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TABLE OF CONTENTS.
Page.
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PRELIMINARY PROVISIONS,
SECTION 1. This act to be known as the code of civil pro-
2.
cedure, of the State of New-York,
Division of the code, into four parts,
3. Rule of construction of this code,
4. Code, not retroactive, unless where expressly
declared,
5. Judicial remedies, defined,
6. Division of judicial remedies, into actions and
special proceedings,
7. Definition of an action,
8. Definition of a special proceeding,
9. Division of actions, into civil and criminal,
10. Civil artions arise out of obligations or inju
ries,
11
11. Definition of an obligation,
12. Definition of an injury,
13. Definition of an injury to property,
14. Definition of an injury to the person,
15. Out of what criminal action arises,
16. Definition of a civil action,
17. Definition of a criminal action,
18. Civil and criminal remedies not merged in each
other,
12
122
PART I.
OF THE COURTS OF JUSTICE,
TITLE I. Of their organization and jurisdiction,
14
IV. Of the ministerial officers of the courts of jus-
tice,
V. Of persons specially invested with ministerial
powers, relating to the courts of justice,
TITLE I.
Of the organization and jurisdiction of the courts of justice,
CHAPTER I. The courts of justice, in general,
II. The court for the trial of impeachments,
III. The court of appeals,
IV. The supreme court, including the circuits,
V. The superior court of the city of New-York,
VI. The court of common pleas of the city of New
142
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XIII. The marine court of the city of New-York,
81
VIII. The county courts,
IX. The surrogates' courts,
X. The courts of sessions,
XI. The city courts,
XII. The justices' courts,
CHAPTER I.
The courts of justice in general,
15
SECTION 19. The several courts of this state,
20.
They are courts of record, except that some of
them are courts not of record for certain pur-
poses,
21
30. May reverse affirm or modify, judgment, or or-
der appealed from,
31. The judges,
32. The chief judge,
33. Number of judges necessary for the transaction
of business, .
34. Concurrence of five judges necessary to pro-
nounce judgment. If five do not concur, case
222
38. Publication of order, appointing places of hold-
ing the court,
CHAPTER IV.
The supreme court, including the circuits,
SECTION 39. Rules of common law and statutes now in force,
conferring or defining jurisdiction of this court,
abrogated and appealed,
40. Jurisdiction of this court, original and appellate,
41. Its original jurisdiction,
27
28
42. Its appellate jurisdiction,
29
43. Jurisdiction transferred to it, under the constitu-
tion,
30
44. Jurisdiction transferred to it, of actions in the
late mayor's court of the city of Rochester, -
45, Division of the state into eight judicial districts,
and number of judges for each,
31
SECTION 46. Court distributed into general and special terms,
50.
General term, to be held by at least three judg-
es, and special term or circuit, by one or
more of them,
333
51. General and special terms and circuits, may be
held by judges elected in any district,
52. Presiding judge at a general term,
53. If presiding judge do not attend, judge to pre-
side, how designated,
34
54. Number of judges at general term, necessary
to pronounce judgment,
55. Duration of general terms and circuits,
56. Jndge holding circuit, to hold a special term.
its duration or adjournment,
57. Court always open before each judge, for certain
purposes.
58. Transaction of business by judges out of court.
Duty of judges in first judicial district, in this
respect,
59. Times and places of holding general and special
terms and circuits, to continue as at present
until December 31, 1850,
60. Number of general and special terms and cir-
cuits in each year,
37
61. Times and places of holding them, and judges
by whom held, how appointed,
62. Extraordinary general and special terms and
circuits how appointed,
38
63. Place of holding general and special terms and
circuits,
64. In case of inability of judge to hold them, de-
signation of another judge for that purpose,
65. Publication of appointment of time and place
of hoding general and special terms and
circuits.
39
CHAPTER V.
The superior court of the city of New-York,
SECTION 66. The court continued,
67. Its jurisdiction of actions and proceedings, where
cause thereof arose, or subject is situated in
the city of New-York,
68. Its jurisdiction of other civil actions,
69. Its jurisdiction of suits heretofore transferred to
it,
70. Transfer hereafter of suits in supreme court, in
what cases, and how made,
41
42
43
72. Number of judges of the court, and their names
of office,
73. Chief justice, how designated,
78. General terms to be held by at least two judges,
and special terms by one only,
46
83.
Terms how prescribed, to continue till Decem-
ber 31, 1850,
The court of common pleas of the city of New-York,
SECTION 85. The court continued, and name changed,
89. Number of the judges of the court, and their
47
48, 49
49