7. In chapter tenth, titles first, second, fifth and sixth, apply only to Chapter proceedings taken, on or after the first day of May, eighteen hundred tenth. and seventy-seven, in one of the courts specified in subdivision fourth of this section. Titles third and fourth of that chapter apply only to jurors drawn for a term of a court commencing not less than twenty days after the first day of May, eighteen hundred and seventy-seven, subject to that qualification, they apply to jurors selected under the existing laws, and the lists and ballots prepared accordingly, until new jurors are selected, and new lists and ballots are prepared, as prescribed in those titles. The same titles, excluding article third of title third, apply equally to a criminal and civil action or special proceeding, and to a court of criminal and of civil jurisdiction. A jury for the trial of an indictment, or other criminal cause, at a term of a court of record, commencing on or after the twenty-first day of May, eighteen hundred and seventy-seven, must be procured from the trial jurors selected, drawn and noticed, as prescribed in this act, and in those titles, for the term of the court at which it is triable, including the talesmen or additional jurors procured as prescribed therein; and the same must be tried by the jury so formed, but the existing laws, relating to challenges or disqualifications of petit jurors in a criminal cause, or prescribing the cases where talesmen or additional petit jurors must be summoned in a criminal cause, remain unaffected by those titles, and are applicable to the proceedings taken as therein prescribed, and to the trial jurors therein specified. Those titles do not affect any provision of the existing laws, relating to grand jurors or grand juries; except that where such a provision refers to the listsof petit jurors; the ballots containing their names, the box or boxes in which those ballots are deposited or contained, the selecting, drawing, summoning, or empanelling of petit jurors, the imposition of a fine upon a petit juror, or the enforcement, reduction, or remission thereof, it is deemed to refer to the same subject, as provided for in those titles, in like manner as it refers to the existing laws relating thereto. Title third does not affect any special provision of law remaining in force after the first day of May, eighteen hundred and seventy-seven, whereby trial jurors are directed to be procured, for a particular court of record, from a particular locality, or whereby a county is divided into two or more jury districts, and the selecting, drawing, summoning, or attendance of jurors from the particular locality, or the different jury districts is regulated; but each of those provisions becomes applicable to and affects the selecting, drawing, notifying, or attendance of jurors, as prescribed in that title, in like manner as it now applies to and affects the existing laws, upon the same subject. So much of the provisions of title fourth, as relates to the remission or enforcement of a fine imposed upon a trial juror, applies to a fine imposed upon a grand juror, as prescribed in the existing laws. 8. In chapter eleventh, articles first and second of title first, and the Chapter whole of title third, apply only to proceedings in one of the courts eleventh. specified in subdivision fourth of this section, taken on or after the first day of May, eighteen hundred and seventy-seven, but where an action has been commenced in either of those courts, before that date, a judgment by default must be taken therein, as prescribed by the existing laws. 9. Chapter twelfth does not apply to an appeal from a surrogate's Chapter court; and does not affect the existing laws, touching the review of twelfth. proceedings in a criminal cause. [19] 289 Chapter Qualifica- Not to im- 10. Chapter thirteenth applies only to an execution issued on or after the first day of May, eighteen hundred and seventy-seven, out of a court of record, other than an execution issued out of such a court, and directed, pursuant to law, to a constable or marshal; and to sales and other proceedings, by virtue of an execution directed to a sheriff, and delivered to him, after that date. Sections one thousand four hundred and thirteen and one thousand four hundred and fourteen, and sections one thousand four hundred and seventeen to one thousand four hundred and twenty-seven, both inclusive, apply only to a case where such an execution is issued out of one of the courts specified in subdivision fourth of this section; or where a warrant of attachment has been granted in an action brought in one of those courts. Title third of that chapter applies only to an execution issued upon a judgment rendered in one of those courts. § 6. The application of that act, as prescribed in the last preceding section of this act, is subject to the following qualifications: 1. That act does not render ineffectual or otherwise impair any proceedings in an action or special proceeding to which it applies, taken, pursuant to the existing laws, before the first day of May, eighteen hundred and seventy-seven; and where any provision contained in it would render ineffectual, or otherwise impair, such a proceeding, the subsequent proceedings must be taken as prescribed in the existing laws, as far as it is necessary, for the purpose of avoiding such a result. 2. With respect to an action or special proceeding, commenced before the first day of May, eighteen hundred and seventy-seven; or with ment of the respect to any provision of the existing laws, remaining unrepealed after it takes effect, whereby the proceedings in an action or special proceeding are specially prescribed, or otherwise regulated; or with respect to the costs, fees, or expenses in an action or special proceeding; it has the same effect as if it was an act amending the Code of Procedure. Operates, cases, as an Code of Procedure. Proceedings at terms of county courts. 3. Each provision of that act, conferring power upon, or authorizing or requiring a proceeding to be taken at a general, special or trial term, which is made, by the terms of this act, applicable to a county court, is to be construed as applying to any term of the county court, held pursuant to an appointment made as prescribed by law. § 7. The application of that act to the marine court of the city of New city of New York is subject to the following qualifications: Marine court of the York. 1. It does not confer upon the marine court, or a justice thereof, power to grant an order of arrest, an injunction order, or a warrant of attachment, in a case where the same cannot be granted under the existing laws; or take away the power of that court, or of a justice thereof, to grant such an order or warrant, in a case where the same can be granted under the existing laws; or otherwise affects the jurisdiction or power of that court, or a justice thereof, under the existing laws, except so far as the latter are inconsistent with, or superseded by, title fourth of chapter third of that act. 2. It does not affect the proceedings in that court in "marine causes,” as regulated by the existing laws. 3. It does not affect any provision of the existing laws, exclusively applicable to the proceedings in that court, prescribing, or authorizing a justice of the court to prescribe, the time within which an act must or may be done, or must or may be required to be done. 4. It does not affect an appeal to or from the general term of that court. 5. It does not confer upon that court power to refer a cause or matter, in a case where that power is not conferred upon it by the existing laws. tion of certain pro § 8. A provision of the existing laws, relating to the proceedings in Construcan action in a court, other than one of those specified in subdivision fourth of section five of this act, or to a special proceeding before any visions of existing judge or other officer, which assimilates the proceeding, by general laws. language, or by reference to another provision of the existing laws, to a proceeding in the Supreme Court, or before a justice thereof, or, generally, to a proceeding in other courts of record, or before a judge thereof, is to be construed, where the corresponding proceeding is prescribed and regulated in the act specified in section one of this act, as referring to the provisions of the latter, prescribing and regulating the same. summons. § 9. Each provision of that act, requiring the publication of a sum- Publicamons, notice, or other paper, in one or more newspapers, or authorizing tion of a or requiring a court, or a judge, to designate one or more newspapers, in which such a publication must be made, is to be construed as not affecting any special provision of the existing laws, prescribing one or more particular newspapers, in which such publication must be made, in a particular locality, or in a particular case. mayor, al etc., of the city of New "Securi ty." § 10. That act does not affect any provision of the existing laws, Actions which is applicable exclusively to an action against the mayor, alder- against men and commonalty of the city of New York, including the recovery, dermen, entry, or collection of a judgment in such an action. § 11. Each provision of that act, requiring the plaintiff in an action York. to give security, for the purpose of obtaining an order of arrest, an injunction order, or a warrant of attachment, or as a condition of obtaining any other relief, or taking any proceeding in the action, or allowing the court, or a judge, to require such security to be given, is to be construed as excluding an action brought by the People of the State, or by a domestic municipal corporation, or by a public officer, in behalf of the People, or of such a corporation. sion of pa pers. § 12. Each provision of that act, requiring a judge, clerk, or other Transmis officer, to transmit a paper to another officer, for the benefit of a particular person, is to be construed as requiring the transmission only upon the request of the person so to be benefited, and upon payment by him of the fees allowed by law therefor, if any, and of the fees allowed by law, for a copy, or certificate, connected therewith; together with the reasonable expenses of the transmission. terms and § 13. That act does not affect the appointment of a term, or the des- Appointignation of one or more judges to hold a term, made, pursuant to the ment of existing laws, until new terms are appointed, or one or more judges desigation are newly designated, as prescribed in that act. § 14. It does not create a vacancy in any office or employment, designated or referred to therein, by the title or description thereof, contained in the existing laws, or by another title or description; nor does it affect the existing laws relating to the amount, or the time or the mode of payment, of the compensation of an officer or employe, so designated or referred to, who is in office or employed when it takes effect; except that where the tenure of his office or employment is not prescribed in that act, he may be removed at pleasure by the court, officer, or officers, authorized by its provisions to appoint a person to discharge the same duties. Until he is removed, or his office or place becomes otherwise vacant, the provisions of that act apply to him, and to the of judges. Officers and em ployes. "Existing laws. Printing and publi "The Code al Justice." spe discharge of his duties. The officers or employes, styled in section ninety-three of that act "attendants," include those styled, in the existing laws, "officers;" those styled in section ninety-five "attendants and messengers," include those styled, in the existing laws, "officers and attendants;" those styled in section two hundred and eighty-eight" special deputy clerks and other assistants," include those styled, in the existing laws, "deputies" and "clerks employed by the clerk," and all the clerks and other employes, in the office of the clerk of the court of common pleas for the city and county of New York, cified in section two of chapter six hundred and sixty-four of the laws of eighteen hundred and sixty-nine, or actually employed, pursuant to the existing laws, to do clerical duty in the office of the clerk of that court, or the clerk of the superior court of the city of New York; those styled in section three hundred and nine "special deputy clerks and assistants in the clerk's office," include those styled, in the existing laws, "deputies," of whom the deputy clerk of the city court of Brooklyn, specified in section two hundred and eighty-four, is one; those styled, in section three hundred and twenty-eight of that act, "assistants," include those styled, in the existing laws, "assistant clerks." This enumeration shall not be construed to exclude, from the provisions of this section, any other officer or employe, performing the duties of an office or employment, which is designated or referred to in that act by a title or description other than that which it bears in the existing laws. § 15. The term "existing laws," as used in this act, designates the statutes of the State remaining unrepealed on the thirtieth day of April, eighteen hundred and seventy-seven. § 16. This act and the Code of Remedial Justice shall not be printed cation of or published for the use of the State, or of any State Department, or this act and State officer, or otherwise in any manner at the expense of the State, of Remedi- except in the volumes containing the laws of this session to be printed and published as prescribed by law; they shall be printed in one volume, which shall contain no other law passed at this session; nor shall they be printed or published in any newspaper at the expense of the State, or of any county. All laws relating to printing, distributing or publishing any of the Statutes of the State at the public expense, shall be deemed inapplicable to those two acts, except as respects the printing, publication, and distribution thereof, in the volumes containing the laws of this session. § 17. This act shall take effect immediately. 292 SUSPENDING ACT. CHAP. 318. AN ACT to suspend the operation of parts of chapters four hundred and forty-eight and four hundred and forty-nine of the laws of eighteen hundred and seventy-six, to continue in force the laws superseded thereby, and to regulate proceedings in civil actions. Passed May 22, 1877. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The operation of all the provisions of chapters four hundred and forty-eight and four hundred and forty-nine of the laws of eighteen hundred and seventy-six, except sections three hundred and three to three hundred and six, both inclusive, and sections one thousand and twenty-seven to one thousand one hundred and eighty, both inclusive, of said chapter four hundred and forty-eight, and so much of subdivisions two and seven, of section five of said chapter four hundred and forty-nine, as applies to said sections, is hereby suspended until the first day of September, eighteen hundred and seventy-seven, when the same shall again go into and remain in full force and effect. § 2. Any summons actually issued in an action on or after the first day of May, eighteen hundred and seventy-seven, and before this act takes effect, shall not be deemed invalidated or affected in any manner by the provisions of this act, and the same may be served upon any of the defendants, and judgment by default for want of appearance or answer may be taken as if this act had not been passed; or if the defendant answers, the proceedings in the action to the service of the first pleading therein shall be the same as if this act had not been passed. §3. No proceeding in an action or a special proceeding, taken as prescribed in chapter four hundred and forty-eight of the laws of eighteen hundred and seventy-six, on or after the first day of May, eighteen hundred and seventy-seven, and before this act takes effect, shall be invalidated or impaired by this act, but the subsequent proceedings, except as otherwise provided in the sections mentioned in |