any statute superseded by the title containing them, whether a committee has or has not been appointed; section 2537 applies also to every payment or deposit therein specified made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 2706, except the words upon the hearing 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. L. 1893, ch. 42. 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. [Added, 1894.] The disqualification of jurors, as provided in section eleven hundred and sixty-six of this act, shall apply to all courts. L. 1894, ch. 725. § 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 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. § 3349. Id.; when proceedings statutes. to be under former 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 twentyfirst 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 alesmen or additional petit jurors inust 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. § 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. See 2 R. S. 483, 484, 88 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. § 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. § 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 provisions of those statutes, relating to the amount, or the time or the mod 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 thus fill a vacancy therein. § 3355. [Am'd, 1882.] 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 sixth 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 this act. 8856. When this act takes effect. Subject to the qualifications 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 af September, 1880; and this chapter immediately. 974 CHAPTER XXIII. Supplemental Provisions. TITLE I.-Proceedings for the Condemnation of Real Property. TITLE II. TITLE I. Proceedings for the condemnation of real property. Sec. 8357. Title. 3358. Definitions. 3359. Proceedings to be taken as prescribed in this title. 3360. Petition; what to contain. 3361. Notice to be annexed to petition; service of. 3362. Service of petition and notice. 3363. Appearance of infant, idiot, lunatic or habitual drunkard. 3364. Appearance. 3365. Answer; what to contain. 3366. Verification of petition or answer. 3367. Trial of issues. 3368. Certain provisions applicable. 3369. Judgment; costs when to defendant; commissioners. 3370. Duties and powers of commissioners. 3371. Confirmation or setting aside report; deposit when payment. 3372. Offer to purchase; costs; additional allowance. 3373. Judgment, how enforced; delivery possession of premises; 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. When general term may direct a new appraisal. 3378. Conflicting claimants. 3379. Party in possession may stay on giving security. 3380. Temporary possession pending proceedings. 3381. Notice of pendency of action to be filed. 3382. Power of court to make necessary orders. 3383. Repealing clause; limitations. 3384. When act takes effect. 3357. Title. This title shall be known as the condemnation law. 3358. [Am'd, 1896.] Definitions. The term "person," when used herein, includes a natural person and also a corporation, joint-stock association, the state and a political division thereof, and any commission, board, board of managers or trustees in charge or having control of any of the charitable or other institutions of the state; the term "real property," any right, interest or easement therein or appurtenances thereto; and the term "owner," all persons having any estate, interest, or easement in the property to be taken, or any lien, charge, or incumbrance thereon. The person instituting the proceedings shall be termed the plaintiff and the person against whom the proceeding is brought, the defendant. L. 1896, cu. 589. In effect May 12, 1896. 3359. Proceedings to be taken as prescribed in this title. Whenever any person is authorized to acquire title to real property, for a public use by condemnation, the proceeding for that purpose shall be taken in the manner prescribed in this title. 1 § 3360. Petition; what to contain. The proceeding shall be instituted by the presentation of a petition by the plaintiff to the supreme court, setting forth the following facts: 1. [Am'd, 1896.] His name, place of residence, and the business in which engaged; if a corporation or joint-stock association, whether foreign or domestic, its principal place of business within the state, the names and places of residence of its principal officers, and of its directors, trustees or board of managers, as the case may be, and the object or purpose of its incorporation or association; if a political division of the state, the names and places of ridence of its principal officers; and if the state, or any commission or board of managers or trustees in charge or having control of any of the charitable or other institutions of the state, the name, place of residence of the officer acting in its or their behalf in the proceedings. 2. A specific description of the property to be condemned, and its location, by metes and bounds, with reasonable certainty. 3. The public use for which the property is required and a concise statement of the facts showing the necessity of its acquisition for such use. 4. The names and places of residence of the owners of the property; if an infant, the name and place of residence of his general guardian, if he has one; if not, the name and place of residence of the person with whom he resides; if a lunatic, idiot, or habitual drunkard, the name and place of residence of his committee or trustee, if he has one; if not, the name and place of residence of the person with whom he resides. If a non-resident, having an agent or attorney residing in the state authorized to contract for the sale of the property, the name and place of residence of such agent or attorney; if the name or place of residence of any owner cannot after diligent inquiry be ascertained, it may be so stated with a specific statement of the extent of the inquiry which has been made. 5. That the plaintiff has been unable to agree with the owner of the property for its purchase, and the reason of such inability. 6. The value of the property to be condemned. 7. A statement that it is the intention of the plaintiff, in good faith, to complete the work or improvement, for which the property is to be condemned; and that all the preliminary steps required by law have been taken to entitle him to institute the proceeding. 8. A demand for relief, that it may be adjudged that the public use requires the condemnation of the real property described, and that the plaintiff is entitled to take and hold such property for the public use specified, upon making compensation therefor, and that commissioners of appraisal be appointed to ascertain the compensation to be made to the owners for the property so taken. L. 1896, ch. 589. In effect May 12, 1896. § 3361. Notice to be annexed to petition; service of. There must be annexed to the petition a notice of the time and place at which it will be presented to a special term of the supreme court, held in the judicial district where the property or some portion of it is situated, and a copy of the petition and notice must be served upon all the owners of the property at least eight days prior to its presentation. |