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LAWS OF THE STATE OF NEW YORK.

PASSED AT THE 142D REGULAR SESSION OF THE LEGISLATURE, BEGUN
JANUARY 1, 1919, AND ENDED APRIL 19, 1919, AT THE CITY OF ALBANY, AND
INCLUDING CHAPTERS 646-650, PASSED AT THE EXTRAORDINARY SESSION,
BEGUN AND ENDED JUNE 16, 1919.

VOLUME II.

Chap. 275.

AN ACT to amend the code of civil procedure, in relation to warrants of attachment.

Became a law May 3, 1919, with the approval of the Governor. Passed, threefifths being present.

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

subd. 2

Section 1. Subdivision two of section six hundred and thirty- 636, six of the code of civil procedure is hereby amended to read as amended. follows:

shown

procure

attach

2. That the defendant is either a foreign corporation or not a what to be resident of the state; or, if he is a natural person and a resident pour to of the state, that he has departed therefrom, with intent to de- warrant of fraud his creditors, or to avoid the service of a summons, or keeps ment. himself concealed therein with the like intent; or, if the defendant is a natural person or a domestic corporation, that he or it has removed, or is about to remove, property from the 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 property with the like intent or if the defendant is a domestic corporation that no person can be found within the state after diligent effort, upon whom a summons can be served; or where, for the purpose of procuring credit, or the extension of credit, the defendant has made a false statement in writing, under his own hand or

66

1

1 Words or if the defendant is a domestic corporation that no person can be found within the state after diligent effort, upon whom a summons can be served," new.

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In effect Sept. 1, 1919.

signature, or under the hand or signature of a duly authorized agent, made with his knowledge and acquiescence as to his financial responsibility or standing; or, where the defendant, being an adult and a resident of the state, has been continuously without the state of New York for more than six months next before the granting of the order of publication of the summons against him; and has not made a designation of a person upon whom to serve a summons in his behalf, as prescribed in section four hundred and thirty of this act; or a designation so made no longer remains in force; or service upon the person so designated cannot be made within the state, after diligent effort.

§ 2. This act shall take effect September first, nineteen hundred and nineteen.

§ 1339a added.

In effect Sept. 1, 1919.

Chap. 276.

AN ACT to amend the code of civil procedure, in relation to cancellation of undertakings in appellate division by the court of appeals on appeal to that court from judgment of reversal by appellate division.

Became a law May 3, 1919, with the approval of the Governor. Passed, threefifths being present.

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

Section 1. Title two of chapter twelve of the code of civil pro cedure is hereby amended by adding thereto a new section, to be section thirteen hundred and thirty-nine-a, to read as follows:

1339-a. Cancellation of undertaking on appeal from judg ment of reversal by appellate division. If an appeal be taken to the court of appeals from a judgment of reversal of the appellate division, the court of appeals, on motion, may cancel an undertaking given on appeal to the appellate division and release the surety thereon, if satisfied that, on the appeal to the court of appeals, no part of the judgment, so reversed, can be reinstated.

§ 2. This act shall take effect September first, nineteen hundred and nineteen.

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