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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 follows:


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.

Defnition of all ac

actions into civil and

of a crimi

Division of SECTION 1. Remedies in the courts of justice are divided reinedies.


1. Actions ;
2. Special proceedings.

§ 2. An action is an ordinary proceeding in a court of tion. justice, by which a party prosecutes another party for the

enforcement or protection of a right, the redress or pre

vention of a wrong, or the punishment of a public offence. Definition § 3. Every other remedy is a special proceeding. of a special proceeding § 4. Actions are of two kinds : Division of

1. Civil; criminal 2. Criminal. Definition § 5. A criminal action is prosecuted by the people of nal action. the state, as a party, against a person charged with a pub

lic offence, for the punishment thereof. Definition of a civil

§ 6. Every other is a civil action. action. Civil and § 7. Where the violation of a right admits of both a reinedies civil and criminat.fepedy, the

right to prosecute the one noi merged

is not merged in the other

$ 8. This act is divided into fio parts : Subjects embraced

The first relates to the court jöstice, and their jurisdiction;

The second relates to civil actions commenced in the courts of this state, after the first day of July, 1848, except when otherwise provided 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 York.

in each other.

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in this act.

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