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AN ACT To amend the act entitled “ An act to Simplify
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 amended so as to read as follows:
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 fo’lows :
GENERAL DEFINITIONS AND DIVISIONS.
SECTION 1. Division of remedies.
2. Definition of an action.
Division of reinodies.
Definition of an action.
Definition of a special proceeding Division of actions into civil and criminal.
Definition of a crimi
Definition of a civil action. Civil and criminal remedies
SECTION 1. Remedies in the courts of justice are divided into,
1. Actions ;
§ 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 prevențion of a wrong, or the punishment of a public offence.
$ 3. Every other remedy is a special proceeding.
$ 5. A criminal action is prosecuted by the people of nal action. the state, as a party, against a person charged with a pub
lic 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 not merged 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.
Subjects" embraced in this act.
OF THE COURTS OF JUSTICE, AND THEIR JURIS
II. · OF THE COURT OF APPEALS.
OYER AND TERMINER.
IN THE CITY OF NEW YORK, AND THE MAYORS' AND
RECORDERS' COURTS IN OTHER CITIES.
al courts of this State.
10. Their jurisdiction generally. $ 9. The following are the courts of justice of this state: The sever1. The court for the trial of impeachments. 2. The court of appeals. The
Amended court. supreme 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.
Their juris § 10. These courts shall continue to exercise the jurisdiction generally. diction now vested in them respectively, except as other
wise prescribed by this act.
The rule is a familiar one that as to courts of general jurisdiction, their jurisdiction is to be presumed, while that of courts of inferior and limited jurisdiction must be shown by the party claiming under them, as their authority will not be presumed from their judgments. Harrington vs. The People, 6 Barb. 607; Noves vs. Butler, id. 613; Doty. agt. Brown, 4 How. 429.
Of the Court of Appeals.
12. May reverse, affirm or modify judgment or order appealed
from. 13. Terms of the court. Preference of causes. 14. Number of judges who may give judgment. 15. Sheriffs to provide rooms, &c., for court. 16. Court may be adjourned to places other than those desig
nated by law.
§ 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 supe1849, 1851, rior court of the city of New York, or 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 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 :
3. 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 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