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NEW YORK:
DIOSSY & COMPANY,
LAW BOOK PUBLISHERS.

1870.

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THE

CODE OF PROCEDURE.

As Amended to 1870.

AN ACT to amend the act entitled " An act to Sinplify

and Abridge the Practice, Pleadings, and Proceedings of the Courts of this state," passed April 12, 1848.

Passed April 11, 1819. 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 ACT 10 Simplicy and Abridg3 the practice, Plead

ings and Proceedings of the courts of thió staie. WHEREAS, it is expediert that the present forms of

actions and pleagings in cases ar, common law should be abolished that the neistination between legal and equitable romodies should no longer continue, and that ar förja 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 follows:

General Definitions and Divisions. 1. Remedies in the courts of justice are divided into,

1. Actions.
2. Special proceedings.

22. An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party

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for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.

83. Every other remedy is a special proceeding.

84. Actions are of two kinds:
1. Civil.
2. Criminal.

& 5. A criminal action is prosecuted by the people of the state, as a party, against a person charged with a public offense, for the punishment thereof.

26. Every other is a civil action.

87 Where the violation of a right admits of both a civijandeacriminal remedya the right to prosecute the one is not neerged in the others

$ 8. This set is divided into tvoparts:

The first relates to the couits et justice, and their jurisdiction:

The secorrd relates to cival actions commenced in the courts of tkis-state, after the first day of July, 1848, excepět when otheruuseprovided therein, and is distributed into fifteen titles. The first four relate to actions in all the courts of the state, and the others, to actions in the supreme court, in the county courts, in the superior court of the city of New York, in the court of common pleas for the city and county of New York, in the mayors' courts of cities, and in the recorders' courts of cities, and to appeals to the court of appeals, to the supreme court, to the county courts, and to the superior court of the city of New

PART I.
of the Courts of Justice, and their Jurisdiction.
TITLE I Of the Courts in general.

II. Of the Court of Appeals.
111. Of the Supreme Court; Circuit Courts, and

Courts of Oyer and Terminer.
IV. Of the County Courts.
V. Of the Superior Court, and Court of Com-

mon Pleas in the City of New York, and
the Mayors' and Recorders' Courts in other

cities. VI, of the Courts of Justices of the Peace. VII. Of Justices' and other Inferior., Courts in

cities,

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Of th coiris in Gètri. 29. The following are the 'courts of justice in this state:

1. The court fortne trial of'impeachments. 2. The court of appeals. 3. The supreme court. 4. The circuit courts. 5. The courts of oyer and terminer. 6. The county courts. 7 The courts of sessions. 8. The courts of special sessions. 9. The surrogates' courts. 10. The courts of justices of the peace. 11. The superior court of the city of New York.

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