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CHAPTER XV. Miscellaneous Provisions, ....

163-164 SECTION 422. Papers lost or withheld, how supplied,.

163 423. Where undertakings to be filed,

163 424. Judgment on bond and warrant of attorney, executed before July 1, 1848,..

164 425. Time for the publication of notices, how computed,

164 426. Laws of other states and governments, how proved, ...., 164



166 171

Actions in particular cases, :
CHAPTER 1. Actions against foreign corporations,

II, Actions in place of scire facias, quo warranto, and of in

formations in the nature of quo warranto,..
III. Actions for the partition of real property,
IV. Actions to determine conflicting claims to real property:

and for waste and nuisance,
V. General provisions relating to actions concerning real pro-

Actions against foreign corporations,....
SECTION 427. Where and by whom brought,..



165 165

CHAPTER II. Actions in place of scire facias, quo warranto, and of information, in the nature of quo warranto, ::::

....166-171 SECTION 428. Scire facias and quo warranto abolished and this chapter ter substituted,..

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

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

167 431. Leave, how.obtained,

167 432. Action upon information or complaint, of course,

168 433. Action, when and how brought to vacate letters patent,..

168 434. Relator, when to be joined as plaintiff,

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

169 436. Judgment in such action,

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

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

169 439. Damages, how recovered,

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

170 441. Penalty for usurping office or franchise, how awarded,... 170 442. Judgment or forfeiture against a corporation,..

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

170 444. Restraining corporation and appointment of receiver,....

170 445. Copy of judgment roll against corporation, where to be filed,..

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

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


CHAPTER III. Action for the Partition of Real Property, ...

. 171-172 SECTION 448. Provisions of Revised Stalutes, applicable to actions for partition,


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

.172-173 SECTION 449. Actions to determine claims to real property, how prosecuted,....

172 450. Action of waste abolished. Waste how remediable,

172 451. Provisions of Revised Statutes applicable to action for waste under this act, ...

172 452. When judgment of forfeiture and eviction to be given,....

173 453. Writ of nuisance abolished,

173 454. Remedy for injuries hetetofore remediable by writ of nuisance,

173 CHAPTER V. General provisions relating to actions concerning real property, 173 SECTION 453. Provisions of Revised Statutes applicable thereto, ...


TITLE XIV. Provisions relating to existing suits,: ..

...173-176 SECTION 456. Appeal from order at a special term, on summary application, after judgment,.....

173 457. Writ of error in all cases abolished. Appeal substituted, 174 458. Execution, when issuable on a judgment docketed before July 1, 1818,..

174 459. Proceeding by re-hearing abrogated,

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

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

461. Issues of fact in county court or common pleas before
July 1, 1818, how tried, ..



176 176 176 176 176

General provisions,
SECTION 462. Definition of "real property,'

463. Definition of “personal property,
464. Definition of "property,”
465. Definition of district,'s.
466. Definition of sclerk,"
467. Rule of strict construction of statutes inapplicable to this

468. S:atutory provisions inconsistent with this act repealed,..
469. Rules and practice inconsistent with this act abrogated, .
470. Judges of supreme court to make general rules, ..
471. This act not to affect certain proceedings and statutory

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

176 177 177 177

177 178 178

AN ACT to amend an act entitled, An Act to facilitate the

determination of existing suits in the courts of this state." TITLE I.-Provisions relating to Courts in General, .. 179 CHAPTER I. Sections of the Code of Procedure referred to and applied

to existing rules,

II. Other provisions relating to existing suits, TITLE II.-Provisions relating to Courts in the First Judicial District,


179 180





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:


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 distinction 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 Assembly, do enact as fo’lows :


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.

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