867 Entered according to act of Congress in the year one thousand eight hundred and sixty-seven In the clerk's office of the district court of the southern district of New York. Rec. May 18, 1903. THE Code of Procedure of this State has been in existence about twenty years having gone into effect on the 1st of July, 1848. Whatever opposition it may have encountered at first, as a new and radical system of practice and pleading, compared with the system which it succeeded, such opposition has long since passed away; and it may now be considered that this system having become permanently settled, will continue to be used in this state for many years to come. Other states have adopted it, in whole or in part, and still others are about adopting it. Under these circumstances, it may be considered proper to have a work which shall give the whole legislative history of the Code, by giving it as it was originally passed in 1848, and the 'several additions and amendments in different years subsequently, to many of its sections; so that on looking at any section, it will appear in full as originally passed, and in full as amended in each year in which it was amended. This feature of the work, together with the very full and copious notes to the sections, are considered sufficient reasons for giving it the title of "Unabridged." The notes of the decisions of the courts under the sections, are given in the form of Question and Answer; and although it may be considered a rudimental style of book-making, and particularly applicable and beneficial to students and young lawyers, yet it is believed to be entirely unobjectionable to older members of the profession, as points may be reached and illustrated by this mode full as well as by any other. After the notes under each section by question and answer are concluded, the editor undertakes to give, what are called, the results of the decisions under the section, by forming them into separate and independent propositions, numbered consecutively and referring to the question under which the decisions may be found. These propositions, most of them, contain not only principles applicable to the Code, but applicable to any system of practice and pleading in any of the states of the United States, or in England. They comprise a very important part of the work, especially in saving labor to the profession. No one can open this book, without aiscovering at once, that it is one of vast labor, and if this labor has been properly arranged, distributed and applied, it must be one of corresponding benefit to the profession-Should it on trial, thus turn out, the mission designed for it will have been considered fulfilled and accomplished. New York, September, 1867. N. HOWARD, Jr. EXPLANATION. The text in this work, consists of the sections of the Code as amended in 1867,* in small pica type, double leaded-the original sections as passed in 1848, and the amendments in full as passed in subsequent years, follow the text in small pica type solid. The notes which follow the sections, are given in the form of Question and Answer, in minion type solid; and the results of the decisions, at the conclusion of the notes, are given in minion type leaded, and numbered consecutively-with a reference to the Questions, (thus, 3 Q., 4 Q., 5 Q., &c.,) under which the decisions may be found. A list of Questions, under each section, precede the notes or decisions; so that on looking over the list of Questions, first, it can be readily ascertained whether there are such among them as present points which it is desirable to examine; and if so a reference can then be made to the decisions under the Question; or if preferred, a reference may first be made to the results of the decisions under such Question. The notes, comprising the decisions of the courts are very copious and full, often giving extracts from the opinions. In addition to the names of the parties, and the book and page where the case may be found, the general or special term, with the month and year, and the name of the judge are given, so that a reference back to the section of the Code which was existing at the time the decision was made, can be readily made. This provision or arrangement is of great inportance, as a much larger number of decisions giving construction to the various sections of the Code, were given during the earlier years of its existence, than in later years; and by a reference back to the section of the Code as it existed at the time the decision was made, all confusion is avoided, as to what section was applicable, at that time. This work is the only one having this important feature in it-giving all the sections of the Code in full, from the time of its passage in 1848, to the last amendments by the legislature in 1867. A fall Index to this work will be given at the close of the last Vol. *The amendments in 1867, to sections 11, 14, 64, 99 and 100, were not received in time to insert them in their places, but they will be found in full at the close of the Vol. All the sections as amended in 1867 after § 100, will be found in their places. |