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for the enforcement or protection of a right, the re dress or prevention of a wrong, or the punishment of a public offense.

& 3. Every other remedy is a special proceeding.

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$ 5. A criminal action is prosecuted by the people of the state, as a party, against a person charged with a public offense, for the punishment thereof,

6. Every other is a civil action.

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

& 8. 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 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.

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

13. The mayors' courts of cities. 14. The recorders' courts of cities. 15. The inarine court of the city of New York. 16. The justices' courts in the city of New York. 17. The justices' courts of cities. 18. The police courts.

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

TITLE II.

of the Court of Appeals. $11. 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, or discontinues the action, e.nd when such order grants or refuses a new trial

or when such order strikes out an answer, or any part of an answer, or any pleading in an action; but no appeal to the court of appeals from an order granting a new trial, on a case made, or bill of exceptions, 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 on a case made or on exceptions taken, 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 judgment cffectual, may be then and 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, and upon such appeal to review any intermediate order involving the merits and necessarily affecting the order appealed from. 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 assistan' 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 appcal before the end of the next term after which such judgment was entered. The foregoing prohibition shall not extend to actions discontinued before

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

13. The mayors' courts of cities. 14. The recorders' courts of cities. 15. The inarine court of the city of New York. 16. The justices' courts in the city of New York. 17. The justices' courts of cities. 18. The police courts.

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

TITLE JI.

of the Court of Appeals. & 11. 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, or discontinues the action, e.nd when such order grants or refuses a new trial

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