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PUBLICATION ACT.

LAWS OF 1880, CHAP. 522.

AN ACT

SUPPLEMENTAL ΤΟ CHAPTER ONE HUNDRED AND SEVENTY-EIGHT OF THE LAWS OF EIGHTEEN HUN

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DRED AND EIGHTY, ENTITLED AN ACT SUPPLE MENTAL TO THE CODE OF CIVIL PROCEDURE.

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PASSED MAY 31, 1880; three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Chapter one hundred and seventy-eight of the laws of eighteen hundred and eighty, entitled "An act supplemental to the Code of Civil Procedure," shall not be printed or published for the use of the State, or of any State department or State officer, or otherwise in any manner, at the expense of the State, except in the volumes containing the laws of this session of the legislature, to be printed and published as prescribed by law; nor shall it be printed or published in any newspaper, at the expense of the State, or of any county, but the same and the sections amended by said act, and also any other acts which may se passed at this session, amending the same, shall be printed and pub lished in a separate volume of the session laws, which shall contain no other laws. The said supplemental act shall be separately indexed at the end of the said volume, but the other act or acts in the said volume shall not be indexed.

2. This act shall take effect immediately.

VERIFICATION OF PLEADINGS.*

LAWS OF 1881, CHAP. 414.

AN ACT

PERMITTING THE VERIFICATION OF PLEADINGS IN THE JUSTICE'S COURT.

PASSED MAY 28, 1881

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

SECTION 1. In any action brought in any of the justices' courts of this State arising on contract for the recovery of money only, or on an account, the plaintiff or his agent, at or before the time of the issuing of the summons, may make a written complaint stating in a plain, concise manner the facts constituting the cause of action, specifying therein the amount actually due from the defendant to the plaintiff in said action, and praying judgment against the said defendant for the amount so claimed to be due to him, which said complaint shall be subscribed by the plaintiff or his agent, and shall be verified in the manner and as provided by section five hundred and twenty-six of the Code of Civil Procedure. Said summons and complaint shall be attached and shall be served upon the defendant by delivering to and leaving with him, personally, true copies thereof, not less than six nor more than twelve days before the return day thereof, and the official certificate of the constable making such service shall be sufficient evidence thereof.

§ 2. In case the defendant appears and answers in such action, his answer shall be in writing, and shall be verified as above provided for the verification of the complaint, and must contain:

1. A general or specific denial of each material alle.

*Post sections 3126, 3207,

gation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.

2. A statement of any new matter constituting a defense, offset or counter-claim.

§ 3. In case the defendant fails to answer or demur to said complaint, as herein before provided, at the time of the return of said summons, he shall be deemed to have admitted the allegations of the complaint as true, and the court shall, upon filing the summons and complaint, with due proof of the service thereof, enter judg ment for the said plaintiff and against the defendant, for the amount demanded, in such complaint, with costs, without further proof.

§ 4. This act shall take effect the first day of Sep. tember, eighteen hundred and eighty-one.

LAWS OF 1889, CHAP. 472.

AN ACT

TO AMEND CHAPTER FOUR HUNDRED AND FOURTEEN OF THE LAWS OF ONE THOUSAND EIGHT HUNDRED AND EIGHTY-ONE, ENTITLED "AN ACT PERMITTING THE VERIFICATION OF PLEADINGS IN JUSTICES' COURTS."

APPROVED by the Governor June 13, 1889. Passed, threefifths being present. Passed June 13, 1889.

SECTION 1. Section three of chapter four hundred and fourteen of the laws of one thousand eight hundred and eightyone, entitled "An act permitting the verification of pleadings in justices' courts," is hereby amended so as to read as follows: §3. In a case specified in sections one and two of this act, a party may demur to the pleadings of the adverse party, or, if it is a complaint, to one or more distinct and separate causes of action, where it is not sufficiently explicit to be understood; or where it does not state facts sufficient to constitute a cause of action or counterclaim, as the case may be. If the court deems the demurrer well founded, it must permit the pleading to be amended; and if the party fails so to amend, the defective pleading, or part of a pleading, demurred to, must be disregarded. If the court deems the demurrer not well founded, it must permit the party making it, to plead over at his election.

§ 2. Section four of said act is hereby amended so as to read as follows:

§ 4. In case the defendant fails to answer said complaint, as hereinbefore provided, at the time of the return of said summons, he shall be deemed to have admitted the allegations of the complaint as true, and the court shall, upon filing the summons and complaint, with due proof of the service thereof, enter judgment for the said plaintiff and against the defendant, for the amount demanded in such complaint, with costs, without further proof.

§ 3. This act shall take effect immediately.

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CHAP. 677.

AN ACT relating to the construction of statutes con stituting chapter one of the general laws.

APPROVED by the Governor May 18, 1892. Passed, three-fifths being present.

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

CHAPTER I OF THE GENERAL LAWS

THE STATUTORY CONSTRUCTION LAW.

SECTION 1. Short title; extent of application. 2. Property.

3. Real property.

4. Personal property.

5. Person.

6. Judge.

7. Lunacy; idiocy.

8. Gender; number; tense.

9. Heretofore; hereafter; now.

10. Last; preceding; next; following.
11. Folio.

12. Writing; signature.

13. Seal.

14. Oath: affidavit; swear.

15. Acknowledge; acknowledgment.

16. Bond; undertaking.

17. Choose; elect; appoint.

18. Board composed of one person.

19. Meeting; quorum; powers of majority.

20. Service of notice upon board or body,

21. County clerk; register.

22. Village.

23. State.

24. Public holiday; half-holiday.

SECTION 25. Year.

26. Month.

27. Day; mode of computing days; night-time.

28. Standard time.

29. Civil and criminal codes.

30. Laws of England and of the colony of New York.

31. Limiting the effect of repealing statutes.

32. Effect of repeal and re-enactment.

33. Effect of revision upon laws passed at same ses. sion or before revision takes effect.

34. Alterations of titles and head notes.

35. Laws repealed.

36. Time of taking effect.

SECTION 1. Short title; extent of application.-This chapter shall be known as the statutory construction law, and is applicable to every statute unless its general object, or the context of the language construed, or other provisions of law indicate that a different meaning or application was intended from that required to be given by this chapter.

§ 2. Property.-The term property includes real and personal property.

3. Real property.--The term real property includes real estate, lands, tenements and hereditaments, corporeal and incorporeal.

4. Personal property.-The term personal property includes chattels, money, things in action, and all written instruments themselves, as distinguished from the rights or interests to which they relate, by which any right, interest, lien or incumbrance in, to or upon property, or any debt or financial obligation is created, acknowledged, evidenced, transferred, discharged or defeated, wholly or in part, and everything, except real property, which may be the subject of ownership. The term chattels includes goods and chattels.

5. Person. The term person includes a corporation and a joint stock association. When used to designate a party whose property may be the subject of any offense, the term person also includes the state, or any other state, government or country which may lawfully own property in the state

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