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 distri buted 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. 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. 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, 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 effectual, 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 assistant 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 appeal before the end of the next term after which such judgment was entered. The foregoing prohibition shall not extend to actions discontinued before a justice of the peace and prosecuted in another court, pursuant to sections sixty and sixty-eight of this code; but no appeal to the court of appeals shall be had or heard hereafter from any order or judgment in any proceed ing under chapter three hundred and thirty-eight of the laws of eighteen hundred and fifty-eight. 4. An appeal from any order to the court of appeals affecting a substantial right, arising upon any interlocutory proceeding, or upon any question of practice in the action, including an order to strike out an answer, or any part of an answer, or any pleading in an action, may be heard as a motion, and noticed for hearing for any regular motion day of the court. 12. The court of appeals may reverse, affirm, or modify the judgment or order appealed from, in whole or in part, and as to any or all of the parties; and its judgment shall be remitted to the court below, to be enforced according to law. 13. There shall be four terms of the court of appeals in each year, to be held at the capitol, in the city of Albany, on the first Tuesday of January, the fourth Tuesday of March, the third Tuesday of June, and the last Tuesday of September, and continued for as long a period as the public interests may require. But the judges of said court may, in their discretion, appoint one of said terms in each year to be held in the city of New York. Additional terms shall be appointed and held at the same place by the court when the public |