........ Page. 119 Section 425. Time for publication of notices, how computed,. 426. Laws of other states and other governments, how proved, 119 TITLE XIII. ACTIONS IN PARTICULAR CASES, CHAPTER I. Actions against foreign corporations, II. Actions in place of scire facias, quo warranto, and of in- 119 .. 119 120 III. Actions for the partition of real property,.... 124 124 ACTIONS IN PLACE OF SCIRE FACIAS, QUO WARRANTO, AND OF INFORMA TIONS IN THE NATURE OF QUO WARRANTO,. Section 428. Scire facias, and quo warranto abolished and this chapter substituted, 120 120 431. Leave, how obtained,.. 429. Action may be brought by attorney-general to vacate a 430. Action to annul a corporation, when and how brought by 432. Action upon information or complaint, of course, ... 120 120 121 121 433. Action, when and how brought to vacate letters patent,. 121 434. Relator, when to be joined as plaintiff, 122 435. Complaint and arrest of defendant, in action for usurping an office,. 122 436. Judgment in such action, 122 437. Assumption of office, &c., by relator, when judgment is ... 122 438. Proceedings against defendant, on refusal to deliver books or papers,. 122 439. Damages, how recovered,. 122 440. One action against several persons claiming office or fran chise, 123 441. Penalty for usurping office or franchise, how awarded,.. 123 123 123 444. Restraining corporation and appointment of receiver, ... 123 445. Copy of judgment roll against corporation, where to be filed,... 123 446. Entry of judgment relating to letters patent in records 124 447. Actions for forfeiture of property to the people, 124 CHAPTER III. Page. ACTION FOR THE PARTITION OF REAL PROPERTY, 124 Section 448. Provisions of Revised Statutes, applicable to actions for partition, 124 CHAPTER IV. ACTIONS TO DETERMINE CONFLICTING CLAIMS TO REAL PROPERTY, AND ... 124 124 450. Action of waste abolished. Waste how remediable, 124 451. Provisions of Revised Statutes applicable to actions for waste under this act, 124 452. When judgment of forfeiture and eviction to be given, 125 453. Writ of nuisance abolished, .... 454. Remedy for injuries heretofore remediable by writ of nuisance CHAPTER V. 125 .. 125 GENERAL PROVISIONS RELATING TO ACTIONS CONCERNING REAL PRO PERTY, 125 Section 455. Provisions of Revised Statutes applicable thereto, .. 125 TITLE XIV. ..... ... 125 125 PROVISIONS RELATING TO EXISTING SUITS, 457. Writ of error in all cases abolished. Appeal substituted, 125 July 1, 1848,.. . 459. Proceeding by re-hearing abrogated, 126 126 .. 126 461. Issues of fact in county court or common pleas before 467. Rule of strict construction of statutes inapplicable to this 127 127 127 127 127 127 .. 127 466. Definition of "clerk,' 468. Statutory provisions inconsistent with this act repealed,. 127 128 provisions, 128 .... 472. Certain parts of revised and other statutes not repealed, 129 473. This act, when to take effect, 129 GENERAL STATUTES OF THE STATE OF NEW YORK; &C. PART III. ADMINISTRATION OF CIVIL JUSTICE. CHAPTER XI. New York Code of Procedure. CHAP. 438. AN ACT to amend the act entitled "An act to Simplify and Abridge the Practice, Pleadings and Proceedings of the courts of this state," passed April 12, 1848. PASSED April 11, 1849. The People of the State of New York, represented in Senate and Assembly, do enact as follows : The act entitled "An act to simplify and abridge the practice, pleadings and proceedings of the courts of this state," passed April 12, 1848, is hereby amended so as to read as follows: AN ACT to Simplify and Abridge the Practice, Pleadings and Proceedings of the courts of this state. WHEREAS, it is expedient that the present forms of actions and pleadings in cases at common law should be abolished, that the distinction between legal and equitable remedies should no longer continue, and PART III Division of remedies. Definition of an action. Definition of a special proceeding. Divisions of actions iuto civil and criminal. Definition of a crimi that an uniform course of proceeding, in all cases, should be established: Therefore, The People of the State of New York, represented in Senate and Assembly, do enact as follows: GENERAL DEFINITIONS AND DIVISIONS. SEC. 1. Division of remedies. 2. Definition of an action. 3. Definition of a special proceeding. 4. Division of actions into civil and criminal. 5. Definition of a criminal action. 6. Definition of a civil action. 7. Civil and criminal remedies, not merged in each other. 8. Subjects embraced in this act. § 1. Remedies in the courts of justice are divided into, 2. Special proceedings. 19 N. Y., 492; 21 B., 273; 11 B., 341; 9 B., 385; 20 How. P. R., 7; 11 Ab., 329. S2. An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. 14 N. Y., 370; 28 B., 231; 25 B., 336; 21 B., 273; 19 B., 302; 12 B., 387; 11 B., 341; 9 B., 301, 385; 7 Ab., 223; 20 How. P. R., 68. S3. Every other remedy is a special proceeding. 14 N. Y., 370; 15 B., 402; 3 B., 10; 11 Ab., 329; 8 Ab., 23. $ 4. Actions are of two kinds: 1. Civil; 2. Criminal. 11 B., 106. S 5. A criminal action is prosecuted by the people of the ual action. state, as a party, against a person charged with a public offense, for the punishment thereof. Definition of a civil action. Civil and criminal remedies S6. Every other is a civil action. 19 N. Y., 492; 11 B., 341. $7. Where the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not not merged merged in the other. in each other. Subjects embraced in this act. S8. 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 |