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INTRODUCTION TO THE CODE OF PROCEDURE.

For the convenience of the profession, the Editor precedes the Code with a memorandum of the alterations which have, from time to time, been made in it, and with an analysis, taken from the legislative publication of 1851, adapted to the Code as it existed in 1862.

The Code of Procedure was first enacted in 1848, and was re-enacted and much enlarged in 1849. In the thirteen years which have elapsed since then, many emendations and alterations have been made, and that not by independent enactments, but by declaring that a particular section shall read thus and so, or that certain words shall be added to or stricken from the act. This renders the task of preparing the Code, as it is now the law, one of some perplexity, and it may well be that the Editor has not succeeded in giving it correctly. To enable such errors to be more easily detected, he adds a reference to the amendatory acts and a schedule of the various sections affected by the amendments.

Laws of 1851, Chap. 2, repealed § 49.

Laws of 1851, Chap. 479, amended S$ 11, 13, 14, 16, 24, 30, 31, 53, 56, 57, 60, 61, 62, 64, 68, 74, 99, 100, 101, 111, 113, 114, 116, 122, 126, 130, 131, 132, 134, 135, 136, 138, 139, 142, 149, 152, 153, 156, 157, 158, 162, 172, 173, 174, 179, 188, 193, 231, 244, 246, 252, 255, 258, 259, 263, 264, 265, 268, 269, 272, 273, 278, 281, 282, 284, 287, 291, 292, 297, 298, 302, 306, 307, 317, 339, 348, 349, 353, 354, 366, 371, 384, 385, 397, 399, 459, 460, 470; and directed the Secretary of State to cause the Cod to be published as amended, and it will be found, as thus amended, in the Session Laws of 1851, with an analysis, which is used in this publication.

Laws of 1852, Chap. 392, amended $ 11, 13, 30, 83, 64, 101, 116, 140, 149, 150, 153, 167, 168, 173, 244, 245, 252, 253, 255, 264, 265, 268, 272, 274, 278, 281, 287, 307, 317, 348, 349, 353, 354, 359, 360, 367, 397, 401, 460, 470, 471.

Laws of 1853, Chap. 529, extended 9 28 to the Court of Common Pleas, the Superior Court and the Marine Court in the city of New York.

Laws of 1854. Chap. 270, allowed appeals under the Code, in “Special Proceedings" under the Revised Statutes.

Laws of 1855, Chap. 44, amended , 153.

Laws of 1855, Chap. 202, extended the Code to actions on forfeited recognizances.

Laws of 1857, Chap. 353, amended § 399.

Laws of 1857, Chap. 723, amended $$ 11, 114, 132, 153, 227, 229, 241, 244, 265, 272, 300, 307, 308, 309, 311, 315, 331, 333, 352, 354, 362, 369.

It is section 19 of this act which amended $ 333 of the Code, and section 20 enacted, “The provisions of the last preceding section shall apply to any judgment therein mentioned that has been heretofore rendered and upon which an appeal has been brought and is now pending, or upon which an appeal shall hereafter be brought. When the return has already been filed with the Clerk of the Court of Appeals, such statement shall be filed with him and be deemed a part of such return."

Laws of 1858, Chap. 306, amended $$ 13, 56, 57, 60, 61, 62, 132, 135, 204, 246, 256, 284, 292, 307, 309, 328, 331, 344, 354, 399, 401, 460, 244.

Laws of 1859, Chap. 428 amended § 134, 172, 237, 256, 272, 292, 307, 309, 399, 401, 335, 348, 412, 13.

Laws of 1860, Chap. 131, § 1, amended § 53 of the Code, added as independent enactments sections 2, 3, 4, 5, 6, 7, 8, 10, 11, 12 and 13, which will be found in this compilation immediately following the Code, and by section 9, made 59 214, 215, 216 of the Code applicable to proceedings under that act.

Laws of 1860, Chap. 459 amended $$ 30, 62, 64, 135, 153, 267, 229, 256, 268, 272, 344, 399.

Laws of 1861, Chap. 158 amended § 53 of the Code, but enacted that such amendment should not affect Chap. 131 of the Laws of 160.

Laws of 1862, Chap. 460, amended § 11, 24, 13, 53, 46, 121, 132, 183, 240, 241, 244, 273, 274, 287, 288, 298, 304, 307, 308, 309, 311, 318, 349, 352, 360, 364, 366, 371, 399, 401, 471, 111, 230, 330, 335, 348.

This act contained three sections, 28, 29, 30, which followed § 371 of the Code as amended, and are to be found in this compilation immediately after the Code.

Section 39 of this act repealed 8 37 of Art. 2 of Title 2 of Chap. 1 of the Revised Statutes in relation to the jurisdiction of the Court of Chancery.

Laws of 1862, Chap. 484, extended SS 206 to 217 of the Code to the Marine and District Courts in the city of New York.

The delays which have attended the publication of this work have enabled the Editor to add to it the amendments made to the Code in 1863.

Laws of 1863, Chap. 372, 4, extended the provisions of Chapter two of Title nine of Part two of the Code, to judgments obtained against stockholders of certain corporations.

Laws of 1863, Chap. 392, amended y$ 13, 104, 116, 154, 167, 179, 256, 273, 292, 294, 298, 307, 328, 335, 352, 355, 364, 371, 395, 399, 471. These amendments are not incorporated in the different sections, as are the amendments of the prior years, because this publication professes to be of the laws as they existed in 1862. The act of 1863 is published in full.

ANALYSIS OF CONTENTS OF CODE.

Title of the act and preamble,
GENERAL DEFINITIONS AND DIVISIONS,
Section 1. Division of remedies,

2. Definition of an action,
3. Definition of a special proceeding,
4. Divisions 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,

Page.

1 2 2 2 2 2 2 2 2 2

3 3 4

PART I.
OF THE COURTS OF JUSTICE, AND THEIR JURISDICTION,
TITLE I OF THE COURTS IN GENERAL,

II. OF THE COURT OF APPEALS,
III. OF THE SUPREME COURT; CIRCUIT COURTS; AND COURTS

OF OYER AND TERMINER,
IV. OF THE COUNTY COURTS,..
V. OF THE SUPERIOR COURT, AND COURT OF COMMON PLEAS

IN THE CITY OF NEW YORK, AND THE MAYORS' AND

RECORDERS' COURTS IN OTHER CITIES,.
VL OF THE COURTS OF JUSTICES OF THE PEACE,
VII. OF JUSTICES AND OTHER INFERIOR COURTS IN CITIES,...

6 8

10 14 19

TITLE I.
OF THE COURTS, IN GENERAL,
SECTION 9. The several courts of this state, ...

10. Their jurisdiction generally,...

3 3 3

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. Preferences of causes,.

4 4

5 5

Page. Section 14. Number of judges who may give judgment,

5 15. Sheriffs to provide rooms, &c., for court,..

5 16. Court may be adjourned to places other than those designated by law,....

5

6

6 6 6

TITLE III.
OF THE SUPREME COURT, CIRCUIT COURTS, AND COURTS OF OYER AND

TERMINER,
Section 17. Existing statutory provisions, as to terms and business of

the courts repealed, and order of supreme court fixing

the terms, &c., abrogated,
18. General terms prescribed,
19. Number of judges to give judgment,
20. Special terms, circuit courts, and courts of oyer and ter-

miner, 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

terminer, how appointed,...
24. Places of holding the courts,
25. Publication of appointment thereof,
26. When judges not assigned may hold the courts,
27. Duties of judges as to business out of court,
28. Rooms, fuel, &c., how furnished,

6 7

7

7 7 7 8 8 8

TITLE IV.
OF THE COUNTY COURTS,
Section 29. Repeal of existing statutes defining their jurisdiction,

30. Their jurisdiction,
31. General terms, when held. Notice to be published,
32. Jurors, how drawn and summoned,

8 8 8 10 10

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10 11

12

TITLE V.
OF THE SUPERIOR COURT AND COURT OF COMMON PLEAS, IN THE CITY

OF NEW YORK, AND THE MAYORS' AND RECORDERS' COURTS IN

OTHER CITIES,
Section 33. Jurisdiction of the courts named in this title,

34. Court of common pleas for New York has power to review

judgments of the marine and justices' courts,
35. General and special terms of the superior court and com-

mon pleas to be appointed,
36. By whom held,
37. Judgments where given,
38. Concurrence of two judges necessary,
39. Criers, how appointed. Salaries, how fixed,
40. Superior court, of whom to consist,
41. Three justices of superior court to be elected,
42. How voted for,
43. How classified,

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