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Section 425. Time for publication of notices, how computed,........ 119 426. Laws of other states and other governments, how proved, 119

TITLE XIII.

ACTIONS IN PARTICULAR CASES,

119

CHAPTER I. Actions against foreign corporations,

119

III. Actions for the partition of real property,.

II. Actions in place of scire facias, quo warranto, and of in-
formations in the nature of quo warranto,.

120

124

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

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ACTIONS IN PLACE OF SCIRE FACIAS, QUO WARRANTO, AND OF INFORMA

TIONS IN THE NATURE OF QUO WARRANTO,. Section 428. Scire facias, and quo warranto abolished and this chapter substituted,

120

120

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

120

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

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432. Action upon information or complaint, of course,

121

433. Action, when and how brought to vacate letters patent,. 121 434. Relator, when to be joined as plaintiff, ....

122

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

an office,......

122

436. Judgment in such action,

122

437. Assumption of office, &c., by relator, when judgment is

in his favor,.

122

438. Proceedings against defendant, on refusal to deliver books

or papers,.

...122

439. Damages, how recovered,...

122

440. One action against several persons claiming office or fran

chise,

123

441. Penalty for usurping office or franchise, how awarded,.. 123
442. Judgment of forfeiture against a corporation,.
443. Costs against corporation or persons claiming to be such,
how collected,

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444. Restraining corporation and appointment of receiver, 123
445. Copy of judgment roll against corporation, where to be
filed,...

...

.. 123

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

447. Actions for forfeiture of property to the people,

124 124

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ACTION FOR THE PARTITION OF REAL PROPERTY,.

Section 448. Provisions of Revised Statutes, applicable to actions for

partition,

CHAPTER IV.

124

... 124

ACTIONS TO DETERMINE CONFLICTING CLAIMS TO REAL PROPERTY, AND
FOR WASTE AND NUISANCE,
Section 449. Actions to determine claims to real property, how prose-

cuted,

124

124

450. Action of waste abolished. Waste how remediable, ... 124 451. Provisions of Revised Statutes applicable to actions for waste under this act, 124

452. When judgment of forfeiture and eviction to be given, 125 453. Writ of nuisance abolished,

125

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PROVISIONS RELATING TO EXISTING SUITS,
Section 456. Appeal from order at a special term, on summary applica-

tion, after judgment, ...

125

125

125

125

457. Writ of error in all cases abolished. Appeal substituted, 125
458. Execution when issuable on a judgment docketed before
July 1, 1848,...

459. Proceeding by re-hearing abrogated,
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,..

126

126

... 126

461. Issues of fact in county court or common pleas before
July 1, 1848, how tried,

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467. Rule of strict construction of statutes inapplicable to this

act,

466. Definition of "clerk,'

127

468. Statutory provisions inconsistent with this act repealed,. 127
469. Rules and practice inconsistent with this act abrogated,. 128
470. Judges of supreme court to make general rules,
471. This act not to affect certain proceedings and statutory
provisions,

128

128

472. Certain parts of revised and other statutes not repealed, 129 473. This act, when to take effect,

129

GENERAL STATUTES

OF THE

STATE OF NEW YORK; &C.

PART III.

ADMINISTRATION OF CIVIL JUSTICE.

CHAPTER XI.

New York Code of Procedure.

CHAP. 438.

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 People of the State of New York, represented in Senate and Assembly, do enact as follows:

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 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

PART IIL

Division of remedies.

Definition of an action.

Definition of a special proceeding.

Divisions of actions into civil and criminal.

Definition

of a crimi

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:

GENERAL DEFINITIONS AND DIVISIONS.

SEC. 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.

$1. Remedies in the courts of justice are divided into,
1. Actions;

2. Special proceedings.

19 N. Y., 492; 21 B., 273; 11 B., 341; 9 B., 385; 20 How. P. R., 7; 11 Ab., 329.

$2. An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence.

S 3.

14 N. Y., 370; 28 B., 231; 25 B., 336; 21 B., 273; 19 B., 302; 12 B. 387; 11 B., 341; 9 B., 301, 385; 7 Ab., 223; 20 How. P. R., 68.

Every other remedy is a special proceeding.

14 N. Y., 370; 15 B., 402; 3 B., 10; 11 Ab., 329; 8 Ab., 23.

S4. Actions are of two kinds:

1. Civil;

2. Criminal.

11 B., 106.

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

Definition

of a civil action.

Civil and criminal remedies

$ 6. Every other is a civil action.

19 N. Y., 492; 11 B., 341.

$ 7. Where the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not not merged merged in the other.

in each other.

Subjects embraced in this act.

S8. This act is divided into two parts:

The first relates to the courts of justice, 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

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