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OFFICIAL TENURE AND DUTIES OF A JUSTICE OF THE PEACE

AND THE PROCEEDINGS IN CIVIL CASES BEFORE HIM,

IN FORCE ON THE FIRST OF SEPTEMBER, 1880:

WITH

EXPLANATORY NOTES

AND AN

APPENDIX OF FORMS,

BY

MONTGOMERY H. THROOP,
LATELY ONE OF THE COMMISSIONERS TO REVISE THE STATUTES.

ALBANY:
JOHN D. PARSONS, JR., LAW BOOK PUBLISHER.

1880.

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Entered, according to Act of Congress, in the year eighteen hundred and eighty,

BY JOHN D. PARSONS, JR.,
In the office of the Librarian of Congress, at Washington.

WEED, PARSONS & COMPANY, PRINTERS AND ELECTROTYPERS,

ALBANY, N. Y.

PREFACE.

The Code of Civil Procedure was prepared and reported to the legislature, by the commissioners to revise the statutes, and enacted, in two instalments. The first, consisting of chapters first to thirteenth, (sections 1 to 1495,) was reported at the legislative session of 1876, and on the 3d day of June, 1876, was enacted into a law, which took effect on the 1st of September, 1877. It has been amended at each subsequent session of the legislature.

The second instalment was reported by the commissioners in 1877, in which - rear it passed both houses of the legislature, but failed to become a law, in -, consequence of the governor withholding his signature. It again passed both

houses, with some amendments, at the session of 1878, and again at the ression of 1879, and in each year was defeated by the governor's veto. At the session of 1880, it passed both houses for the fourth time; and, another governor then being in office, it became a law on the 6th of May, 1880, to take effect on the 1st of September, 1880. It consists of chapters fourteenth to twenty-second, (sections 1496 to 3356,) which were added by the act of · 1880, to the portion then in operation; and one section ($ 3355) declares that, “ for the purpose of determining the effect of the different provisions of this act”, (that is the 22 chapters,)“with respect to each other, they are deemed to have been enacted simultaneously”.

One chapter of this portion of the new Code, chapter 19, establishes a new system of procedure in civil causes before justices of the peace; and by another act, L. 1880, ch. 215, the text of which will be found at the end of Part III of this work, the former statutes, regulating that subject, with a mass of others, superseded by the new Code, were repealed.

The plan of this work is that which the editor, after much study of the subject, deemed the best adapted to enable justices of the peace, and practi: tioners before them, (1) easily to become familiar with the new system ; (2)

to overcome the difficulties, which will at first inevitably attend its practical application to legal proceedings; and (3) to ascertain readily, and without the

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