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Certificate of sale of, by sheriff, on execution, 1857, ch. 60.

Partition of, 1852, ch. 277; 1863, ch. 238.

Mayor's Court of, abolished, 1849, ch. 303.
Justices of the peace in, 1849, ch. 22.

Ships and Vessels,

Collection of damages against, 1869, ch. 79; 1860, ch. 208,

469. Special proceedings,

Appeals in, 1854, ch. 270. Supreme Court,

Justices of, vested with powers of the late Vice-Chancellors,

1849, ch. 30.
Terms of, in Albany, 1849, ch. 82.
Terms of, in third district, 1849, ch. 111,
Governor to appoint justices to hold terms of, 1850, ch. 1.
Provision for cases of justices incapacitated by interest to

hear a cause, 1850, ch. 15.
Assignments to receiver by order of the late Supreme Court

in equity, 1851, ch. 163.
In first district, 1852, ch. 374.
Jurisdiction of disputed wills, 1853, ch. 238.
May order sale of real estate of benevolent, charitable, sci-

entific and missionary societies, and orphan asylums,

1861, ch. 58.
Presiding justice of, 1848, ch. 170.


Mayor's Court of, 1848, ch. 86; 1849, ch, 164.

The Code does not affect proceedings upon mandamus, prohibition, appeals from surrogates' courts, nor the following statutory provisions (Code, ss. 471, 472):

Ch. V., Pt. 2, of the Revised Statutes. Tit. 1. Art. 1. Of attachments against absconding, concealed and

non-resident debtors.

2. Of attachments against debtors confined for crime. 3. Of voluntary assignments made pursuant to the

application of an insolvent and his creditors. 4. Of proceedings by creditors to compel assignments

by debtors imprisoned on execution in civil


5. Of voluntary assignments by an insolvent for the

purpose of exonerating his person from impris

onment. 6. Of voluntary assignments by a debtor imprisoned

on execution in civil causes. (Laws 1857, ch

427.) 7. General provisions applicable to proceedings under

the several preceding articles. 8. Of the powers, duties and obligations of trustees

as assignees under this title. 9. Provisions respecting assignees under former in

solvent laws. 10. Provisions of the “act to abolish imprisonment for

debt, and to punish fraudulent debtors,” passed April 26th, 1831, other than those which relate

to justices' courts. (6 How., 348.) Tit. 2. Of the custody and disposition of the estates of idiots, lu

natics, persons of unsound mind, and drunkards.

Ch. V., Pt. 3, of the Revised Statutes. Tit. 6. Of trespass on land. 8. Proceedings to discover the death of persons upon whose

lives any particular estate may depend.

Ch. VIII., Pt. 3, of the Revised Statutes. Tır. 1. Of the bringing and maintaining suits by poor persons.

(14 How., 16.) 3. Of suits by and against executors and administrators, and

against heirs, devisees and legatees. (10 How., 217;

Laws 1859, ch. 110, 261.) 4. Of proceedings by and against corporations and public

bodies having certain corporate powers, and by and

against officers representing them [and joint-stock

companies). (11 How., 186, 29; 10 id., 1, 487.) B. Of suits against sheriffs, surrogates and other officers, on

their official bonds. 6. Of actions for penalties and forfeitures, and provisions for

the collection and remission of forfeited recognizances and fines imposed by courts. (6 Abb., 384; 8 How.,

431.) 7. Of proceedings for the admeasurement of dower. 8. Of proceedings for the collection of demands against ships

and vessels (and mechanic's liens). (Laws 1859, ch. 79.) 19. Of proceedings for the recovery of rent and of demised

premises. 10. Of summary proceedings to recover the possession of land

in certain cases. (1 Selden, 383; Laws of 1857, ch.

684.) 11. Of distraining cattle and other chattels doing damage, and

of distraining in other cases. 13. Of proceedings as for contempts, to enforce civil remedies

and to protect the rights of parties in civil actions. (The People v. Compton, 1 Duer, 512; Re Smethurst, 3

Code Rep., 55; 2 Sand., 724.) 14. Of arbitrations. 15. Of the foreclosure of mortgages by advertisement. (Laws

of 1857, ch. 308.) 16. Of proceedings for draining of swamps, marshes and other

low lands. 17. General miscellaneous provisions concerning suits and

proceedings in civil cases. 18. Proceedings to change the names of parties.

Ch. IX. of Pt. 3 of the Revised Statutes. Tit. 1. Of the writs of habeas corpus and certiorari in certain


Section 23 of Art. 2 of Title 5 of Ch. 6, Pt. III., of the Revised Statutes, exempting certain property from execution, nor Laws of 1842, ch. 157, extending such exemption.

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[The figures within brackets, placed after the number of the section, show the number of the corresponding section in the Code of 1848.]


To amend the act entitled An act to simplify and abridge the prac

tice, pleadings, and proceedings of the courts of t} 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 follows :


SECTION 1. Division of remedies.

2. Definition of an action.
8. Definition of a special proceeding.
4. Division of actions into civil and criminal.
5. Definition of a criminal action.
6. Definition of a civil action.
7. Civil and criminal remedies not merged in each other.
8. Subjects embraced in this act.

§ 1. [1.] Remedies.
Remedies in the courts of justice are divided into,

1. Actions.
2. Special proceedings.

§ 2. [2.] (Am’d 1849.) Action.

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. [3.] Special proceeding.
Every other remedy is a special proceeding,

§ 4. [4.] Division of actions.
Actions are of two kinds :

1. Civil.
2. Criminal.

$ 5. [5.] (Am’d 1849.) Criminal action.

A criminal action is prosecuted by the people of the State, as a party, against a person charged with a public offence, for the punishment thereof.

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