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224. L. 1876, Ch. 444. Sections 2-4 amended "to read as follows" and thus repealed by implication as appears in the schedule. Section 1 establishes a state board of audit which was abolished by L. 1883, Ch. 205, § 12. Section 5 is when to take effect. Entire act superseded by L. 1883, Ch. 205.

224a. L. 1877, Ch. 11. Consolidated in Code Civ. Pro. § 356. See note 1.

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225. L. 1877, Ch. 154. Section 1 amended "to read as follows by L. 1882, Ch. 124, § 1. Section 2 states when act takes effect.

226. L. 1877, Ch. 187. In terms L. 1881, Ch. 537, repeals L. 1877, Ch. 157, but gives the title of Ch. 187 and date of passage of same. Chapter 157 relates to town of Little Falls. 227. L. 1877, Ch. 257. Provides that the minutes of the common council of the city of Buffalo shall be received as prima facie evidence of such proceedings. Superseded by Code Civ. Pro. § 941.

228. L. 1877, Ch. 417. 229. L. 1878, Ch. 166. been noted in schedule.

230. L. 1878, Ch. 408. graph 42, in effect adding Obsolete.

231. L. 1879, Ch. 151. 232. L. 1879, Ch. 211.

General repealing act.
Repealing statute and the repeal has

Amends L. 1877, Ch. 417, § 1, para-
another repeal to said paragraph.
Covered by Code Civ. Pro. § 2484.
Superseded by Code Civ. Pro. § 941

as amended by L. 1894, Ch. 203.

233. L. 1879, Ch. 305. Affects L. 1846, Ch. 276, § 1, which was repealed by L. 1880, Ch. 245, § 1. Covered by Code Civ. Pro. § 3027.

234. L. 1879, Ch. 311.

L. 1877, Ch. 285, affected by this act repealed by L. 1880, Ch. 245, § 1, ¶ 53. Covered by Code Civ. Pro. 2485.

235. L. 1879, Ch. 316. Amends L. 1853, Ch. 238, which was repealed by L. 1880, Ch. 245, § 1, ¶ 30. Covered by Code Civ. Pro. §§ 1866, 1867, and repealed by implication. See Horton v. Cantwell, 108 N. Y. 255, and Anderson v. Anderson, 112 N. Y. 104.

236. L. 1879, Ch. 389. Superseded by Code Civ. Pro. §§ 744, 747, 748, 2530, 2537, 2758, 2761, 2798.

237. L. 1880, Ch. 393. Consolidated in Code Civ. Pro. § 1404a.

238. L. 1880, Ch. 423. Consolidated in Code Civ. Pro. § 236. 239. L. 1880, Ch. 561, § 5. Consolidated in Code Civ. Pro. § Sola.

240. L. 1881, Ch. 25.

its terms.

Became obsolete March 9. 1882, by

241. L. 1881, Ch. 211. Relates to the state board of audit. Superseded by L. 1883, Ch. 205, which established the board of claims and abolished the board of audit.

242. L. 1881, Ch. 654. Covered by Code Civ. Pro. §§ 812, 813.

243. L. 1882, Ch. 340. § 961a.

244. L. 1883, Ch. 195. $ 961b.

245 L. 1883, Ch. 426. section 10 of which repeals thereof.

Consolidated in Code Civ. Pro.

Consolidated in Code Civ. Pro.

Superseded by L. 1901. Ch. 602, acts inconsistent with the balance

246. L. 1884, Ch. 309, § 1. § 2481, subd. 12.

Consolidated in Code Civ. Pro.

247. L. 1884, Ch. 336, §§ 2-5. This statute is a general statute relating to appraisal of canal claims. Section 1 has been recommended for repeal in the Canal Law as having been superseded by § 80 of the Canal Law which treats of appropriations generally by the state for canal purposes. The second section is recommended for repeal as having been superseded by 264 of the Code of Civil Procedure relating to the jurisdiction of the Court of Claims. This jurisdiction extends to private claims, Section 264 of the Code prior to 1908 expressly conappropriations of land." This expression was tained the words omitted when the section was amended in 1908, but the language contained in the 1908 amendment is broad enough to cover private claims for appropriations. Section 3 is consolidated in § 274 of the Code of Civil Procedure. See note § 37a. Section 4 repeals inconsistent legislation. Section 5 is when to take effect.

248. L. 1884, Ch. 376. Consolidated in Code Civ. Pro. § 961c.

249. L. 1884, Ch. 530, § 11. Repealing statute and the repeal has been noted.

250. L. 1885, Ch. 112. Repealing statute.

251. L. 1885, Ch. 135, §§ 2, 3. Section 2 is covered by Code Section 3 is when to take effect. Civ. Pro. § 933.

252. L. 1885. Ch. 267, § 2. Obsolete.
253. L. 1886. Ch. 577, § 6 pt.

The part of § 6 which adds § 24 to L. 1885, Ch. 183, is covered by Code Civ. Pro. § 791, subd. 1, as amended by L. 1898, Ch. 136, and L. 1906, Ch. 51. 254. L. 1887, Ch. 36. Obsolete, except § 4, which is covered by Code Civ. Pro. § 933.

255. L. 1888, Ch. 118, §§ 1 pt. 2.

Pro. § 933.

256. L. 1888, Ch. 555.

§ 961d.

Covered by Code Civ.

Consolidated in Code Civ. Pro.

Section 2 was

"amended

257. L. 1889, Ch. 406, §§ 2. 3. to read as follows" by L. 1890, Ch. 173, § 2, and as so amended superseded by Code Civ. Pro. § 2713. Section 3 is when act takes effect.

258. L. 1890, Ch. 158.

§ 961e.

260. L. 1891, Ch. 379.

§§ 266, 280.

Consolidated in Code Civ. Pro.

Superseded by Code Civ. Pro.

261. L. 1892. Ch. 677, § 19 pt. in Code Civ. Pro. § 931b.

262. L. 1893, Ch. 100.

as to read as follows."

Last sentence consolidated

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Amends L. 1847, Ch. 80. § 1, L. 1847, Ch. 80 was repealed by L. 1893, Ch. 686. The amendatory act was not expressly repealed but is superseded by Code Civ. Pro. § 2719, as amended by L. 1893, Ch. 686.

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264. L. 1894, Ch. 731.

§ 2705.

Consolidated in Code Civ. Pro.

Consolidated in Code Civ. Pro.

Section 2 consolidated in Code Section 3 was amended "so as to read as

265. L. 1895. Ch. 544, §§ 2-4. Civ. Pro. § 3306a. follows."

Section 4 is when act takes effect.

266. L. 1896, Ch. 548.

General repealing statute.

267. L. 1897, Ch. 403, § 1 pt. Consolidated in Code Civ. Pro. § 941a.

268. L. 1897, Ch. 622. Consolidated in Code Civ. Pro. § 961f.

269. L. 1899, Ch. 150. Sections 1-3 consolidated in Code Civ. Pro. 3331a. Section 4 is a repealing section.

270. L. 1900, Ch. 223.

§ 2408a.

271. L. 1900, Ch. 510.

§ 2481, subd. 12.

Consolidated in Code Civ. Pro.

Consolidated in Code Civ. Pro.

272. L. 1908, Ch. 185, §§ 2, 3. Consolidated in Code Civ. Pro. § 2509, subd. 7.

273. Code Civil Procedure §§ 27 pt., 95 pt., 360 pt. Section 27, part relating to surrogate has been inserted in § 2507. Section 95, part relating to surrogate has been inserted in § 2512. Section 360, part relating to surrogate has been made § 1323a.

274. Code Civil Procedure § 83 pt. The fourth sentence of Code Civ. Pro. is made § 1323a. The remainder of § 83 is in Judiciary Law, §§ 14, 24, 295-297, 301.

275. Code Civil Procedure, article headings of Ch. 1, Tit. 2. This title formerly embraced three articles, including $§ 46-99. Of these sections the ones remaining in the Code are $$ 52, 53, 55, 60 pt., 65, 83 pt., and 95 pt. It has been thought best to remove the article headings and let the title stand without a division into articles.

962

NOTES TO AMENDMENTS TO CODE OF CIVIL PRO

CEDURE.

Made by L. 1909, Ch. 65.

[Prepared by Board of Statutory Consolidation.]

1. 356. This section is inserted in the Code of Civil Procedure because it relates to the powers of county judges and provisions of a similar nature are now in this title of the Code. Former 356 of the Code is recommended for repeal in the Judiciary Law and County Law.

3. § 801a. This section is consolidated in the Code of Civil Procedure, since it deals entirely with practice and has no place in the Partnership Law. L. 1880, Ch. 561, §§ 1-4, were incorporated in and repealed by the Partnership Law enacted in 1897. When L. 1880, Ch. 561, was incorporated in the Partnership Law It the section consolidated in the text was left unrepealed in the session laws probably because it contained practice matter. is now placed in the Code of Civil Procedure with a proper reference to §§ 20 and 21 of the Partnership Law where the remainder of the statute is to be found.

4. § 841a. The provision inserted in the text is matter relating to practice which is now found in the session laws. The provision relates to evidence and has been placed under that head in the Code of Civil Procedure under the article relating to the It is made a new section at the end competency of witnesses.

of Art. 1, Tit. 1, Ch. 9.

5. 931a. This section consists of the last sentence of Code Civil Procedure, § 432, subd. 2. The portion of § 432, subd. 2, which relates to the method of designating, by a foreign corporation, a person upon whom to serve a summons has been transferred to the General Corporation Law, and the portion of said subdivision here consolidated is an evidence provision and should be with similar provisions in the Code of Civil Procedure. There were provisions relating to the designation by a foreign corporation of a person upon whom to make service, both in the Code of Civil Procedure (§ 432) and in the General Corporation Law (§ 16). These provisions were not entirely harmonious and in. the text by the insertion of the new section in the Code of Civi Procedure, to wit: Section 931a, and by amending § 432 of the Code of Civil Procedure these provisions have been harmonized. The substantive matter in both §§ 432 and 16 relating to the actual designation of a person upon whom to make service has been consolidated in the General Corporation Law (§ 16), while the practice provisions relating to the service of papers upon a foreign corporation have been brought together in the Code of Civil Procedure. The General Corporation Law (§ 16) provides that the person designated must have an office or place of business at the place where such corporation had its principal place of business within the state, while the Code of Civil Procedure (§ 432, subd. 2) provides that the designation "must specify a

963

place within the state as the office or residence of the person designated," and does not require that the place should be the same as the location of the principal place of business of the corporation. The Code of Civil Procedure (§ 432, subd. 2) provides that a person designated may from time to time change the place specified as his office or residence to some other place within the state by a writing executed by him and filed in like manner," while the General Corporation Law (§ 16) provides that if the person designated "removes from the place where the corporation has its principal place of business within the state" and the corporation does not within thirty days after such removal designate another person upon whom process may be served within the state the secretary of state may revoke the authority of the corporation to do business within the state and process may be served upon the secretary of state. The General Corporation Law (§ 16) provides for a case where a person designated dies or removes from the place where the corporation has its principal place of business within the state, while the Code ($432, subd. 3) provides for a case where the designation "is not in force." While § 432 of the Code was amended as late as 1903 by Ch. 311, and § 16 of the General Corporation Law was amended only as late as 1895 by Ch. 672, the provisions of the General Corporation Law have been followed in the consolidation rather than those of the Code as the later expression of the Legislature, since the amendment of the Code in 1903 related to other matters in the section and did not affect the original provisions relating to the designation of the person upon whom service might be made for a foreign corporation. All of the substantive provisions relating to the manner of designating a person upon whom service may be made on behalf of a foreign corporation have been consolidated in § 16 of the General Corporation Law and the whole subject made consistent. While $16 of the General Corporation Law provides for service in case the designated person dies or removes from the place where the corporation has its principal place of business, the language of subd. 3 of § 432 of the Code of Civil Procedure has been preserved as broader in its application, covering any case where the designation "is not in force." The General Corporation Law provides for service in a case where the person designated dies or removes from the place where the corporation had its principal place of business within the state and this provision has been incorporated as subd. 4 of § 432 of the Code of Civil Procedure so that the section may provide for a complete scheme for service upon a foreign corporation.

6. § 931b. It seems incongruons to retain this provision as a part of a section in the General Construction Law relating to what shall constitute a quorum or majority of a public board or body and the provision in the text has been placed therefore with these provisions of the Code of Civil Procedure relating to documentary evidence and presumptive evidence of written instruments.

7. § 941a. This section consists of a part of L. 1891, Ch. 125, $ 5. The remainder of L. 1891, Ch. 125 providing for the publi cation of the Colonial Statutes by the former commissioners of statutory revision has been treated as special and not repealed. It seems that the provision consolidated in $ 941a is sufficiently important to be included in the Code with other similar matter. 8. § 961a. This statute is provided for in Penal Code, § 19,

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