TABLE OF CONTENTS. Title of the act and preamble, 1. GENERAL DEFINITIONS AND DIVISIONS, 3-4. SECTION 1. Division of remedies, 4. 2. Definition of an action, 4. 3. Definition of a special proceeding, 4. 4. Divisions of actions into civil and criminal, 4. 5. Definition of a criminal action, 4. 6. Definition of a civil action, 4. 7. Civil and criminal remedies, not merged in each other, 4. 8. Subjects embraced in this act, 4. PART I. OF THE COURTS OF JUSTICE, AND THEIR JURIS DICTION, 5-28. TITLE I. OF THE COURTS IN GENERAL, 5. II. OF THE COURT OF APPEALS, 6-7. III. OF THE SUPREME COURT; CIRCUIT COURTS; AND COURTS OF IV. OF THE COUNTY COURTS, 11-13. V. OF THE SUPERIOR COURT, AND COURT OF COMMON PLEAS VI. OF THE COURTS OF JUSTICES OF THE PEACE, 19-25. TITLE II. Of the Court of Appeals, 6-7. Its jurisdiction, 6. May reverse, affirm or modify judgment or order appealed from, 6. 13. Terms of the court. Preference of causes, 6. 15. Sheriffs to provide rooms, &c., for court, 7. 16. Court may be adjourned to places other than those desig. nated by law, 7. TITLE III Of the Supreme Court, Circuit Courts, and Courts of Oyer and Terminer, 7-10. SECTION 17. Existing statutory provisions, as to terms and business of the courts repealed, and order of supreme court fixing the terms, &c., abrogated, 8. 18. General terms prescribed, 8. 19. Number of judges to give judgment, 9. 20. Special terms, circuit courts, and courts of oyer and terminer, prescribed, 9. 21. Circuit courts and oyer and terminer held together, 9. 22. Designation of times and places of holding courts; how made, 9. 23. Extraordinary general and special terms, and oyer and terminer; how appointed, 9. 24. Places of holding the courts, 10. 25. Publication of appointment thereof, 10. 26. When judges not assigned may hold the courts, 10. 28. Rooms, fuel, &c.; how furnished, 10. TITLE IV. Of the County Courts, 11-13. SECTION 29. Repeal of existing statutes defining their jurisdiction, 11. 30. Their jurisdiction, 11. 31. General terms, when held. Notice to be published, 13. 32. Jurors, how drawn and summoned, 13. TITLE V. Of the Superior Court and Court of Common Pleas, in the city of New-York, and the Mayors' and Recorders' Courts in other cities, 14-18. SECTION 33. Jurisdiction of the Courts named in this title, 14. 34. Court of Common Pleas for New-York has power to review judgments of the Marine and Justices' Courts, 15. SECTION 35. General and special terms of the Superior Court and Common Pleas to be appointed, 15. 36. By whom held, 16. 37. Judgments where given, 16. 38. Concurrence of two judges necessary, 16. 39. Criers, how appointed. Salaries, how fixed, 16. 40. 41. Three justices of Superior Court to be elected, 16. 43. How classified, 16. 44. Expiration of terms and vacancies how filled, 17. 45. Powers of Judges and their salaries, 17. 46. Terms of Superior Court and by whom held, 17. 47. Certain civil suits may be transferred from the Supreme to the Superior Court, 18. 48. Jurisdiction of Superior court in such cases, 18. 49. Judges to hear for two years, suits transferred from Supreme court, 18. 50. Appeal to the Court of Appeals, 18. 51. Section 28 applied to Superior Court, 18. TITLE VI. Of the Courts of Justices of the Peace, 19-25. SECTION 52. 53. 54. Repeal of certain existing provisions, 19. Jurisdiction in civil actions limited, 20. 55. Answer of title to land, 21. 56. Undertaking therein, 21. 57. Suit before justice. to be discontinued. Costs, 21. 58. Proceedings if undertaking not given, 22. 59. The same, 22. 60. New action in supreme court; pleadings therein, 22. 61. Costs of action in supreme court, 22. 62. Proceedings where several causes of action, and answer of title as to one, 22. 63. Docketing justices' judgments, and effect thereof, 23. 64. Rules in justices' courts, 23. RULE 1. The pleadings, 23. 2. Pleadings, how put in, 23. 3. Complaint, 23. 4. Answer, 23. 5. Pleadings, what to contain, 24. 6. Demurrer, 24. 7. Proceedings in demurrer, 24. 8. Plaintiff to prove his case, if defendant do not appear, 24. 9. Proceedings in action on account or instrument for the pay. ment of money only, 24. 10. Variance, when disregarded, 24. 11. Amending pleadings, 25. 12. Execution, when issuable and returnable, 25. TITLE VII. Of Justices' and other Inferior Courts in Cities, 26-28. CHAPTER I. The marine court of the city of New-York, 26-27. CHAPTER II. The Justices' Courts, in the city of New-York. Section 66. Their jurisdiction. CHAPTER III. The Justices' Courts of Cities. SECTION 67. Their Jurisdiction. CHAPTER IV. General Provisions. SECTION 68. Sections 55 to 64 applied to the courts embraced in this title. PART II. TITLE I. OF THEIR FORM, 29-30. II. OF THE TIME OF COMMENCING THEM, 30-40. IV. OF THE PLACE OF TRIAL, 44-46, V. OF THE MANNER OF COMMENCING THEM, 46–51. VII. OF THE PROVISIONAL REMEDIES, 62-81. VIII. OF THE TRIAL AND JUDGMENT, 82-93. IX. OF THE EXECUTION OF THE JUDGMENT, 94-101. XII. OF THE MISCELLANEOUS PROCEEDINGS, 120-134. XIII. ACTIONS IN PARTICULAR CASES, 134-142. SECTION 69. 70. 71. TITLE I. Of the Form of Civil Actions, 29. Distinction between actions at law and suits in equity, and forms of such actions and suits, abolished, 29. Parties to an action, how designated, 29. Actions on judgments, when and how to be brought, 29. 72. Feigned issues abolished, and order for trial substituted, 30. TITLE II. Of the time of commencing civil actions, 30-40. CHAPTER I. Actions in general, 30. II. III. Actions for the recovery of real property, 31–35. CHAPTER I. The time of commencing actions in general, 30. 1 CHAPTER II. The time of commencing actions for the recovery of real property, 31. SECTION 75. When the people will not sue, 31. 76. When action cannot be brought by grantee from the state. 31. 77. When actions by the people or their grantees to be brought within twenty years, 32. 78. Seisin within twenty years, when necessary in action for real 79. Seisin within twenty years, when necessary in action or de- 81: Possession when resumed. Occupation deemed under legal 82. Occupation under written instrument or judgment, when deemed adverse, 33. 83. What constitutes adverse possession, under written instrument or judgment, 33. 84. Premises actually occupied, under claim of title, deemed to be held adversely, 34. 85. What constitutes adverse possession under claim of title not written, 34. 86. Relation of landlord and tenant, as affecting adverse pos session, 34. 87. Right of possession not affected by descent cast, 34. 88. Certain disabilities excluded from time to commence ac tions, 34. |