providing for the computation of time " by excluding the
first, and including the last day ; " but this section has since
been repealed by the Statutory Construction Law which pro-
vides that the day to be excluded in making the reckoning ia
the day of the specified event from which the days, weeks or
months are to be counted. (1892 ch. 677 § 27.) It has,
however, been authoritatively determined that the Statutory
Construction Law has not materially changed the rule prev-
iously laid down in section 788 ; and it follows, that while
the return day must be excluded in reckoning the eight days,,
the day on which the citation was served may be included.
{People V. Burgess, 153 JST. Y. 561, 573; Biggs v. City of
Geneva, 100 App. Div. 25, 90 Supp. 858.)

In Matter of Porter (1 Misc. 489, 22 Supp. 1063, 54 St.
Hep. 302) it was held, by a surrogate of Westchester county,
that personal service of a citation made within this state
upon a non-resident is void ; and that service upon such a
party must be made by publication, or by personal service
without the state, at least thirty days before the return
day. {See also Merrltt's Will, 5 Dem. 544.) This decision
is obviously erroneous ; and it is not surprising that in Mat-
ter of Washburn (12 Misc. 242, 34 Supp. 44, 67 St. Kep.
895) it was held, by the succeeding surrogate of the same
county, that jurisdiction of the Surrogate's Court is com-
pletely established over any person, regardless of his place of
residence, where personal service is made upon him in the
state and within the time required by section 2520.
Section 8i. — Service of Citation : By whom made.
