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TABLE OF CONTENTS
OF THE PROPOSED ACT.
Title of the Act, and Preamble,....
GENERAL DEFINITIONS AND DIVISIONS,
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,
2 333 3
PART I.
OF THE COURTS OF JUSTICE, AND THEIR JURIS-
DICTION,....
TITLE I. Of the Courts, in general,
5-66
9, 10
II. Of the Court of Appeals,.
11-25
III. Of the Supreme Court; Circuit Courts; and Courts of
V. Of the Superior Court, and Court of Common Pleas in
the city of New-York, and the Mayors' and Record-
ers' Courts in other cities,.
....
52-55
VI. Of the Courts of Justices of the Peace,.
VII. Of Justices' and other Inferior Courts in cities,...
...
12. May reverse, affirm or modify judgment or order appealed from,
13. Terms of the court,.....
23
24
14. Concurrence of five judges, necessary to a judgment,
TITLE III.
Of the Supreme Court, Circuit Courts, and Courts of Oyer and
Terminer,....
SECTION 15. Existing statutory provisions, as to terms and business of the
court, repealed; and order of the court fixing the terms, &c.,
abrogated,
26-37
16. General terms prescribed,
17. Concurrence of a majority of judges, necessary to give judg-
ment,
.......
29
18. Special terms, circuit courts, and courts of oyer and terminer
prescribed,..........
2
19. The same to be held together,..
Duration of special term,..
21. Duration of the circuit court,.
22. Duration of the court of oyer and terminer,....
23. Times and places of general and special terms, circuit courts,
and courts of oyer and terminer, how designated, and by whom
to be held..................
24. Extraordinary general terms, circuit courts and courts of oyer
and terminer, how appointed,
25. Places of holding the courts,..
........
26. Publication of appointment thereof,
27. Designation of the judges therefor,
28. When other judges may hold the courts,
29. Certificate of business at term and circuit, to be transmitted to
governor,
SECTION 32. Repeal of existing statutes, defining their jurisdiction,......
38. Juries in county court dispened with, and in general sessions,
provided for,.................
50
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,
SECTION 39. Jurisdiction of the courts named in this title,.........
40. Jurisdiction of the New-York superior court, on appeal,.
41. General and special terms, of superior court and common pleas,
in New-York,...............
42. General and special terms, by whom held,
43. Judgments, where given,................
44. Concurrence of two judges, necessary to a judgment, at a gene-
ral term,
52
53
54
55
SECTION 45. Repeal of certain existing provisions,
46, 47. Jurisdiction of these courts,...
48-55. Proceedings where title to real property comes in question,
56. Docketing their judgments, and effect thereof, ........
57. Provisions of this act, as to forms of action and pleading, appli-
Of Justices' and other Inferior Courts in Cities,..
CHAPTER I. The Marine Court of the city of New-York,..
55-61
57
57, 58
58-61
61
II. The Assistant Justices' Courts, in the city of New-York,
III. The Municipal Court of the city of Brooklyn; and the Justi-
ces' Courts of the cities of Albany, Troy, and Hudson,...
IV. General provisions,.
CHAPTER I.
The Marine Court of the city of New-York,....
SECTION 58. Its jurisdiction,
CHAPTER II.
The Assistant Justices' Courts in the city of New-York,.......
SECTION 59. Their jurisdiction,
The Municipal Court of the city of Brooklyn, and the Justices'
Courts of the cities of Albany, Troy and Hudson,.....
SECTION 60. Their jurisdiction,.....
General provisions,....
CHAPTER IV.
SECTION 61. Sections 48-57 applied to these courts,
XI. Of Appeals, ...
XII. Of the Miscellaneous Proceedings, and general pro--
SECTION 62. Distinction between actions at law and suits in equity, and forms
of actions and suits, abolished,
TITLE II.
Of the time of commencing Civil Actions,.
CHAPTER I. Actions, in general,...
II. Actions for the recovery of real property,.
III. Actions, other than the recovery of real property,.
IV. General provisions,....
The time of commencing actions for the recovery of real prop-
erty,....
SECTION 68. Limitation of actions for the recovery of real property,.......
95
95-109
CHAPTER III.
The time of commencing actions, other than for the recovery of
95, 96
99-103
103-105
105
105,106
75. When cause of action accrued, in an action upon a current ac-
count,...........
106
76. Actions for penalties, &c., by any person who will sue, when to
be brought,
108
.....
109
77. Actions for relief, not before provided for,
78. Actions by the people, subject to the same limitation,
General provisions as to the time of commencing actions,.... 110-122
SECTION 79. When action deemed to have been commenced,.
80. Exception, where defendant is out of the state,.
81. Exception, as to persons under disabilities,.
82. Provision, where person entitled dies before the limitation ex-
110
112
112, 113
113
85. Time of stay of action by injunction to be deducted,.
86. Disability must exist when right of action accrued,...
87. Where two or more disabilities, limitation does not attach, till
all removed,
88. This title not applicable to bills, &c., of corporations, or to
bank notes,.. . . .
114
89. Nor to actions against directors or stockholders of monied cor-
porations. Limitation, in such cases, prescribed,
SECTION 91. Action to be in the name of the real party in interest,.
92. Assignment of a thing in action not to prejudice a defence,..
93. Executor or trustee may sue without the persons beneficially in-
terested,
94. When married woman is a party, her husband to be joined, ex-
cept, &c.,........
95. Infant to appear by guardian,
123-128
125
125, 126
126