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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, 1819. 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:
AN ACT: To Simplify and Abridge the Practice, Pleadings,
and proceedings of the Courts of this state. Whereas, it is expédiént, 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 :
GENERAL DEFINITIONS AND DIVISIONS.
Section 1. Division of remedies.
2. Definition of an action.
Division of remedies.
Definition of an action.
Definition of a special proceeding Division of actions into civil and criminal.
of a crimi
Definition of a civil aetion. Civil and
SECTION 1. Remedies in the courts of justice are divided into,
§ 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.
2. Criminal. Definition $ 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 remedies civil and criminat.seveds; the right
prosecute the one is not merged in the other, :
$ 8. This act is divided into frio parts:
The first relates to the courts of jästice, 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.
not merged in each other.
Subjects embraced in thus 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.
Of the Courts, in General.
al courts of
Section 9. The sereral 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.
this State. 2. The court of appeşte. 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.
$ 10. These courts shall continue to exercise the jurisgenerally. diction now vested in them respectively, except as other
wise prescribed by this act.
Its jurisdic 110n.
of the Court of Appeals. SECTION 11. Its jurisdiction.
12. May reverse, affirm or modify judgment or order appealed
nated by law.
1. In a judgment in an action..commenced therein, or
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 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 NewYork, or in un assistant justices' court of that city, or in a justices' court of any of the cities of this state.
§ 12. The court of appeals may reverse, affirm, or modify the judgment or order appealed from, in whole or in
May reverse or inodily juegu.cat
part, and as to any or all of the parties; and its judgment or order apshall be remitted to the court below, to be enforced ac- from. cording to law.
§ 13. There shall be four terms of the court of appeals, in Terms of cach year, to be held at the capitol in the city af Albany, on the first Tuesday of January, the fourth Tuesday of March, the third Tuesday of June, and the third Tuesday of September, and continued for as long a period as the public interests may require.
Additional terms shall be appointed and held at the same Preference place by the court when the public interest requires it. The court may, by general rules, provide what causes shall have a preference on the calendar.
§ 14. The concurrence of five judges is necessary to pro- Number of nounce a judgment. If five do not concur, the case must be may give
judgment. re-heard. But no more than two re-hearings shall be had, and if, on the second re-hearing, five judges do not concur, the judgment shall be affirmed.
$ 15. If at a term of the court of appeals, proper and Sherits to convenient rooms, both for the consultation of the judges Top mauris and the holding of the court, with furniture, attendants, fuel, lights and stationery, suitable and sufficient for the transaction of its business, be not provided for it, in the place where by law the court may be held, the court may order the sheriff of the county to make such provision, and the expense incurred by him in carrying the order into effect, shall be a county charge.
$ 16. The court of appeals may be held in other buildings Court may than those designated by law as places for holding courts, and ed to place at a differen.t place in the same city from that at which it is licordes appointed to be held. Any one or more of the judges may ad-law. journ the co:r', with the like effect as if all were present.