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THE

CODE OF PROCEDURE

STATE OF NEW YORK,

OF THE

WITH NOTES AND INDEX;

JOHN

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AS AMENDED TO 1866.

66

ALSO

ADDITIONAL NOTES OF THE DECISIONS TO 1867.

NINTH EDITION,

BY

TOWNSHEND,

EDITOR OF THE PRECEDING EDITIONS.

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NEW YORK:

S

BAKER, VOORHIS & CO., PUBLISHERS, sr

(Successors to John S Voorhies,)
NASSAU

3971

LGY

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STREET.

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Entered according to Act of Congress, in the year 1851, by
JOHN'S. VOORHIES,

In the Clerk's office of the District Court of the United States for the Southern
District of New York.

Entered according to Act of Congress, in the year 1852, by

JOHN S. VOORHIES,

In the Clerk's office of the District Court of the United States for the Southern
District of New York.

Entered according to Act of Congress, in the year 1853, by
JOHN S. VOORHIES,

In the Clerk's office of the District Court of the United States for the Southern
District of New York.

Entered according to Act of Congress, in the year 1855, by
JOHN S. VOORHIES,

In the Clerk's office of the District Court of the United States for the Southern
District of New York.

Entered according to Act of Congress, in the year 1857, by

JOHN S. VOORHIES,

In the Clerk's office of the District Court of the United States for the Southern
District of New York.

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In the Clerk's office of the District Court of the United States for the Southern
District of New York.

Entered according to Act of Congress, in the year 1860, by

JOHN S. VOORHIES,

In the Clerk's office of the District Court of the United States for the Southern
District of New York.

Entered according to Act of Congress, in the year 1864, by

JOHN S. VOORHIES,

In the Clerk's effice of the District Court of the United States for the Southern
District of New York.

Entered according to Act of Congress, in the year 1866, by

BAKER, VOORHIS & CO.,

In the Clerk's office of the District Court of the United States for the Southern
District of New York.

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EDITOR'S PREFACE

TO

THE EIGHTH EDITION.

I take occasion on presenting to public notice this the Eighth Edition of my notes to the CODE OF PROCEDURE to express my thanks for the cordial reception vouchsafed to the previous editions, and to state that, I have spared no pains within the limited leisure the kindness of my friends and clients has allowed me, to render the present edition complete, useful and

reliable

NEW YORK HERALD BUILDING,
New York, September, 1864.

JOHN TOWNSHEND.

633523

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EXPLANATORY

NOTE.

It will be observed that some of the sections are twice numbered, as thus138 [116],—while other sections are only once numbered; also that some sections are preceded with the word and figures (am'd 1849), or (am'd 1849— 1851), &c., while others have no such prefix; and, further, that some sections have the words "existing suits" prefixed, and others have not.

The reason for these prefixes or the omission of them, is to give the reader at a glance, the history of each section; as thus:

When a section is only once numbered, as § 227, it indicates that it is one of the sections added in 1849.

When a section is twice numbered, as § 348 [297], it indicates, 1, That the section is one of those which existed in the code of 1848, and, 2, that in that code it was numbered as within the brackets [ ]. When the words "existing suits" are prefixed to a section, they indicate that the section is one of those which the provisions of the supplementary act apply to suits pending on July 1, 1848, When the word and figures (am'd 1849), or as the case may be, are prefixed they signify that the section was amended in the year or years which the figures indicate.

Howard's Practice Reports are cited as "How."; Abbott's Practice Reports as "Abb."; Bosworth's Superior Court Reports as "Bosw." The references to the Revised Statutes, not otherwise marked, are to the first edition.

This Edition of the Code contains references to all the reports issued to June, 1864, and includes 25 New York, 40 Barbour, 7 Bosworth, 2 Hilton, 16 Abbott, 26 Howard.

While this work was passing through the press there was issued volume 26 of New York Reports, volume 40 of Barbour's Reports, volume 17 of Abbott's Practice Reports, and volume 27 of Howard's Practice Reports, and a number of decisions from these volumes have been incorporated in this work.

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