Entered according to the act of Congress in the year one thousand eight hundred and fifty-one, By GOULD, BANKS & Co., in the clerk's office of the District Court of the Northern District of New-York. MEM WORK OL NOTICE. By section two, of chapter four hundred and seventy-nine, passed July ten, one thousand eight hundred and fifty-one, the Legislature provided that section thirteen of the Code, as amended, should not take effect until the first day of January next, and that the Code, as amended by that act, should be published in the Session Laws, and the amended sections in italics; and as several important amendments have been passed it has been thought best to publish the amended sections in the present edition in italics. The marginal notes also show what sections were amended in 1849, and what additional sections were passed that year. The number of the sections inclosed in brackets corresponds with the numbering of the sections in the Code of 1848, and will be found of great value in consulting the decisions of cases under the original Code. The notes will be found to contain abstracts from, and references to all the most important cases that have been decided on pleading and practice since the Code went into operation, with occasional reference to corresponding decisions under the former practice, and the accompanying index is more full and complete than any other heretofore published. In the arrangement of the notes an effort has been made so to bring the different subjects together, that all the decisions relating to one topic could be readily found; and to expedite the labors of the practitioner numerous references will be found from one section to another, thus referring not only to different portions of the Code relating to the same subject, but also referring to other subjects collateral thereto; and if, by use of the references, notes and index here made, the profession shall find their labor in any manner lightened of its burden, the author will have the assurance that his labor has not been in vain. Albany, July 30, 1851. TABLE OF CONTENTS. Page. 3 3-4 4 Title of the act and preamble, GENERAL DEFINITIONS AND DIVISIONS, SECTION 1. Division of remedies, 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,. 13. Terms of the court; preference of causes, 14. Number of judges who may give judgment, 15. Sheriffs to provide rooms, &c., for court, 16. Court may be adjourned to places other than those desig- Of the Supreme Courts, Circuit Courts, and Courts of Oyer SECTION 17. Existing statutory provisions, as to terms and business of SECTION 21. Circuit courts and oyer and terminer held together,.... 26. When judges not assigned may hold the courts, .............. Peal of existing statutes, defining their jurisdiction,... Of the Superior Court and Court of Common Pleas in the Jurisdiction of the Courts named in this title,............. 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- 44. Fxpiration of terms and vacancies how filled,. 45. Powers of judges and their salaries,..... 46. Terms of Superior Court and by whom held, 47. Certain civil suits may be transferred from the Supreme to 48. Jurisdiction of Superior Court in such cases,...... 49. Judges to hear for two years, suits transferred from Su- |