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THE

CIVIL CODE

OF THE

STATE OF NEW YORK.

AN ACT

TO ESTABLISH A CIVIL CODE.

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

GENERAL DEFINITIONS AND DIVISIONS.

SECTION 1. Title of Code.

2. Definition of law.

3. Action of sovereign power.

4. Two kinds of laws.

5, 6. Common law.

7. Two kinds of civil rights.

8. Rights, how modified.

9. Divisions of the Civil Code.

SECTION 1. This act shall be known as the CIVIL Title of CODE OF THE STATE OF NEW YORK.

Code.

of law.

S2. Law is a rule of property and of conduct Definition prescribed by the sovereign power of the state.

sovereign

power.

§ 3. The will of the sovereign power is expressed: Action of 1. By the constitution, which is the organic act of the people;

2. By statutes, which are the acts of the Legislature, or by the ordinances of other and subordinate legislative bodies;

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3. By the judgments of the tribunals enforcing those rules which, though not enacted, form what is known as customary or common law.

S4. The common law is divided into:
1. Public law, or the law of nations;
2. Domestic, or municipal law.

S 5. The evidence of the common law is found in the decisions of the tribunals.

S 6. In this state there is no common law in any case where the law is declared by the five CODES.

§ 7. All original civil rights are either:

1. Rights of person; or,

2. Rights of property.

8. Rights of property and of person may be waived,' surrendered or lost by neglect, in the cases provided by law.

1 Conkling v. King, 10 N. Y., 440.

$9. This CODE has four general divisions :

1. The first relates to Persons;

2. The second to Property;

3. The third to Obligations;

4. The fourth contains General Provisions relating to Persons, Property and Obligations.

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13. Persons of unsound mind.

14. Custody of minors, etc.

15. Powers of minors.

16. Contracts of minors.

17. When minor may disaffirm.

18. Cannot disaffirm contract for necessaries.

19. Nor certain obligations.

20. Contracts of persons without understanding.

21. Contracts of other insane persons.

22. Powers of persons whose incapacity has been adjudged.

23, 24. Wrongs.

25. Minors may enforce their rights.

26. Indians.

$10. A minor is a person under the age of twenty- Definition

one years.

$11. All other persons are adults.

of a minor.

Definition of an adult.

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