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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 to be under former statutes. 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 other wise 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 crim. inal 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.

New in form. See 2 R. S. 483, 484, 22 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, desig

nated 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 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 offi. cers, authorized by this act to appoint a person to an office or employment, may from time to time thus fill a vacancy therein.


3355. Amended, 1882.] When this act deemed to have been passed, etc.-For the purpose of deter mining 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 de termining 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.


3356. 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 chap. ter 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; chap ters fourteenth to twenty-first, both inclusive, on the first day of September, 1880; and this chapter immedi ately. New.

This act shall take effect immediately. But the arnendment made by this act to section eighteen hun. dred and twenty-two shall not apply when letters have been issued to one or more executors or administrators before this act takes effect; nor shall any amendment, made by this act, invalidate or impair the effect of any proceeding heretofore taken.

Chap. 398, 2, Laws of 1882.






Proceedings for e condemnation of real property.

SEC. 3357. Title.

3358. Definitions.

3359. When proceedings prescribed in this title to be taken.

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. Appearances.

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 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. Definitions.- The term person, when used herein, includes a corporation, joiak asstion,

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