EXPLANATORY NOTE. It will be observed that some sections are preceded with the word and figures (am'd 1849), or (am'd 1849–1851), &c., while others have no such prefix. When the word 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. Howard's Practice Reports are cited as “How."; Abbott's Practice Reports as Abb.”; Abbott's Practice Reports, New Series, as “Abb. N. 8.”; Robertson's Superior Court Reports as “Rob.”; Transcript Appeals as “ Trans. App.”; New York Legal Observer as “N. Y. Leg. Obs.”; Bosworth’s Superior Court Reports as “ Bogw.”; Barbour's Supreme Court Reports as Barb."; Lansing's Supreme Court Reports as “Lans.” The references to the Revised Statutes, not otherwise marked, are to the first edition. This Edition of the Code contains references to all the reports issued to June, 1870, and includes 40 New York, 54 Barbour, 39 Howard, part 1; 7 Abbott, N. 8.; 1 Lansing, and some cases from advance sheets of 2 Daly and 55 Barbour ; also references to such of the statutes of 1870 as pertain to prac some of which not being received in time to fill their appropriate space, have been placed in the Appendix. tice and pleading, ERRATA. Section 92, Sub. 2, for, where action, read where the action, 113, for them, read him. TABLE OF CONTENTS. TITLE OF THE ACT AND PREAMBLE. PAGE. 9 GENERAL DEFINITION AND DIVISIONS. SEC. 1. Division of remedies... 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.... OF THE COURTS OF JUSTICE AND THEIR JURIS- TITLE I. OF THE COURTS IN GENERAL. III. OF THE SUPREME COURT, CIRCUIT COURTS, AND COURTS OF V. OF THE SUPERIOR COURT AND COURT OF COMMON PLEAS IN THE CITY OF NEW YORK, AND THE MAYORS' AND RE- CORDERS' COURTS IN OTHER CITIES.... OF THE SUPREME COURT, CIRCUIT COURTS, AND COURTS OF Sec. 17. Existing statutory provisions, as to terms, &c., repealed..... 20 21. Circuit and oyer and terminer together. 22. Times and places of holding courts... 23. Extraordinary terms, &c... 24. Courts, where held. Adjournments. 25. Publication of appointment 27. Business out of court. Transfer of business. 27 28 OF THE SUPERIOR COURT AND COURT OF COMMON PLEAS IN THE CITY OF NEW YORK AND THE MAYORS' AND RECORD- Sec. 33. Jurisdiction, removal of causes.. 34. Common pleas for New York to review certain judgments. 36 35. General and special terms. Fees..... 38. Concurrence of two judges necessary. 46. Terms of superior court... 47. Suits may be transferred.. |