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. 1* ed mite. one on; 86 inte of the in in nd de f PART I. OF THE COURTS OF JUSTICE AND THEIR JURIS V. OF THE SUPERIOR COURT and COURT OF COMMON PLEAS IN CITY OF NEW YORK, AND THE MAYORS' AND RECORD Of the Courts in General. 12. The court of common pleas for the city and county of New York. 13. The mayors' courts of the cities of Albany, Hudson, Troy nd Rochester. 14. The recorders' courts of the cities of Buffalo and Utica. 15. The marine court of the city of New York. 16. The assistant justices' courts in the city of New York. 17. The municipal court of the city of Brooklyn. 18. The justices' courts of the cities of Albany, Troy and iudson. 19. The police courts. (Am'd in 1849.) § 9. (As am'd in 1849.) Pra 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. (Being § 10 of 1848.) These courts shall continue to exercise the jurisdiction now vested in them respectively, except as otherwise prescribed by this act. TITLE II. Of the Court of Appeals. SECTION 11. Its juris tion. 12. May reverse, affim or modify judgment or order appealed from. 14. Number of judges who may give judgment. 15. Sheriffs to provide rooms, etc., for court. 16. Court may be adjourned to places other than those designated by law. § 11. (Being § 11 of 1848.) 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, by the superior court of the city of New York or by the court of common pleas for the city and county of New York, 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 judg ment, to review any intermediate order involving the merits and necessarily affecting the judgment. 2. In a final order affecting a substantial right, made in a special proceeding, or upon a summary application in an action, after judgment: But such appeal shall not be allowed in an action originally com menced 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 the municipal court of the city of Brooklyn, or in justice's court of the cities of Albany, Troy and Hudson respect ively. (Am'd in 1849, 1851, 1852, 1857, 1862, 1865, 1866, 1867, 1869, 1870 § 11. (As am'd in 1849.) Same as § 11 of 1848 to sub. 2, and fro thence as follows: 2. In a final order affecting a substantial right, made in a speci proceeding, or upon a summary application in an action aft judgment. But such appeal shall not be allowed in an action originally co menced in a court of a justice of the peace, or in the marine co of the city of New York, or in an assistant justice's court of th city, or the municipal court of the city of Brooklyn, or in a justic court of any of the cities of this State. § 11. (As am'd in 1851.) Same as § 11 of 1848, to sub. 2, and from thence as follows: 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. 13. In a final order, affecting a substantial right, made in a special proceeding, or upon a summary application in an action after judgment. 4. In an order granting a new trial, but such an 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. § 11. (As am'd in 1852.) Same as § 11 as amended in 1851 to sub. 4, and from thence as follows: 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. § 11. (As am'd in 1857.) The court of appeals shall have exclu1 sive 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: 18 Dec 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 judgment. 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, and when such order at grants a new trial; but no appeal to the court of appeals from an order granting a new trial, 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, if the court of appeal shall determine that no error was committed in CO |