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NEW YORK:
DIOSSY & COMPANY,
LAW BOOK PUBLISHERS.

1870.

616111

katere senting to set of Cans in the year Echten Ein

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THE

CODE OF PROCEDURE.

As Amended to 1870.

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, 1819. 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 10 Simplify and Abridg: the Puccinco, Plead

ings and Prořeedings of the courts of this state. ' WHEREAS, it is expediert that the present forms of actions and pleasings in cases ar, common law should be abolished that the neistinction between legal and equitable remedies should no longer continue, and that an inforza 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. 1. Remedies in the courts of justice are divided into,

1. Actions. 2. Special proceedings. 82. 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 offense.

83. Every other remedy is a special proceeding.

84. Actions are of two kinds:
1. Civil.
2. Criminal.

25. 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.

2 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 neerged in the other: : :

. .. & 8. This act.is-divided into two parts:

The first relates to the couëts of justice, and their jurisdiction :. :..::.:..

The second relates te civil actions commenced in the courts of this state,ftar: the first day of July, 1848, except when otheruuse 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

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PART I.
of the Courts of Justice, and their Jurisdiction.
TITLE I Of the Courts in generat.

II. Of the Court of Appeals.
III, Оf the Supreme Court; Circuit Courts, and

Courts of Oyer and Terminer.
IV. Of the County Courts.
V. Of the Superior Court, and Court of Com-

mon Pleas in the City of New York, and
the Mayors' and Recorder's' Courts in other

cities. VI. of the Courts of Justices of the Peace. VII. Of Justices and other Inferior., Courts in

citjes,

MITTE É' "'

Of th coiris in Gürtra. 29. The following are the courts of"justice in this state:

1. The court fortne trial of'impeachments. 2. The court of appeals. 3. The supreme court. 4. The circuit courts. 5. The courts of oyer and terminer. 6. The county courts. 7 The courts of sessions. 8. The courts of special sessions. 9. The surrogates' courts. 10. The courts of justices of the peace. 11. The superior court of the city of New York.

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