Division of reinedies. Definition of an action. Definition of a special proceeding Division of actions into civil and criminal. Definition of a crimi SECTION 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 nal action. the state, as a party, against a person charged with a public offence, for the punishment thereof. Definition of a civil action. Civil and criminal § 6. Every other is a civil action. § 7. Where the violation of a right admits of both a remedies civil and criminal remedy, the right to prosecute the one is not merged in the other. not merged in each other. Subjects embraced in this act. § 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. PART I. OF THE COURTS OF JUSTICE, AND THEIR JURIS- TITLE I. OF THE COURTS IN GENERAL. II. OF THE COURT OF APPEALS. III. OF THE SUPREME COURT; CIRCUIT COURTS; AND COURTS OF IV. OF THE COUNTY COURTS. V. OF THE SUPERIOR COURT, AND COURT OF COMMON PLEAS VI. OF THE COURTS OF JUSTICES OF THE PEACE. VII. OF JUSTICES' AND OTHER INFERIOR COURTS IN CITIES. TITLE I. Of the Courts, in General. SECTION 9. The several courts of this state. 10. Their jurisdiction generally. 9. The following are the courts of justice of this state: The sever 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. al courts of this State. diction Their juris- § 10. These courts shall continue to exercise the jurisgenerally. diction now vested in them respectively, except as otherwise prescribed by this act. TITLE II. Of the Court of Appeals. SECTION 11. Its jurisdiction. 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 designated by law. Its jurisdie § 11. The court of appeals shall have exclusive jurisdiction tion. May re verse or 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 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 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 an 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 mojudgment dify the judgment or order appealed from, in whole or in modify pealed 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. the court. § 13. There shall be four terms of the court of appeals, in Terms of each 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. of causes. Additional terms shall be appointed and held at the same Preferenes 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. judges who judgment. § 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 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. provide § 15. If at a term of the court of appeals, proper and Sheriffs to convenient rooms, both for the consultation of the judges rooms, &c. 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. be adjourn ed to places other than those desig 16. The court of appeals may be held in other buildings Court may than those designated by law as places for holding courts, and at a different place in the same city from that at which it is appointed to be held. Any one or more of the judges may ad- law. journ the court, with the like effect as if all were present. nated by Existing statutory provisions as to terms TITLE III. Of the Supreme Court, Circuit Courts, and Courts of SECTION 17. Existing statutory provisions, as to terms and business of the 18. terms, &c., abrogated. General terms prescribed. 19. Number of judges to give judgment. 20. Special terms, circuit courts, and courts of oyer and terminer, prescribed. 21. Circuit courts and oyer and terminer held together. 22.. Designation of times and places of holding courts; how made. 23. Extraordinary general and special terms, and oyer and ter. miner; how appointed. 24. Places of holding the courts. 25. Publication of appointment thereof. § 17. All statutes now in force, providing for the desig nation of the times and places of holding the general and and busi- special terms of the supreme court, and the circuit courts ness of the courts re- and courts of oyer and terminer, and of the judges who shall pepealed and order hold the same, are repealed, from and after the first day of supreme court fixing terms, &c. of July, one thousand eight hundred and forty-eight; and abrogated. General the order of the supreme court, adopted July fourteen, one thousand eight hundred and forty-seven, prescribing the times and places of holding the general and special terms of the court, and the circuit courts and courts of oyer and terminer, during the residue of the year one thousand eight hundred and forty-seven and for the years one thousand eight hundred and forty-eight and one thousand eight hundred and forty-nine, and assigning the business and duties thereof to the several judges of the court is, from and after the first day of July, one thousand eight hundred and forty-eight, abrogated; and the provisions of this title are substituted in place thereof. § 18. At least four general terms of the supreme court terms pre- shall be held annually in each judicial district, and as many more as the judges in such district shall appoint, at scribed. |