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$ 463. The words “personal property," as used in this Definition

" act, include money, goods, chattels, things in action, and son proevidences of debt.

§ 464. The word “property,” as used in this act, in- Definition cludes property real and personal.

perly.'' § 465. The word “district,” as used in this act, signi- Definition fies judicial district, except when otherwise specified.

§ 466. The word "clerk," as used in this act, signifies Definition the clerk of the court where the action is pending, and in the supreme court, the clerk of the county mentioned in the title of the complaint, or in another county to which the court may have changed the place of trial, unless otherwise specified.

§ 467. The rule of common law, that statutes in dero-Rule of gation of that law are to be strictly construed, has no ap- statutes, in.

applicable plication to this act.

§ 468. All statutory provisions inconsistent with this Statutory act, are repealed; but this repeal shall not revive a statute reenwich or law which may have been repealed or abolished by the pealed. provisions hereby repealed. And all rights of action given or secured by existing laws, may be prosecuted in the manner provided by this act. If a case shall arise in which an action for the enforcement or protection of a right, or the redress or prevention of a wrong, cannot be had under this act, the practice heretofore in use may be adopted so far as may be necessary to prevent a failure of justice.

$ 469. The present rules and practice of the courts, in Rules and civil actions, inconsistent with this act, are abrogated; but consistent where consistent with this act, they shall continue in act abro

. force subject to the power of the respective courts to relax, modify, or alter the same.

$ 470. The judges of the supreme court shall meet in gen- Judges of eral session at the capitol in the city of Albany, on the first Wednesday in August, 1852, and every two years thereafter, and at such sessions shall revise their general rules and make

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such amendments thereto as experience has shown to be necessary to carry into effect the provisions of the Code of Procedure, and make such further rules as they deem proper, not inconsistent with the provisions of this act.

The rules SO made shall govern the superior court of the city of New York, the court of common pleas for the city and county of NewYork, and the county courts so far as the same may be appli

cable. This act not $ 471. Until the legislature shall otherwise provide, certain pro- this act shall not affect proceedings upon mandamus, or ceedings wory prou prohibition ; nor appeals from surrogates' courts; nor any

special statutory remedy not heretofore obtained by action; nor any existing statutory provisions relating to actions, not inconsistent with this act, and in substance applicable to the actions hereby provided ; nor any proceedings provided for by chapter five of the second part of the Revised Statutes, or by the sixth and eighth titles of chapter five of the third part of those statutes, or by chapter eight of the same part, excluding the second and twelfth titles thereof, or by the first title of chapter nine of the same part; except that when in consequence of any such proceeding a civil action shall be brought, such action shall be conducted in conformity to this act; and except also, that where any particular provision of the titles and chapters enumerated in this section shall be plainly inconsistent with this act, such provision shall be deemed

repealed. Certain $ 472. Nothing in this act contained shall be taken to odber sundu. repeal section 23 of article 2 of title 5 of chapter 6, part pealed. 3d of the Revised Statutes, or to repeal an act to extend

the exemption of household furniture and working tools from distress for rent and sale under execution, passed April 11, 1812.

§ 473. This act shall take effect on the first day of July, when 10 take effcct. 1818; except that sections 22, 23, 24 and 25 shall take

effect immediately.

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AN ACT

To amend an act entitled “An act to facilitate

the determination of existing suits in the Courts of this State.”

Passed April 11, 1819. The People of the State of New-York, represented in Senate and Assembly, do enact as follows :

The act entitled "An act to facilitate the determination of existing suits in the courts of this State,” passed April 12, 1848, is hereby amended so as to read as follows:

§ 1. The act to simplify and abridge the practice, pleadings and proceedings of the courts of this State, passed April 12, 1818, and amended at the present session of the Legislature, is herein designated as the “Code of Procedure."

TITLE I.
Provisions relating to the Courts in general.
CHAPTER I. Sections of the Code of Procedure referred to and applied to

existing suits.
II. Other provisions relating to existing suits.

CHAPTER I. Sections of the Code of Procedure referred to and applied to

eristing suits. $ 2. The provisions of the Code of Procedure, contained in the following sections thereof, are hereby applied, so far as the same are applicable, to future proceedings in civil suits, whether at law or in equity, pending on the first day of July, 1818, as follows:

1. Sections seventy-two, one hundred and twenty-one, one hundred and sixty-nine to one hundred and seventysix, both inclusive, three hundred and fifteen and three hundred and eighty-eight, to proceedings in actions in the supreme court, in the county courts, in the superior court of the city of New York, in the court of common pleas

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for the city of New York, in the mayors' courts of the cities of Albany, Hudson, Troy and Rochester, and in the recorders' courts in the cities of Buffalo and Utica.

2. Sections two hundred and ninety-two to three hundred and two, both inclusive, to executions on a judgment or decree in any of those courts, hereafter issued, against any person to the sheriff of the county where he resides or if he reside out of the State, to the sheriff of the county where the record of judgment is filed or the decree enrolled; the word “judgment” in these sections being taken to include a decree.

3. Sections three hundred and twenty-three to three hundred and thirty-one, both inclusive, three hundred and thirty-three to three hundred and forty-seven, both inclusive, and three hundred and fifty-one to three hundred and seventy-one, both inclusive, to the review of judgments, decrees, and final orders, from which no writ of error or appeal shall have been already taken, the word “judgment” being taken to include a decree, and “judgment roll” to include the record of judgment and enrolment of decree.

4. Sections three hundred and ninety to three hundred and ninety-nine, both inclusive, four hundred and six to four hundred and fifteen, both inclusive, four hundred and seventeen and four hundred and eighteen, to proceedings in actions in all the courts of civil jurisdiction in the State.

5. Section four hundred and two, to non-enumerated motions in the courts mentioned in the first sub-division of this section.

CHAPTER II.

Other provisions relating to eristing suits. § 3. Any suit in equity now pending in the supreme court, or which may be there pending before the first day

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of July next, or any issue therein, whether of fact or of Reference law, or both, may be referred upon the written consent of flesumony. the parties concerned; and upon the like consent, a refer

! ence may be ordered to take testimony, or to report facts, or to execute any order or decree.

§ 4. Where the parties do not consent, as in the last Reference section mentioned, the court may, upon the application of rected ing either, or of its own motion, direct a reference in such suit, in the following cases:

1. Where the determination of an issue of fact shall require the examination of a long account on either side; in which case the reference may be to hear and decide the whole issue, or to report upon any specific question of fact. involved therein, or

2. Where the taking of an account shall be necessary for the information of the court, before decree, or for carrying an order or decree into effect; or

3. Where a question of fact, other than upon the pleadings, shall arise, upon motion or otherwise, in any stage of the suit.

85. The report of the referee or referees upon the whole Report of cause, or upon the whole of any issue therein, shall stand stand as do as the decision of the court, in the same manner as if the cause or issue had been determined by the court at a special term, and may be reviewed in like manner.

$ 6. The referee or referees shall be appointed in the Referees, manner provided in section two hundred and seventy-pointed three, of the code of procedure, and shall have the powers specified in section four hundred and twenty-one, and the compensation specified in section three hundred and thirteen, of that code.

8 7. No re-hearing shall take place at a general term of Re-hearing the supreme court, of an order or decree made at a special term, unless the same involve the merits of the suit or proceeding or some part thereof. And further proceedings upon the order or decree shall not be stayed, Securitz.com

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