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15. Repealed, 1892, Ch. 677; ante, li.
16. A “distinct parcel ” of real property is a part of the property which is or may be set off by boundary lines, as distinguished from an undivided share or in. terest therein.
17. Repealed, 1892, Ch. 677; ante, li.
18. A “domestic corporation” is a corporation created by or under the laws of the State; or located in the State, and created by or under the laws of the United States, or by or pursuant to the laws, in force in the colony of New-York, before the 19th day of April, in the year 1775. Every other corporation is a “foreign corporation”.
19. The terms, "trial juror”, and “trial jury”, are respectively equivalent to the terms, “petit juror”, and
petit jury”, as used in the constitution and laws of the State. The word, “ notify”, as used, with resp*ct to procuring the attendance of a juror, is equivalent to the word,“ summon”, as used in the like connection, in the same constitution and laws.
20. The word, “ action", refers to a civil action; the word, “ judgment”, to a judgment in such an actio'ı; the term, special proceeding", to a civil special proceeding ; the word, “ order”, to an order made in such an action or special proceeding; the words, “ an action of ejectment”, to an action to recover the immediate possession of real property.
21--24. Repealed, 1892, Ch. 077; ante, li.
L. 1876, Ch. 449, & 2; Code of Proc., & 466 ; id., & 462 ; id.. $ 463; 1d., 4641 L. 1875, ch. 27; 2 R. §. 650, 84 (2 Edm. 669).
TITLE II. Provisions regulating the effect and application of this
SEC. 3344. Short title of this act.
3345. Rule of strict construction not applicable thereto.
$ 3344. Short title of this act.This act constitutes a portion of the New Revision of the Statutes. 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, 5 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., & 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 :
i. 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 speci. fied 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 ef 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 unrepealed 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 pre. scribed 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 con. stable or marshal ; and to sales and other proceedings, by virtue of an execution directed to a sheriff, and de. livered 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 section; or where a warrant of attachment against property is granted on or after that date, in an action brougūt 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