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6 Erie Cnty. B. Bull. [i] (1939-1940)

handle is hein.baecl/ericoubarb0006 and id is 1 raw text is: Erie County Bar Bulletin
Vol. 6-No. 1       Printed Thru Courtesy of Buffalo Daily Law Journal  October 11, 1939

Recent Legislation
Enacted During 1939
CIVIL PRACTICE ACT
New Article 28A Added. This article
amends the Civil Practice Act, in relation
to actions to determine adverse claims to
specific personal property. It enables one
who has in his possession personal prop-
erty of the value of fifty dollars or more,
the ownership of which is claimed by more
than one person, to start an action to de-
termine the ownership of said property.
The new article provides a method for
bringing additional claimants in as parties
defendant, by the defendant in such action
and also in an action for conversion. Chap.
804. Effective June 8, 1939.
New Section 51A Added. This section
places a one year limit on the time in
which a person might bring an action to
recover a sum of money due under a con-
tract after notice to the claimant that an
action commenced by another person is
pending to recover said sum. If a person
makes a claim for a sum of money and if
an action has been started by another for
said sum, the defendant may apply to the
Court for an order permitting him to give
notice to the claimant, by registered mail
where claimant cannot be served within
the State, that such action is pending. The
Court in either case shall stay the pending
action for a period not to exceed one year.
Chapter 805. Effective June 8, 1939.
Section 236 Amended. Any corporation
or voluntary association must appear by
an attorney at law duly licensed to prac-
tice under the laws of this state. Chapter
694. Effective Sept. 1, 1939.
New Section 1083c Added. This section
provides that the grantee of mortgaged
premises who, subsequent to the convey-
ance, assumes and agrees to pay such debt,
can be held liable for the debt or deficiency.

Prior to the amendment of this section the
grantee was not bound unless he agreed to
pay the debt at the time of conveyance.
Chapter 614. Effective May 31, 1939.
New Section 403a Added. This section
provides that where a subpoena calling for
the attendance of a witness contains an
indorsement binding the witness to appear
at the trial, etc., and at any adjourned
date thereof, the witness shall be bound to
so appear without the necessity of further
service of papers but upon the payment of
an additional witness fee, if said witness
requests said payment. Chapter 631. Ef-
fective Sept. 1, 1939.
New Section 1171b Added. Where a
husband fails to make payments provided
For in a judgment of divorce or separation,
the Court may make an order directing the
entry of judgment for the amount of such
arrears. The application for such order
shall be upon such notice to the husband
as the court may direct. Such judgment
may be enforced as an ordinary money
iud-ment. Chapter 431. Effective Sept. 1,
1939.
CODE OF CRIMINAL PROCEDURE
Sections 658-662A, 870 repealed. New
Sections 658-662D, 870 Added. These
sections deal with the procedure to inquire
into the sanity or mental condition of a de-
fendant before or during the trial. Such
an examination will be made by members
of the staff of State Hospitals rather than
by commissions. Chapter 861. Effective
Sept. 1, 1939.
EDUCATION LAW
Section 868b Amended. This section
was amended so as to include all cities
having a population of over 400,000. It
provides for the presentation of claims
aaminst a Board of Education and also pro-
vides for necessary allegations in a com-
plaint in an action against such boards.
Chapter 648. Effective June 1, 1939.

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