The Code of Civil Procedure of the State of New York

TABLE OF CONTENTS.

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PRELIMINARY PROVISIONS,

SECTION 1. This act to be known as the code of civil pro-

cedure, of the State of New York,

2. Division of the code, into four parts,

3. Rule of construction of this code,

4. Code, not retroactive, unless where expressly

declared,

5. Judicial remedies, defined,

6. Division of judicial remedies, into actions and

special proceedings,

7. Definition of an action,

8. Definition of a special proceeding,

9. Division of actions, into civil and criminal,

10. Civil artions arise out of obligations or inju-

ries,

11. Definition of an obligation,

12. Definition of an injury,

13. Definition of an injury to property,

14. Definition of an injury to the person,

15. Out of what criminal action arises,

16. Definition of a civil action,

17. Definition of a criminal action,

18. Civil and criminal remedies not merged in each

OF THE COURTS OF JUSTICE,

TITLE I. Of their organization and jurisdiction,

II. Of judicial officers,

III. Of persons specially invested with powers of

a judicial nature,

IV. Of the ministerial officers of the courts of jus-

tice,

V. Of persons specially invested with ministerial

powers, relating to the courts of justice,

or the organization and jurisdiction of the courts of justice,

CHAPTER I. The courts of justice, in general,

II. The court for the trial of impeachments,

III. The court of appeals,

IV. The supreme court, including the circuits,

V. The superior court of the city of New York,

VI. The court of common pleas of the city of New

York, -

VII. The courts of oyer and terminer,

VIII. The county courts,

IX. The surrogates' courts,

X. The courts of sessions,

XI. The city courts,

XII. The justices' courts,

XIII. The marine court of the city of New-York,

XIV. The police courts,

XV. The courts of conciliation,

XVI. General provisions respecting the courts of jus-

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The courts of justice in general,
SECTION 19. The several courts of this state,

20. They are courts of record, except that some of
themi are courts not of record for certain

pur-
poses,

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CHAPTER II.

The Court for the trial of impeachments,

SECTION 21. Its jurisdiction,

22. Members of the court,

23. Who to preside,

24. Clerk and officers of the court,

25. Court, when to meet,

26. Oath of the members,

27. Compensation of the members and officers of

The court of appeals,

SECTION 28, 29. Its jurisdiction,

30. May reverse affirm or modify, judgment, or or-

der appealed from,

31. The judges,

32. The chief judge,

33. Number of judges necessary for the transaction

of business,

34. Concurrence of five judges necessary to pro-

nounce judgment. If five do not concur, case

must be reheard,

35. Terms of the court,

36, 37. Places of holding the court,

38. Publication of order, appointing places of hold-

ing the court,

CHAPTER IV.

The supreme court, including the circuits,

Section 39. Rules of common law and statutes now in force,

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conferring or defining jurisdiction of this court,

abrogated and appealed,

40. Jurisdiction of this court, original and appellate,

41. Its original jurisdiction,

42. Its appellate jurisdiction,

43. Jurisdiction Transferred to it, under the constitu-

tion,

44. Jurisdiction transferred to it, of actions in the

late mayor's court of the city of Rochester,

45, Division of the state into eight judicial districts,

and number of judges for each,

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Section 46. Court distributed into general and special terms,

and circuits,

47. Business of the general terms,

48. Business of the special terms,

49. Business of the circuits,

50. General term, to be held by at least three judg-

es, and special term or circuit, by one or

more of them,

51. General and special terms and circuits, may be

held by judges elected in any uistrict,

52. Presiding judge at a general term,

53. If presiding judge do not attend, judge to pre-

side, how designated,

54. Number of judges at general term, necessary

to pronounce judgment,

55. Duration of general terms and circuits,

56. Jndge holding circuit, to hold a special term.

its duration or adjournment,

57. Court always open before each judge, for certain

purposes.

58. Transaction of business by judges out of court.

Duty of judges in first judicial district, in this

respect,

59. Times and places of holding general and special

terms and circuits, to continue as at present

until December 31, 1950,

60. Number of general and special terms and cir.

cuits in each year,

61. Times and places of holding them, and judges

by whom held, how appointed,

62. Extraordinary general and special terms and

circuits how appointed,

63. Place of holding general and special terms and

circuits,

64. In case of inability of judge to hold them, de-

signation of another judge for that purpose, .

65. Publication of appointment of time and place

of holding general and special terms and

The superior court of the city of New York,

Section 66. The court continged,

67. Its jurisdiction of actions and proceedings, where

cause thereof arose, or subject is situated in

the ciiy of New York,

69. Its jurisdiction of other civil actions,

69. Its jurisdiction of suits heretofore transferred to

it, .

70. Transfer hereafter of suits in supreme court, in

what cases, and how made,

71. Effect of the order of transfer,

72. Number of judges of the court, and their names

of office,

73. Chief justice, how designated, -

74. Distribution of the court into general, special

and trial terms,

75. Business of the general terms,

76. Business of the special terms,

77. Business of the trial terms,

78. General te: ms to be held by at least two judges,

and special terms by one only,

79. Who to preside at a general term,

80. Number of judges necessary to pronounce judg-

ment,

81. Number of terms in each year,

82. Place of holding the court,

83. Terms how prescribed, to continue till Decem-

ber 31, 1850,

81. Appointment of terms thereafter, by whom and

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The court of common pleas of the city of New-York,

Section 85. The court continued, and name changed,

86–88. Its jurisdiction,

89. Number of the judges of the court, and their

names of office,

90. Chief justice, how designated,

91. Distribution of the court into general, special

and trial terms,

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