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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.
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.
hear a cause, 1850, ch. 15.
in equity, 1851, ch. 163.
entific and missionary societies, and orphan asylums,
1861, ch. 58.
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
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.
[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 :
GENERAL DEFINITIONS AND DIVISIONS.
SECTION 1. Division of remedies.
2. Definition of an action.
§ 1. [1.] Remedies.
§ 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.
§ 4. [4.] Division of actions.
$ 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.