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AMENDMENTS TO CODE OF PROCEDURE.

1874.

LAWS OF NEW YORK, 1874. CHAP. 322

AN ACT to amend chapter three hundred and seventy-nine of the laws of eighteen hundred and forty-eight, entitled "An act to simplify and abridge the practice, pleadings and proceedings of the courts of this State," passed April twelfth, eighteen hundred and forty-eight.

PASSED MAY 2, 1874.

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

SECTION 1. Section eleven of chapter three hundred and seventy-nine of the laws of eighteen hundred and forty-eight, entitled An act to simplify and abridge the practice, pleadings and proceedings of the courts of this State, passed April twelfth, eighteen hundred and forty-eight, as the same has been since then amended, is hereby further amended by adding at the end thereof the following:

No appeal shall be hereafter taken to the Court of Appeals from any judgment or order, granting or refusing a new trial, where the amount of the judgment or subject matter in controversy in the action or proceeding does not exceed five hundred dollars, exclusive of the costs therein, unless the general term of the court from whose decision or determination such appeal shall be taken, shall, by an order to be entered in its minutes, state that there is involved some question of law which ought to be reviewed in the Court of Appeals. In actions not founded upon contract, where the judgment appealed from is for the defendant, the amount claimed in the complaint shall be deemed the amount of the subject matter of the controversy. But nothing in this provision contained shall apply to actions or proceedings affecting the title to real estate, or an interest therein.

STATE OF NEW YORK,

Office of the Secretary of State,sx.:

I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law.

DIEDRICH WILLERS, JR.,

Secretary of State.

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New York (state) Lausstatutes, t for fivil procedure

AMENDMENTS

TO THE

CODE OF PROCEDURE.

1875.

LAWS OF NEW YORK, 1875. CHAP. 28.

AN ACT to amend an act entitled "An act to simplify and abridge the practice, pleadings and proceedings of the courts of this State," known as the Code of Procedure.

PASSED February 24, 1875.

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

SECTION 1. Section one hundred and seventy-nine of the act entitled "An act to simplify and abridge the pleadings and proceedings of the courts of this State," known as the Code of Procedure is hereby amended so as to read as follows:

§ 179. The defendant may be arrested as hereinafter prescribed, in the following cases:

1. In an action for the recovery of damages, on a cause of action not arising out of contract, where the defendant is not a resident of the State, or is about to remove therefrom, or where the action is for an injury to person or character, or for injuring or for wrongfully taking, detaining, or converting property.

2. In an action for a fine or penalty, or on a promise to marry, or for money received, or property embezzled or fraudulently misapplied, by a public officer, or by an attorney, solicitor or counselor, or by an officer or agent of a

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corporation or banking association, in the course of his employment as such, or by any factor, agent, broker, or other person in a fiduciary capacity, or for any misconduct or neglect in office or in a professional employment.

3. In an action to recover the possession of personal property unjustly detained, where the property, or any part thereof, has been concealed, removed or disposed of, so that it cannot be found or taken by the sheriff, and with the intent that it should not be so found, or taken, or with the intent to deprive the plaintiff of the benefit thereof.

4. When the defendant has been guilty of a fraud, in contracting the debt or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention, or conversion of which the action is brought, or when the action is brought to recover damages for fraud or deceit.

5. When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors.

6. When the defendant has, without right, obtained, received, converted or disposed of any money, funds, credits or property held or owned by this State, or held or owned officially, or otherwise, for or on behalf of any public or governmental interest, by any municipal or other public corporation, board, officer, custodian, agency or agent of any city, county, town, village or other division, subdivision, department or portion of this State.

But no female shall be arrested in any action, except for a willful injury to person, character or property.

§ 2. Section two hundred and twenty-seven of said act is hereby amended so as to read as follows:

§ 227. In an action arising on contract for the recovery of money only, or in an action for the wrongful conversion of personal property against a corporation created by or under the laws of any other State, government or country, or against a defendant who is not a resident of this State, or against a defendant who has absconded or

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concealed himself, or whenever any person or corporation is about to remove any of his or its property from this State, or has assigned, disposed of or secreted, or is about to assign, dispose of, or secrete any of his or its property, with intent to defraud creditors, as hereinafter mentioned, or in an action against any person, natural or artificial, for without right obtaining, receiving, converting, or disposing of any money, funds, credits, or property, held or owned by this State, or held or owned officially, or otherwise, for or on behalf of any public or governmental interest, by any municipal or other public corporation, board, officer, custodian, agency, or agent, of any city, county, town, village, or other division, subdivision, department or portion of this State, or for aiding or abetting any such payment, conversion, or disposition, the plaintiff, at the time of issuing the summons, or any time afterward, may have the property of such defendant, person or corporation, attached in the manner hereinafter prescribed, as a security for the satisfaction of such judgment as the plaintiff may recover; and for the purposes of this section an action shall be deemed commenced when the summons is issued, provided, however, that personal service of such summons shall be made or publication thereof commenced within thirty days.

§ 3. Section two hundred and twenty-nine of said act is hereby amended so as to read as follows:

$229. The warrant may be issued whenever it shall appear by affidavit that a cause of action exists against such defendant, specifying the amount of the claim and the grounds thereof, and that the defendant is either a foreign corporation, or not a resident of this State, or has departed therefrom with intent to defraud his creditors or to avoid the service of a summons, or keeps himself concealed therein, with a like intent, or that such corporation or person has removed, or is about to remove, any of his or its property from this State, with intent to defraud his or its creditors, or has assigned, disposed of, or secreted, or is about to assign, dispose of, or secrete any of his or its prop

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erty with the like intent, whether such defendant be a resident of this State or not, or that the defendant has without right obtained, received, converted, or disposed of any money, funds, credits or property, held or owned by this State, or held or owned, officially or otherwise, for or on behalf of any public or governmental interest by any municipal or other public corporation, board, officer, custodian, agency or agent, of any city, county, town, village or other division, subdivision, department or portion of this State, or aided or abetted any such payment, conversion, or disposition. It shall be the duty of the plaintiff procuring such warrant, within ten days after the issuing thereof, to cause the affidavits on which the same was granted, to be filed in the office of the clerk of the county in which the action is to be tried.

§ 4. This act shall take effect immediately.

STATE OF NEW YORK,

Office of the Secretary of State,

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I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law.

DIEDRICH WILLERS, JR.,

Secretary of State.

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