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Page. Section 425. Time for publication of notices, how computed, ........ 119

426. Laws of other states and other governments, how proved, 119

TITLE XIII

ACTIONS IN PARTICULAR CASES,

119 CHAPTER I. Actions against foreign corporations,

119 II. Actions in place of scire facias, quo warranto, and of informations in the nature of quo warranto,

.. 120 III. Actions for the partition of real property,.

124 IV. Actions to determine conflicting claims to real property, and for waste and nuisance,

124 V. General provisions relating to actions concerning real property,

125

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CHAPTER II.
ACTIONS IN PLACE OF SCIRE FACIAS, QUO WARRANTO, AND OF INFORMA-
TIONS IN THE NATURE OF QUO WARRANTO,.

120 Section 428. Scire facias, and quo warranto abolished and this chapter substituted, ..

...

120 429. Action may be brought by attorney-general to vacate a charter, by direction of legislature,

120 430. Action to annul a corporation, when and how brought by attorney-general, by leave of supreme court,

120 431. Leave, how obtained,

121 432. Action upon information or complaint, of course, 121 433. Action, when and how brought to vacate letters patent,. 121 434. Relator, when to be joined as plaintiff,

122 435. Complaint and arrest of defendant, in action for usurping an office,....

122 436. Judgment in such action,

122 437. Assumption of office, &c., by relator, when judgment is in his favor,..

122 438. Proceedings against defendant, on refusal to deliver books or papers, .

122 439. Damages, how recovered,.

122 440. One action against several persons claiming office or franchise,

123 441. Penalty for usurping office or franchise, how awarded,.. 123 442. Judgment of forfeiture against a corporation,.

123 443. Costs against corporation or persons claiming to be such, how collected, ..

123 444. Restraining corporation and appointment of receiver, 123 445. Copy of judgment roll against corporation, where to be filed,

123 446. Entry of judgment relating to letters patent in records of commissioners of land office,...

124 447. Actions for forfeiture of property to the people, ....... 124

Page. CHAPTER III. ACTION FOR THE PARTITION OF REAL PROPERTY,.....

... 124 Section 448. Provisions of Revised Statutes, applicable to actions for partition,

124 CHAPTER IV. ACTIONS TO DETERMINE CONFLICTING CLAIMS TO REAL PROPERTY, AND FOR WASTE AND NUISANCE, ......

124 Section 449. Actions to determine claims to real property, how prosecuted,

.. 124 450. Action of waste abolished. Waste how remediable, ... 124 451. Provisions of Revised Statutes applicable to actions for waste under this act, ...

124 452. When judgment of forfeiture and eviction to be given, 125 453. Writ of nuisance abolished,

125 454. Remedy for injuries heretofore remediable by writ of nuisance

.. 125

CHAPTER V.
GENERAL PROVISIONS RELATING TO ACTIONS CONCERNING REAL PRO-
PERTY,

125 Section 455. Provisions of Revised Statutes applicable thereto, ... 125

TITLE XIV. PROVISIONS RELATING TO EXISTING SUITS,

... 125 Section 456. Appeal from order at a special term, on summary application, after judgment,

125 457. Writ of error in all cases abolished. Appeal substituted, 125 458. Execution when issuable on a judgment docketed before July 1, 1848,.:

126 459. Proceeding by re-hearing abrogated,

126 460. Appeals from final decrees, by a single judge, in supreme

court

, in suits in equity pending on July 1, 1847, when to be taken,

... 126 461. Issues of fact in county court or common pleas before July 1, 1848, how tried,

.. 127

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TITLE XV. GENERAL PROVISIONS,

127 Section 462. Definition of "real property,'

127 463. Definition of a personal property,'

127 464. Definition of "property,

127 465. Definition of “district,

127 466. Definition of "clerk,'

.. 127 467. Rule of strict construction of statutes inapplicable to this act, ....

127 468. Statutory provisions inconsistent with this act repealed,. 127 469. Rules and practice inconsistent with this act abrogated, . 128 470. Judges of supreme court to make general rules,

128 471. This act not to affect certain proceedings and statutory provisions, ...

128 472. Certain parts of revised and other statutes not repealed, 129 473. This act, when to take effect,

129

GENERAL STATUTES

OF THE

STATE OF NEW YORK; &C.

PART III.

ADMINISTRATION OF CIVIL JUSTICE. .

CHAPTER XI.

New York Code of Procedure.

CHAP 438. AN ACT to amend the act entitled "An act to Simplify

and Abridge the Practice, Pleadings and Proceedings of the courts of this state,” passed April 12, 1848.

Passed April 11, 1849. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

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: AN ACT 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 plead

ings in cases at common law should be abolished, that the distinction between legal and equitable remedies should no longer continue, and

1

PART IIL

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.

of an

SEC. 1. Division of remedies.

2. Definition of an action.
3. 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.
Division of S 1. Remedies in the courts of justice are divided into,
remedies.

1. Actions;
2. Special proceedings.

19 N. Y., 492;. 21 B., 273; 11 B., 341; 9 B., 385; 20 How. P. R., 7; 11

Ab., 329. Definition $ 2. An action is an ordinary proceeding in a court of jusaction.

tice, 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.

14 N. Y., 370; 28 B., 231; 25 B., 336; 21 B., 273; 19 B., 302; 12 B,

387; 11 B., 341; 9 B., 301, 385; 7 Ab., 223; 20 How. P. R., 68. Definition $ 3. Every other remedy is a special proceeding. of a special proceeding.

14 N. Y., 370; 15 B., 402; 3 B., 10; 11 Ab., 329; 8 Ab., 23. Divisions S 4. Actions are of two kinds: of actions into civil

1. Civil; and crimi

2. Criminal. nal.

11 B., 106. Definition $ 5. A criminal action is prosecuted by the people of the nhl action state, as a party, against a person charged with a public

offense, for the punishment thereof. Definition S 6. Every other is a civil action. of a civil action.

19 N. Y., 492; 11 B., 341. Civil and S 7. · Where the violation of a right admits of both a civil criminal remedies

and criminal remedy, the right to prosecute the one is not not merged merged in the other. in each other. $ 8. This act is divided into two parts: Subjects The first relates to the courts of justice, and their jurisdicembraced in this act.

tion;

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

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