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any statute superseded by the title containing them, whether committee has or has not been appointed; section 2537 applies als to every payment or deposit therein specified made on or af the first day of September, 1880; section 2706, except the word upon the hearing before the surrogate " applies to action ther tofore or thereafter commenced pursuant to article second of ti three of chapter fifteen; and sections 2798 to 2801, both inclusiv apply also to a case, where a decree for the sale or other dispos tion of the real property of a decedent, has been duly made, fore that date, in a surrogate's court.

L. 1893, ch. 42.

12. So much of chapters nineteenth and twentieth, as relates the jurisdiction of the several courts therein specified, applies o to an action or special proceeding commenced on or after the day of September, 1880.

13. In chapter twenty-first, titles first, second, and third a only to an action in one of the courts specified in subdivision for of this section.

14. [Added, 1894.] The disqualification of jurors, as prov in section eleven hundred and sixty-six of this act, shall appl all courts.

L. 1894, ch. 725.

§ 3348. Id.; what deemed commencement of action, etc Where a provision of this act is made applicable by the section, to an action or special proceeding commenced on or a day therein specified, if, before that date, a summons it action, or a citation issued from a surrogate's court, has served upon one or more, but not upon all, of the persons t served; or an order for the service of a summons as prescr in article second of title first of chapter fifth of this act been made; or, in a special proceeding, elsewhere than in a st gate's court, the petition or other paper, upon which the first der, process, or other mandate may be made or issued, has been presented, the action or special proceeding is not dez to have been commenced within the meaning of that section. to be under for

§ 3349. Id.; when statutes.

proceedings

Where any provision of this act is made applicable to proceedings in an action or special proceeding, the procee therein, until the provision in question becomes applicable. governed by, and must be conducted according to the law force on the day before the provision takes effect, except as o wise prescribed in subdivision seventh of the last section but

§ 3350. Effect of this act, upon trial jurors and jur in criminal causes.

A jury, for the trial of an indictment or other criminal at a term of a court of record, commencing on or after the t first day of May, 1877, must be procured from the trial! selected, drawn, and notified, as prescribed in this act, for term of the court at which it is triable, including the tai or additional jurors, procured as prescribed therein; and the must be tried by the jury so formed. But the statutes rem unrepealed after the first day of September, 1877, relating t lenges or disqualifications of petit jurors in a criminal ca prescribing the cases where talesmen or additional petit 1

e summoned in a criminal cause, remain unaffected by this d are applicable to the proceedings taken as prescribed in t, and to the trial jurors therein specified.

1. Id.; upon grand jurors and juries.

act does not affect any provision of the statutes, remaining led after the first day of September, 1877, relating to urors or grand juries; except as follows:

fine imposed, after the first day of September, 1877, upon n drawn as a grand juror, and duly summoned to attend a a court of record as a grand juror, as prescribed in those s, must be imposed as prescribed in article fourth of title chapter tenth of this act; and sections 1073 to 1077 of this th inclusive, apply to such a person, as if he had been and notified to attend as a trial juror.

here a provision of those statutes refers to the lists of rors, the ballots containing their names, the box or boxes h those ballots are deposited or contained, the selecting, , summoning, or empanelling of petit jurors, the imposition e upon a petit juror, or the enforcement, reduction, or n thereof, it is deemed to refer to the same subject, as 1 for in this act, in like manner as it refers to those

R. S. 483, 484, §§ 16-21 (2 Edm. 505, 506); 2 R. S. 722, § 13 (2

. Id.; upon proceedings taken, or rights accrued, der former statutes.

g contained in any provision of this act, other than in fourth, renders ineffectual, or otherwise impairs, any proin an action or a special proceeding, had or taken, pursuaw, or any other lawful act done, or right, defence, or n, lawfully accrued or established, before the provision on takes effect; unless the contrary is expressly declared ovision in question. As far as it may be necessary, for ose of avoiding such a result, or carrying into effect such ling or other act, or enforcing or protecting such a right, or limitation, the statutes in force on the day before the takes effect, are deemed to remain in force, notwiththe repeal thereof.

Id.; upon former appointment of terms.

t does not affect the appointment of a term, or the desigone or more judges to hold a term, made pursuant to tes in force on the thirty-first day of August, 1877, until is are appointed, or one or more judges are newly desigprescribed in this act.

Id.; upon officers and offices.

t does not create a vacancy in any office or employment, d or referred to therein, by the title or description contained in the statutes in force on the day before the referring thereto takes effect, or by another title or denor does it affect any provisions of those statutes, relate amount, or the time or the mode of payment, of the tion of an officer or employee, so designated or referred s in office or employed on that day; except that where e of his office or employment is not prescribed in this act,

he may be removed at pleasure by the court, officer, or officers, authorized by this act to appoint a person to discharge the same duties. Until he is removed, or his office or place becomes other wise vacant, the provisions of this act apply to him, and to the dis charge of his duties. The court, officer, or officers, authorized b this act to appoint a person to an office or employment, may froz time to time thus fill a vacancy therein.

§ 3355. [Am'd, 1882.] When this act deemed to have been passed, etc.

For the purpose of determining the effect of the different pro visions of this act with respect to each other, they are deemed have been enacted simultaneously. For the purpose of determin ing the effect of this act upon other acts, and the effect other acts upon this act, chapters fourteen to twenty-two of this act, both inclusive, are deemed to have been enacted on the six day of January, in the year eighteen hundred and eighty; an all acts passed after the last-mentioned date are to have the same effect as if they were passed after this act.

§ 3356. When this act takes effect.

Subject to the qualifications contained in the foregoing sections of this title, this act shall take effect as follows: titles third at fourth, and article first of title fifth of chapter tenth, on the first day of January, in the year eighteen hundred and eighty; an thirteenth, both inclusive, on the first day of September, in th year 1877; chapters fourteenth to twenty-first, both inclusive, the first day of September, 1880; and this chapter immediately This act shall take effect immediately. But the amendme made by this act to section eighteen hundred and twenty-two sh not apply when letters have been issued to one or more executors or administrators before this act takes effect; nor shall amendment, made by this act, invalidate or impair the effect any proceeding heretofore taken.

L. 1882, ch. 398, § 2.

974

CHAPTER XXIII.

Supplemental Provisions.

1.- Proceedings for the Condemnation of Real Property. II.- Proceedings for the Sale of Corporate Real Property.

TITLE I.

roceedings for the condemnation of real property.

17. Title.

8. Definitions.

9. Proceedings to be taken as prescribed in this title.

0. Petition; what to contain.

1. Notice to be annexed to petition; service of.

2. Service of petition and notice.

3. Appearance of infant, idiot, lunatic or habitual drunkard. 4. Appearance.

5. Answer; what to contain.

6. Verification of petition or answer.

7. Trial of issues.

3. Certain provisions applicable.

9. Judgment; costs when to defendant; commissioners.

). Duties and powers of commissioners.

1. Confirmation or setting aside report; deposit when payment.

2. Offer to purchase; costs; additional allowance.

3. Judgment, how enforced; delivery possession of premises; when writ of assistance to issue.

Abandonment and discontinuance of proceeding.

5. Appeal from final orders; stay.

Appeal from judgment by plaintiff.

When general term may direct a new appraisal.
Conflicting claimants.

Party in possession may stay on giving security.
Temporary possession pending proceedings.

Notice of pendency of action to be filed.

Power of court to make necessary orders.

Repealing clause; limitations.

When act takes effect.

. Title.

itle shall be known as the condemnation law.

3. [Am'd, 1896.] Definitions.

66

erm person," when used herein, includes a natural peralso a corporation, joint-stock association, the state and al division thereof, and any commission, board, board of s or trustees in charge or having control of any of the le or other institutions of the state; the term "real propny right, interest or easement therein or appurtenances and the term owner,' all persons having any estate, or easement in the property to be taken, or any lien, or incumbrance thereon. The person instituting the proshall be termed the plaintiff; and the person against e proceeding is brought, the, defendant.

66

ch. 589. In effect May 12, 1896.

· Proceedings to be taken as prescribed in this

ver any person is authorized to acquire title to real propa public use by condemnation, the proceeding for that hall be taken in the manner prescribed in this title.

§ 3360. Petition; what to contain.

The proceeding shall be instituted by the presentation of a petition by the plaintiff to the supreme court, setting forth the following facts:

1. [Am'd, 1896.] His name, place of residence, and the busi ness in which engaged; if a corporation or joint-stock association whether foreign or domestic, its principal place of business within the state, the names and places of residence of its principal officers, and of its directors, trustees or board of managers, as the case may be, and the object or purpose of its incorporation or association; if a political division of the state, the names and places of residence of its principal officers; and if the state, of any commission or board of managers or trustees in charge of having control of any of the charitable or other institutions of the state, the name, place of residence of the officer acting in its or their behalf in the proceedings.

2. A specific description of the property to be condemned, and its location, by metes and bounds, with reasonable certainty.

3. The public use for which the property is required and a cocise statement of the facts showing the necessity of its acquisition for such use.

4. The names and places of residence of the owners of the prop erty; if an infant, the name and place of residence of his general guardian, if he has one; if not, the name and place of residenc of the person with whom he resides; if a lunatic, idiot, or habitua drunkard, the name and place of residence of his committee trustee, if he has one; if not, the name and place of residence of the person with whom he resides. If a non-resident, having agent or attorney residing in the state authorized to contract for the sale of the property, the name and place of residence of suck agent or attorney; if the name or place of residence of any owner cannot after diligent inquiry be ascertained, it may be so state with a specific statement of the extent of the inquiry which has been made.

5. That the plaintiff has been unable to agree with the owner of the property for its purchase, and the reason of such inability. 6. The value of the property to be condemned.

7. A statement that it is the intention of the plaintiff, in goo. faith, to complete the work or improvement, for which the pro erty is to be condemned; and that all the preliminary steps re quired by law have been taken to entitle him to institute th proceeding.

8. A demand for relief, that it may be adjudged that the publi use requires the condemnation of the real property described, a that the plaintiff is entitled to take and hold such property for the public use specified, upon making compensation therefor, and that commissioners of appraisal be appointed to ascertain the cou pensation to be made to the owners for the property so taken. L. 1896, ch. 589. In effect May 12, 1896.

3361. Notice to be annexed to petition; service of. There must be annexed to the petition a notice of the time ar place at which it will be presented to a special term of the 50preme court, held in the judicial district where the property o some portion of it is situated, and a copy of the petition and notice must be served upon all the owners of the property at least eigh days prior to its presentation.

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