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AN ACT

TO AMEND THE CODE OF PROCEDURE,

PASSED JULY 10, 1851.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows :—

SECTION 1. The following sections and subdivisions of sections of the Code of Procedure are hereby amended, so that the same shall respectively read as follows, namely: [Here follow Sections 11, 13, 14, 16, 24, 30, 31, 53 (subd. 3, 9), 56, 57, 60, 61, 62, 64 (subd. 11), 68, 74, 99, 100, 101, 111, 113, 114, 116, 122, 126, 130, 131, 132, 134, 135, 136, 138, 139, 142 (subd. 2), 149, 152, 153, 156, 157, 158, 162, 172, 173, 174, 179 (subd. 3), 188, 193, 231, 244, 246 (subd. 2, 3,), 252, 255, 258, 259, 263, 264, 265, 268, 269, 272, 273, 278, 281 (subd. 2), 282, 284, 287, 291, 292, 297, 298, 302, 306, 307 (subd. 6), 317, 339, 348, 349, 353, 354, 366, 371, 384, 385, 397, 399, 459,460, 470. These sections will be found in their appropriate places in the copy of the code which follows this act, and are therein distinguished by the word "amended" being prefixed to each.]

2. Section 13 of the code as amended by this act, shall

take effect on the first day of January next; and the Secretary of State, in publishing the laws of the present session, shall publish the code of procedure entire, as amended by this act, as an appendix in the volume of the said session laws, printing the sections in this act in italics.

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[NOTE. The code as amended applies to future proceedings in actions or suits pending on the 31st of July, 1851, as follows:

1. If there have been no pleading therein; to the pleadings and all subsequent proceedings.

2. When there is an issue of law or of fact, or any other question of fact, to be tried; to the trial and all subsequent proceedings.

3. After a judgment or order to the proceedings to enforce, vacate, modify or reverse it, including the costs of an appeal. Code, s. 459.]

THE

CODE OF PROCEDURE

AS AMENDED BY THE PRECEDING ACT,

WILL READ AS FOLLOWS.

[The figures within brackets, placed after the number of the section, is the number of the corresponding section in the code of 1848, but the number thus placed is not intended to indicate that the language of the sections is identical.]

AN ACT

To amend the act entitled "An act to simplify and abridge the practice, pleadings, and proceedings of the courts of this State," passed April 12, 1848.

Passed April 11, 1849.

The act entitled "An act to simplify and abridge the practice, pleadings, and proceedings of the courts of this State," passed April 12, 1848, is hereby amended so as to read as follows:

AN ACT

To simplify and abridge the practice, pleadings, and proceedings of the courts of this State.

WHEREAS, it is expedient, that the present forms of actions

and pleadings in cases at common law should be abol

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