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Execution when issuable on a judgment docketed before July 1, 1848

.$ 458 Proceeding by re-hearing abrogated

459 Appeals from final decrees, by a single judge, in

supreme court, in suits in equity pending on July

1, 1847, when to be taken.. Issues of fact in county court or common pleas before July 1, 1848, how tried..

461

460

455 466

TITLE XV.

General provisions. Definition of "real property”.

. § 462 Definition of personal property'

463 Definition of property

464 Definition of " district Definition of "clerk" Rule of strict construction of statutes inapplicable to this act..

467 Statutory provisions inconsistent with this act re

pealed. Rules and practice inconsistent with this act abrogated...

469 Judges of supreme court to make general rules ... 470 This act not to affect certain proceedings and sta

tutory provisions.. Certain parts of revised and other statutes not re

pealed. This act, when to take effect....

473

468

471

472 THE

CODE OF PROCEDURE.

AN ACT to amend the act entitled " An act to Sim

plify and Abridge the Practice, Pleadings, and Proceedings of the Courts of this state,passed April 12, 1848.

Passed April 11, 1849. 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 amend ed 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

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:

§ 1. Remedies in the courts of justice are divided into,

1. Actions;
2. Special proceedings

§ 2. 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.

§ 3. Every other remedy is a special proceeding.

$ 4. Actions are of two kinds :
1. Civil ;
2. Criminal.

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

$ 6. Every other is a civil action.

$ 7. 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. 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,

$ 9. The following are the courts of justice of this state :

1. The court for the 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.

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 marine 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.

$ 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 judg. ment;

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, and when such order grants or refuses a new trial, or when such order strikes out an answer, or any part of an answer,

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