quest the governor to assign other judges, and, if necessary, appoint extraordinary terms and circuits for the purpose of disposing of such cases. The governor may thereupon make such assignment, and the judges assigned must hold the courts accordingly.

$460. An appeal may be taken from any final decree entered upon the direction of a single judge, in any suit in equity pending in the supreme court, on the first day of July, 1847, at any time before the first day of November, 1852. But this provision shall not apply to cases where a rehearing has already been had or ordered, or to the case of a decree entered before the passage of this act, and to review which no attempt in good faith has been, or shall have been made within thirty days after notice of the entry of such decree. Such appeal shall be taken in the manner provided in sections 327, and 348. In all cases of appeal to the court of appeals, in actions which were originally commenced in the late court of chancery of this state, the court of appeals shall review the cause upon the facts and the law, without any statement or specification of facts found, or any exception taken, at the trial of any or either of them. And it shall be, and is hereby declared to be the duty of the court of appeals, in any and all such cases, to review the whole matter upon the evidence as well as the law.

$461. An issue of fact joined in a county court, or court of common pleas, before the first day of July, 1848, or then pending in that court on appeal, shall be tried by a jury, unless the parties otherwise agree.

§ 462. The words "real property," as used in this

act are co-extensive with lands, tenements and hereditaments.

$463. The words "personal property," as used in this act, include money, goods, chattels, things in action, and evidences of debt.

$464. The word "property," as used in this act, includes property real and personal.

$465. The word "district," as used in this act, signifies judicial district, except when otherwise specified.

§ 466. The word "clerk," as used in this act, signifies the clerk of the court where the action is pending, and in the supreme court, the clerk of the county mentioned in the title of the complaint, or in another county to which the court may have changed the place of trial, unless otherwise specified.

$467. The rule of common law, that statutes in derogation of that law are to be strictly construed, has no application to this act.

$468. All statutory provisions inconsistent with this act, are repealed; but this repeal shall not revive a statute or law which may have been repealed or abolished by the provisions hereby repealed. And all rights of action given or secured by existing laws, may be prosecuted in the manner provided by this act. If a case shall arise in which an action for the enforcement or protection of a right, or the redress or prevention of a wrong, cannot be had under this act, the practice here

tofore in use may be adopted so far as may be necessary to prevent a failure of justice.

$469. The present rules and practice of the courts, in civil actions, inconsistent with this act, are abrogated; but where consistent with this act, they shall continue in force subject to the power of the respective courts to relax, modify, or alter the same.

$470. The judges of the supreme court, of the su perior court of the city of New York, and of the court of common pleas for the city and county of New York, shall meet in general session at the capitol in the city of Albany, on the first Wednesday in August 1852, and every two years thereafter, and at such sessions shall revise their general rules and make such amendments thereto, and such further rules not inconsistent with this code, as may be necesary to carry it into full effect. The rules so made shall govern the supreme court, the superior court of the city of New York, the court of common pleas for the city and county of New York, and the county courts so far as the same may be applicable.

§ 471. Until the legislature shall otherwise provide, the second part of this act shall not affect proceedir.gs upon mandamus, or prohibition; nor appeals from surrogates' courts, except that the costs on such appeal shall be regulated and allowed in the manner provided in section three hundred and eighteen cf this act; nor any special statutory remedy not heretofi re obtained by action; nor any existing statutory provisions relating to actions, not inconsistent with this act, and in substance applicable to the actions hereby provided; nor any

$471 proceedings provided for by chapter five of the second part of the revised statutes, or by the sixth and eighth titles of chapter five of the third part of those statutes, or by chapter eight of the same part, excluding the second and twelfth titles thereof, or by the first title of chapter nine of the same part; except that when in consequence of any such proceeding, a civil action shall be brought, such action shall be conducted in conformity to this act; and except also, that where any particular provision of the titles and chapters enumerated in this section shall be plainly inconsistent with this act, such provision shall be deemed repealed.

In actions or proceedings by mandamus, amendments of any mistakes in the process, pleadings or proceedings therein may be allowed, and shall be made in conformity to the provisions of chapter six, title six [§§ 160-177], of the second part of the code of procedure.

$472. Nothing in this act contained shal! be taken to repeal section 23 of article 2 of title 5 of chapter 6, part third of the revised statutes, or to repeal an act to extend the exemption of household furniture and working tools from distress for rent and sale under execution, passed April 11, 1842.

473. This act shall take effect on the first day of and 25 shall July, 1848; except that sections 22, 23, 24

take effect immediately.

THE END.