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E XPL Α Ν Α Τ Ο R Υ Ν Ο Τ Ε.

It will be observed that some of the sections are twice numbered as thus, 138 [116]—while other sections are only once numbered ; also that some sections are preceded with the words and figures (Am’d 1849), or (Am'd 1849, 1851), &c., while others have no such prefix; and, further, that some sections have the words "Existing suits” prefixed, and others have not.

The reason for these prefixes, or the omission of them, is to give the reader, at a glance, the history of each section, as thus:

When a section is only once numbered, as $ 227, it indicates that it is one of the sections added in 1849.

When a section is twice numbered, as $ 348 [297], it indicates that the section is one of those which existed in the Code of 1848, and that in that Code it was numbered as within the brackets [ ].

When the words and figures (Am’d 1849), or as the case may be, are prefixed, they signify that the section was amended in the year or years which the figures indicate.

When the words “Existing suits” are prefixed to a section, they indicate that the section is one of those which the provisions of the supplementary act apply to suits pending on July 1, 1848.

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THE

CODE OF PROCEDURE

OF THE

STATE OF NEW YORK,

AS AMENDED TO

APRIL, 1867.

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

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 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 AOT

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 distinc.

2

tion 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 Assem

bly, do enact as follows :

GENERAL DEFINITIONS AND DIVISIONS.
SECTION 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.

§ 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

а

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

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

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