TITLE II. Provisions regulating the effect and application of this SEC. 3344. Short title of this act. act. 3345. Rule of strict construction not applicable thereto. 3346. Punishment of crimes and misdemeanors created thereby. 3347. Application of certain portions thereof, regulated and qualified. 3348. Id.; what deemed commencement of action, etc. 3349. Id.; when proceedings to be under former statutes. 3350. Effect of this act, upon trial jurors and juries, in criminal causes. 3351. Id.; upon grand jurors and juries. 3352. Id.; upon proceedings taken, or rights accrued, etc., under former statutes. 3353. Id.; upon former appointment of terms. 3354. Id.; upon officers and offices. 3355. When this act deemed to have been passed, etc. 3356. When this act takes effect. § 3344. Short title of this act. This act constitutes a portion of the New Revision of the Statutes. It may be styled, in any act of the legislature or proceeding in a court of justice, or wherever it is otherwise referred to, "The Code of Civil Procedure". L. 1876, ch. 449, 1. 3345. Rule of strict construction not applicable thereto.-The rule of the common law, that a statute in derogation of the common law is strictly construed, does not apply to this act. Code of Proc., 8 467. § 3346. Punishment of crimes and misdemeanors created thereby.-Where it is prescribed, in a provision of this act, that a person doing or omitting to do any act is guilty of a particular crime, or, generally, of a misde meanor, he shall be punished therefor in the manner and to the extent, prescribed by the statutes remaining unrepealed after the provision in question takes effect, for the punishment of the crime so specified; or for the punishment of a misdemeanor, the punishment of which is not specially prescribed in the statute defining it. New. 3347. [Amended, 1895.] Application of certain portions thereof regulated and qualified. -- The appli cation and effect of certain portions of this act are declared and regulated as follows: except that, where a particular provision, included within a chapter or a portion of a chapter, specified in a subdivision of this section, expressly designates the courts, persons, or proceedings, affected thereby, that provision is deemed excluded from the application and effect, prescribed in the subdivision: 1. In chapter second, the prisoners referred to are civil prisoners only, except that section 122, and article third of title second thereof, apply to all prisoners, civil or criminal. 2. In chapter third, sections 303, 304, 305, and 306 apply to trial jurors upon the trial of an indictment or other criminal cause; as prescribed in subdivision seventh of this section, with respect to the application of titles third and fourth of chapter tenth, and as specified in the next two sections. 3. In chapter fifth, sections 446, 449, 450, 454, 455, and 458 to 468, both inclusive, apply to an action com menced, in any court of the State, on or after the first day of September, 1877. 4. The remainder of chapter fifth, and the whole of chapter sixth, apply only to an action commenced, on or after the first day of September, 1877, in the supreme court, the city court of the city of New York, or a county court. [L. 1895, ch. 946.] 5. Chapter seventh, excluding section 548, and articles first and second of title fourth thereof, applies only to an action, in one of the courts specified in subdivision fourth of this section, in which an application for an order of arrest, an injunction order, or a warrant of attachment against property, is made, on or after the first day of September, 1877. Articles first and second of title fourth of that chapter apply only to proceedings taken, in one of those courts, on or after that date. 6. [Amended, 1882.] Chapter eight applies only to the proceedings taken on or after the first day of September, 1877, in an action or special proceeding in one of the courts specified in subdivision fourth of this section; except that sections 721, 722, 724 to 727, both inclusive, and 817 to 819, both inclusive, apply to all courts of record; sections 728, 729, 730, 749, 787, 788, 810 to 816, both inclusive, and 826, to proceedings, taken on or after that day, in any court or before any officer or body; and sections 723, 764, 765, 785, 789, 790, and 825, to all courts. 7. In chapter tenth, titles first, second, and sixth, and article second of title fifth, apply only to proceedings taken, on or after the first day of September, 1877, in one of the courts specified in subdivision fourth of this section. Titles third and fourth, and article first of title fifth, of that chapter apply only to jurors drawn for, and juries formed at, a term of a court, commencing not less than twenty days after the first day of May, 1877. Subject to that qualification, they apply to jurors selected under the statutes, remaining unrepealed after that day, and the lists and ballots prepared accordingly; until new jurors are selected, and new lists and ballots are prepared, as prescribed in those titles. The same portions of chapter tenth, excluding article third of title third, apply equally to a criminal and a civil action or special proceeding, and to a court of criminal and a court of civil jurisdiction. But title third does not affect any special provision of law, remaining unre pealed after the first day of May, 1877, whereby trial jurors are directed to be procured, for a particular court of record, from a particular locality; or whereby a county is divided into two or more jury districts, and the selecting, drawing, summoning, or attendance of jurors from the particular locality, or the different jury districts, is regulated. Each of those provisions be comes applicable to and affects the selecting, drawing, notifying, or attendance of jurors, as prescribed in that title, in like manner as it applied to and affected the statutes previously in force, upon the same subject. So much of the provisions of title fourth, as relates to the remission or enforcement of a fine imposed 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, 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 com. menced 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 remain. ing 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 sec tion; 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, 1893.] 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, section 27.6, except the words "upon the hear ing before the surrogate" applies to action theretofore or thereafter commenced pursuant to article second of title three of chapter fifteen; 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 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, 1880. 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. Par. 14 added, Laws 1894, ch. 725; in effect May 21, 1894. etc.. - $ 3348. Id.; what deemed commencement of action. 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, be fore 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, in effect May 6, 1893; Laws 1893, chap. 42. |