§ 6. [6.] Civil action.

Every other is a civil action.

§ 7. [7.] Remedies not merged.

Where the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other.

§ 8. [8.] (Am'd 1849.) Division of act.

This act is divided into two parts:

The first relates to the courts of justice, and their jurisdiction; The second relates to civil actions commenced in the courts of this State after the first day of July, 1848, except when otherwise provided therein, and is distributed into fifteen titles. The first four [§§ 69 to 126, both inclusive] relate to actions in all the courts of the State; and the others, to actions in the supreme court, in the county courts, in the superior court of the city of New York, in the court of common pleas for the city and county of New York, in the mayors' courts of cities, and in the recorders' courts of cities, and to appeals to the court of appeals, to the supreme court, to the county courts, and to the superior court of the city of New York.

PART I.

OF THE COURTS OF JUSTICE AND THEIR JURIS

DICTION.

TITLE I. OF THE COURTS IN GENERAL.

II.

III.

IV.

V.

OF THE COURT OF APPEALS.

OF THE SUPREME COURTS, CIRCUIT COURTS, AND COURTS OF OYER AND

TERMINER.

OF THE COUNTY COURTS.

OF THE SUPERIOR COURT AND COURT OF COMMON PLEAS IN THE CITY
OF NEW YORK, AND THE MAYORS' AND RECORDERS' COURTS IN

§ 9. [9.] (Am'd 1849,) The several courts.

The following are the courts of justice of this State:

bly present 1. The court for trial of impeachments. Senate & Cot of Appeals.

2. The court of appeals.

+ Elected

4 from Supreme3. The supreme courts. 33 jager- & districtijager-Sublot d.

4. The circuit courts.

5. The courts of oyer and terminer.

crin

6. The county courts.

7. The courts of sessions. Can J + 2x4 1.
8. The courts of special sessions. Justice of

9. The surrogates' courts.

10. The courts of justices of the peace.

11. The superior court of the city of New York.

Peace

12. The court of common pleas for the city and county of

New York. Corresponds & Co. Cot in other Cos

15. The marine court of the city of New York.

16. The justices' [district] courts in the city of New York. 17. The justices' courts of cities.

18. The police courts.

§ 10. [10.] Their jurisdiction generally.

These courts shall continue to exercise the jurisdiction now vested in them respectively, except as otherwise prescribed by this act.

§ 11. [11.] (Am'd 1849, 1851, 1852, 1857, 1862.) Jurisdiction. The court of appeals shall have exclusive jurisdiction to review upon appeal every actual determination hereafter made at a general term by the supreme court, or by the superior court of the city of New York, or the court of common pleas for the city and county of New York, or the superior court of the city of Buffalo, in the following cases, and no other:

1. In a judgment in an action commenced therein or brought there from another court; and upon the appeal from such judgment, to review any intermediate order involving the merits, and necessarily affecting the judgment.

2. In an order affecting a substantial right, made in such action, when such order in effect determines the action, and prevents a judgment from which an appeal might be taken, and when such order grants or refuses a new trial; but no appeal to the court of appeals from an order granting a new trial shall be effectual for any purpose, unless the notice of appeal contain an assent on the part of the appellant that, if the order be affirmed, judgment absolute shall be rendered against the appellant. Upon every appeal

from an order granting a new trial, if the court of appeals shall determine that no error was committed in granting the new trial, they shall render judgment absolute upon the right of the appellant; and after the proceedings are remitted to the court from which the appeal was taken, an assessment of damages, or other proceedings to render the judgment effectual, may be there had, in cases where such subsequent proceedings are requisite.

3. In a final order affecting a substantial right made in a special proceeding, or upon a summary application, in an action after judgment. But such appeal shall not be allowed in an action originally commenced in a court of a justice of the peace, or in the marine court of the city of New York, or in an assistant justice's court of that city, or in a justice's court of any of the cities of this State, unless any such general term shall, by order duly entered, allow such appeal before the end of the next term after which such judgment was entered. The foregoing prohibition shall not extend to actions discontinued before a justice of the peace, and prosecuted in another court, pursuant to sections sixty and sixty-eight of this code.

§ 12. [12.] Power of the court.

The court of appeals may reverse, affirm, or modify, the judgment or order appealed from, in whole or in part, and as to any or all of the parties; and its judgment shall be remitted to the court below, to be enforced according to law.

§ 13. [13.] (Am'd 1851, 1852, 1858, 1859, 1862, 1863.) Terms. -Preference of causes.

There shall be four terms of the court of appeals in each year, to be held at the capitol in the city of Albany, on the first Tuesday of January, the fourth Tuesday of March, the third Tuesday of June, and the last Tuesday of September, and continued for as long a period as the public interests may require. But the judges of said court may in their discretion appoint one of said terms in each year to be held in the city of New York. Additional terms shall be appointed and held at the same place by the court when the public interest requires it. The court may, by general rules, provide what causes shall have a preference on the calendar. On