YORK
I have compared the preceding with the original law on file in this office, and do herehy certify that the same is a correct transcript therefrom and of the whole of said original law.
JOSEPH B. CARR,
Secretary of State.
CHAPTER 522 OF 1880.
$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 act, and also any other acts which may be passed at this session amending the same, shall be printed and published in a separate volume of the session laws, which shall contain no other laws. The said supplemental act shall be separately indexed at the end of the said volume, but the other act or acts in the said volume shall not be indexed.
L. 1881, CH. 40.
AN ACT in relation to surrogates' courts.
Passed March 18, 1881. ši. When an appeal shall be or has been been taken after the first day 01 September, eighteen hundred and eighty, from any order, decree or determination made or rendered in a surrogate's court, in any matter or proceeding commenced before the first day of September, eighteen hundred and eighty, the said appeal shall be heard upon a case to be made and settled, as provided by section two thousand five hundred and seventy-six of the Code of Civil Procedure; but if on any such appeal taken before the passage of this act the case has been made and settled, or the appeal perfected according to and in conformity with the laws and practice regulating appeals from orders, sentences or decrees of surrogates' courts in force in the state on the thirty-first day of August, eighteen hundred and eighty, then such appeals and settlement of the case thereon shall be valid and such appeals shall be heard and decided in conformity to the laws and practice regulating appeals from orders, sentences and decrees of surrogates' courts in force in this state on the thirty-first day of August, eighteen hundred and eighty.
$ 2. This act shall take effect immediately. Repealed by chap. 686 of 1893.
GENERAL LAWS REPEALED.
Chap. 96, L. 1854. Repealed by chap. 946, L. 1895. [To take effect January 1, 1896.)
Chap. 57, L. 1874. Repealed by chap. 946, L. 1895. [To take effect January 1, 1896.]
Chap. 219, L. 1883. Repealed by chap. 946, L. 1895. [To take effect January 1, 1896.]
Chap. 242, L. 1888. Repealed by chap. 946, L. 1895. [To take effect January 1, 1896.]
Chap. 243, L. 1888. Repealed by chap. 946, L. 1895. [To take effect January 1, 1896.]
GENERAL LAW AS TO PENDING PROCEEDINGS IN
All actions and proceedings pending in the superior court of the city of New York, the court of common pleas for the city and county of New York, the superior court of Buffalo, the city court of Brooklyn, the circuit courts and court of oyer and terminer in the several counties of this state, on the first day of January, eighteen hundred and ninety-six, are hereby transferred to the supreme court for hearing and determination by said court, in the several counties in which said courts in which said actions and proceedings shall then be pending, have heretofore existed, and all actions and proceedings pending in the court of sessions in the several counties of this state, except the county of New York, are hereby transferred to the county courts in the several counties in which said actions and proceedings shall then be pending.
§ 3, chap. 946, L. 1895. [To take effect January 1, 1896.]
SS 94, 232, 262, 793, 1836 and 2342, were also amended by chap. 946 of 1895, but the respective amendments by chaps. 724, 376, 580, 410, 595 and 746 prevailed by force of $ 4, chap. 946 of 1895.