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TITLE II.
Of the Court of Appeals,.........
......... 11-25
SECTION 11. Its jurisdiction,...........
..........................
12. May reverse, affirm or modify judgment or order appealed from,
. 13. Terms of the court,...
14. Concurrence of five judges, necessary to a judgment, .........
TITLE III.
Of the Supreme Court, Circuit Courts, and Courts of Oyer and
Terminer, ........................................... 26–37
SECTION 15. Existing statutory provisions, as to terms and business of the
court, repealed; and order of the court fixing the terms, &c.,
abrogated, ........
16. General terms prescribed, ......
17. Concurrence of a majority of judges, necessary to give judg-
ment, ..........
18. Special terms, circuit courts, and courts of oyer and terminer
prescribed,....................
19. The same to be held together,...........
2 Duration of special term,...............
21. Duration of the circuit court,...................
22. Duration of the court of oyer and terminer,....................
23. Times and places of general and special terms, circuit courts,
and courts of oyer and terminer, how designated, and by whom
to be held...............................
24. Extraordinary general terms, circuit courts and courts of oyer
and terminer, how appointed, .............................
25. Places of holding the courts,....
26. Publication of appointment thereof, ............
27. Designation of the judges therefor, .
28. When other judges may hold the courts, .....................
29. Certificate of business at term and circuit, to be transmitted to
governor, .......
30. Duty of the judges, as to business out of court, ..........
31. Rooms, fuel, &c., how to be furnished, .......
.
TITLE IV.
.........
Of the county courts,........
.......... 37–52
SECTION 32. Repeal of existing statutes, defining their jurisdiction.........
33. Their jurisdiction, ..........
34. General terms; and times of transacting business
35. Issues of faci, how to be tried, .......
36. Jury, how summoned, ..............
37. Proceedings on trial by jury, .......
38. Juries in county court dispened with, and in general sessions,
provided for,....
::
:
TITLE V.
Of the Superior Court and Court of Common Pleas, in the city of
New-York, and the Mayors' and Recorders' courts in other
cities, ................................................. 52-55
SECTION 39. Jurisdiction of the courts named in this title,..................
40. Jurisdiction of the New-York superior court, on appeal........
41. General and special terms, of superior court and common pleas,
in New-York,........
42. General and special terms, by whom held, .....................
43. Judgments, where given,.........
44. Concurrence of two judges, necessary to a judgment, at a gene-
ral term, .....
TITLE VI.
Of the Courts of Justices of the Peace,.........
55–61
SECTION 45. Repeal of certain existing provisions, .........................
46, 47, Jurisdiction of these courts, .................................. 57, 58
48–55. Proceedings where title to real property comes in question, 58-61
56. Docketing their judgments, and effect thereof, ..................
57. Provisions of this act, as to forms of action and pleading, appli-
cable to these courts, .........
.................. 61
TITLE VII.
Of Justices' and other Inferior Courts in Cities,............. 62–66
CHAPTER I. The Marine Court of the city of New-York,.............. 63, 64
II. The Assistant Justices' Courts, in the city of New York, ....
III. The Municipal Court of the city of Brooklyn; and the Justi-
ces' Courts of the cities of Albany, Troy, and Hudson,.... 65
IV. General provisions,.........
..... 65,
CHAPTER I.
The Marine Court of the city of New-York, .... ............ 63-64
SECTION 58. Its jurisdiction, ......
63
CHAPTER II.
The Assistant Justices' Courts in the city of New-York,.......
SECTION 59. Their jurisdiction, ......
...................
CHAPTER III.
The Municipal Court of the city of Brooklyn, and the Justices'
Courts of the cities of Albany, Troy and Hudson,............
SECTION 60. Their jurisdiction,........
CHAPTER IV..
General provisions,...
.... 65, 66
SECTION 61. Sections 48-57 applied to these courts, .................. ........
67
PART II.
OF CIVIL ACTIONS, ...
Title I. Of their Form, ..........
67–92
II.. Of the Time of commencing them, ..... ...... 92-122
III. Of the Parties, ..........
123–128
IV. Of the Place of Trial,....
128-130
V. Of the Manner of commencing them,..
131-136
VI. Of the Pleadings, ....
137-160
VII. Of the Provisional Remedies, ...
161–176
VIII. Of the Trial and Judgment, .........
176-196
IX. Of the Execution of the Judgment,...
197–203
X. Of the Costs, .............
.. 204-212
XI. Of Appeals, ......
........... 213-231
XII. Of the Miscellaneous Proceedings, and general pro--
visions, ........................... ........ 232-260
TITLE I.
Of the Form of Civil Actions,. ........... ............ 67–92
SECTION 62. Distinction between actions at law and suits in equity, and forms
of actions and suits, abolished,
63. Parties to an action, how designated, ..........
64. Actions on judgments, abolished, ..... ...
65. Feigned issues abolished, ......
Of the time of commencing Civil Actions, ........
..... 92-122
CHAPTER I. Actions, in general,.......
....... 93–94
II. Actions for the recovery of real property, ..........
III. Actions, other than the recovery of real property,. .......... 95–109
IV. General provisions,......
..... 110-122
95-
The time of commencing actions in general,.......
.......93, 94
SECTION 66. Repeal of existing limitations,........
67. Time for commencing civil actions, ..........
The time of commencing actions for the recovery of real prop-
erty, ........ SECTION 68. Limitation of actions for the recovery of real property,.......
The time of commencing actions, other than for the recovery of
real property, ......
... 95–109
SECTION 69. Periods of limitation, prescribed, ...,
95
70. Within twenty years,.........
..... 95, 96
71. Within six years, ......
99-103
72. Within three years, ..................
103–105
73. Within two years, .................
105
74. Within one year,...............
... 105,106
75. When cause of action accrued, in an action upon a current ac-
count,................
76. Actions for penalties, &c., by any person who will sue, when to
be brought, ...........
77. Actions for relief, not before provided for, ..................... 108
78. Actions by the people, subject to the same limitation, .......... 109
......
106
100
CHAPTER IV.
General provisions as to the time of commencing actions,.... 110–122
Section 79. When action deemed to have been commenced,...............
80. Exception, where defendant is out of the state,................ 112
81. Exception, as to persons under disabilities, .................. 112, 113
82. Provision, where person entitled dies before the limitation ex-
110
pires, ............................................
pires, ..
..........
113
114
83. In suits by aliens, time of war to be deducted,.................
84. Provision, where judgment has been reversed.................
85. Time of stay of action by injunction to be deducted,...........
86. Disability must exist when right of action accrued,.............
87. Where two or more disabilities, limitation does not attach, till
all removed, .........
88. This title not applicable to bills, &c., of corporations, or to
bank notes,..........
89. Nor to actions against directors or stockholders of monied cor-
porations. Limitation, in such cases, prescribed, ..........
90. New promise must be in writing,.....
115
125
Of the Parties to Civil Actions, ........ .......... 123–128
SECTION 91. Action to be in the name of the real party in interest, ..........
92. Assignment of a thing in action not to prejudice a defence,.....
93. Executor or trustee may sue without the persons beneficially in-
terested, ......
94. When married woman is a party, her husband to be joined, ex-
cept, &c.g.........
.....
95. Infant to appear by guardian, ........
126
96. Guardian how appointed,................
97. Who may be joined as plaintiffs, .....
98. Who may be joined as defendants, ...
12
99. Parties united in interest, to be joined, except, &c, ........
.......
127