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Code of Proc., § 316, amended;

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The first two sentences consist of portions of Code of Proc., § 311. The remainder of the section is new; except the final clause which covers Code of Proc., § 309, thír sentence.

§ 3263.

Code of Proc., part of § 311. §§ 3264, 3265.

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§ 3297.

L. 1869, ch. 569, § 4, extended to other actions besides partition; and Code of Proc., § 309, as amended by L. 1876, ch. 431, § 11. § 3298.

Sub. 1-2 R. S., 637, part of § 28
(3 R. S., 5th ed., 915; 2
Edm., 658); L. 1847, ch.
339 (4 Edm., 698).
"2-L. 1840, ch. 238, § 2 (3
Edm., 302).

§ 3299.

2 R. S., 643, §§ 34 and 35 (3 R. S., 5th ed., 922; 2 Edm., 662); changing surveyor's fees from two and one-half dollars, and commissioners' fees from two dollars to five dollars, and assistants' fees from one dollar to two dollars. § 3300.

See 2 R. S., 622, § 2 (2 Edin., 646); portions of which are hereby made applicable to the clerk of the court of appeals. See L. 1847, ch. 277, § 7. $3301.

Based upon Code of Proc., § 312, which relates only to the following items, viz.: a fee upon a trial; a fee upon entering judgment, either one dollar or fifty cents, according as the clerk is salaried or not; a fee for entering a judgment by filing transcript, which is six cents; and a fee for a copy of a paper, at the rate of five cents for every hundred words.

§ 3302.

New in form.

§ 3303.

L. 1844, ch. 127, § 1 (3 R. S., 5th

§ 3304.

Based upon 2 R. S., 638, § 30 (3R. S., 5th ed., 917; 2 Edm., 659); L. 1864, ch. 53, § 4 (6 Edm., 231); and 2 R. S., 545, § 3 (3 R. S., 5th ed., 859; 2 Edm., 565), as amended in 1857; and L. 1873, ch. 489, § 4 (9 Edm., 622). The third, fourth, seventeenth, and twenty-ninth (final) paragraphs are new. The first paragraph, relating to searches, has been reconstructed, and L. 1840.ch. 342, § 13 (3 R. S., 5th ed., 917; 4 Edm., 667), has been omitted. See Curtis v. McNair, 68 N. Y., 198. In the eleventh paragraph, the words, "or an assignment," have been added. In the nineteenth paragraph, the fee for filing has been changed from three to six cents. In the twentieth paragraph, "twelve and one-half" has been changed to "twenty-five." In the twenty-fourth and twenty-fifth paragraphs, "three" and "six" have been changed to "twentyfive," and postage has been provided for.

§ 3305.

Intended to exclude L. 1853, ch. 142, §§ 1 and 2; Code of Proc., part of § 256; L. 1874, ch. 304; L. 1868, ch. 720; L. 1871, ch. 374, etc.

§ 3306.

New in form. See the caption of § 30 of the R. S., referred to in the note to § 3304, ante.

§ 3307.

Sub. 1-The first sentence is from

L. 1871, ch. 415 (9 Edm., 87), § 1, sub. 1, as amended by L. 1872, ch. 26; made generally applicable

omitting the exception (see 2 R. S., 644, first and second clauses of § 38). The second sentence is new.

Sub. 2-See § 1, sub. 1, of the act of 1871; and the twenty-seventh and twentyeighth clauses of § 38 of the R.S. The last sentence is based upon Code of Proc., § 243, last sentence. The provisions for expenses, etc., in replevin, and for a description of real property attached, are new. Appraisers' fees are changed from one dollar to two dollars. 3-From the sixth clause of S 38 of the R. S.

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4-From the eighteenth clause of $38 of the R. S.; amended by limiting the calendar fees, in all cases, to one dollar and fifty cents, and by adding the provisions for the sheriff's protection. 5-From the nineteenth, twentieth and twenty-first clauses of §38 of the R. S., and the second, third, and fourth sentences of sub. 7, of § 1 of the act of 1871. The fees have been made uniform throughout the State. 6-From L. 1850, ch. 225, §1

(3 R. S., 5th ed., 926; 4 Edm., 698); sub. 4, of § 1 of the act of 1871; and the final clause of § 38 of the R. S.; amended so as to allow postage, and make the mileage uniform through

Sub. 7-The first half of the first

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sentence is from the first

sentence of § 1, sub. 4, of the act of 1871, made general. The remainder of the sub. is new. 8-From the tenth clause of § 38 of the R. S., amended so as to include sales under warrants.

9-The first sentence is from the fourteenth clause of § 38 of the R. S. The second is sub. 5, of § 1 of the act of 1871, made general. The remainder of the sub. is from the eleventh and thirteenth clauses of § 38 of the R. S., and the last two sentences of sub. 4, of §1, of the act of 1871; adding the clause relating to prepayment of printers fees.

"10 § 38 of the R. S., eighth clause; and L. 1860, ch.

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6, part of §1 (4 Edm., 635). 11-The first half consists of L. 1847, ch. 280, last half of § 77 (3 R. S., 5th ed., 291; 4 Edm., 578). The last half is from Code of Proc., § 309, as amended by L. 1876, ch. 431. "12-§ 1, sub. 2 and 3, and first sentence of sub. 7, of the act of 1871; made general.

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"twenty-five cents" to "one dollar." The last sentence is the twenty-fifth clause of that section, and sub. 8, of § 1 of the act of 1871. Sub. 15-§ 1, sub. 9, of the act of 1871, made general. See the twenty-sixth clause of § 38 of the R. S. "16-The twenty-second, twenty-third, and twenty-fourth clauses of § 38 of the R. S., made applicable to all writs of habeas corpus, and adding travel fees to the jail. "17-The thirty-second clause of § 38 of the R. S.; adding the exception.

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" 18-Id., the thirtieth clause. 19-Id., the thirty-first clause; making the fees payable from the treasury, instead of a contingent charge. the thirty-fourth clause, added in 1830. "21-§ 1, sub. 11, of the act of 1871, made general as to courts and counties.

" 20-Id.,

§ 3308.

See

the thirty-fifth clause of § 38 of the R. S., added in

1830.

Intended to exclude L. 1869, ch. 569, § 2; L. 1873, ch. 166, § 2; L. 1874, ch. 192; and L. 1876, ch. 439, § 2, from the last section. § 3309.

The twelfth clause of § 38 of the R. S., and the first half of the final sentence of § 1, sub. 4, of the act of 1871; adding the exception.

2 R. S., 647, § 39 (3 R. S., 5th ed., 927: 2 Edm., 666); changing

"week" to "day," in sub. 8 See, also, L. 1873, ch. 833.

§ 3311.

Code of Proc., part of § 256; L 1864, ch. 46, part of § 2; L. 1865, ch. 170, part of § 7; amended by L. 1867, ch. 796, § 2; L. 1866, ch. 422, part of § 2 (6 Edm., 734); L. 1867, ch. 271, part of § 2; L. 1868,. ch. 765, part of § 5; L. 1869, ch. 626, part of § 1 (7 Edm., 462); L. 1871, ch. 700, part of § 2, as amended by L. 1872, ch. 139, § 1; and L. 1874, ch. 57, part of § 2; consolidated and amended by including surrogates' courts. There are no fees fixed, for copies of the notes of stenographers in surrogates' courts, except in the county of Kings; this section fixes them at the same rates, as in the county court.

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Id., part of same section, as modified by L. 1866, ch. 307 (6 Edm., 716). The words "except New York," conform to L. 1874, ch. 460. § 3315.

L. 1875, ch. 335 amended by giving the court the power to fix the amount of the allowance.

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