Entered according to the act of Congress in the year one thousand eight hundred and fifty-one,

By GOULD, BANKS & Co.,
in the clerk's office of the District Court of the Northern District of New-York.

NOTICE.

By section two, of chapter four hundred and seventy-nine, passed July ten, one thousand eight hundred and fifty-one, the Legislature provided that section thirteen of the Code, as amended, should not take effect until the first day of January next, and that the Code, as amended by that act, should be published in the Session Laws, and the amended sections in italics; and as several important amendments have been passed it has been thought best to publish the amended sections in the present edition in italics. The marginal notes also show what sections were amended in 1849, and what additional sections were passed that year. The number of the sections inclosed in brackets corresponds with the numbering of the sections in the Code of 1848, and will be found of great value in consulting the decisions of cases under the original Code.

The notes will be found to contain abstracts from, and references to all the most important cases that have been decided-on pleading and practice since the Code went into operation, with occasional reference to corresponding decisions under the former practice, and the accompanying index is more full and complete than any other beretofore published.

In the arrangement of the ņotes an effort- has been made so to bring the different subjects together, that all the decisions relating to one topic could be readily found; and to expedite the labors of the practitioner numerous references will be found from one section to another, thus referring not only to different portions of the Code relating to the same subject, but also referring to other subjects collateral thereto; and if, by use of the references, notes and index here made, the profession shall find their labor in any manner lightened of its burden, the author will have the assurance that his labor has not been in vain.

Albany, July 30, 1851.

TABLE OF CONTENTS.

............

16-21

21-29

29-31

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,

PART I.

OF THE COURTS OF JUSTICE, AND THEIR JURIS-

DICTION,...

TITLE I. OF THE COURTS IN GENERAL,

II. OF THE COURT OF APPEALS,..

III. OF THE SURREME COURTS, CIRCUIT COURTS, AND COURTS

OF OVER AND TERMINER,

IV. OF THE COUNTY COURTS,

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,

VI. OF THE COURTS OF JUSTICES OF THE PEACE,.

VII. OF JUSTICES' AND OTHER INFERIOR COURTS IN CITIES,.

TITLE I.

Of the Courts in General,

SECTION 9. The several courts of this state,

10. Their jurisdiction generally,

TITLE II.

Of the Court of Appeals,.

SECTION 11. Its jurisdiction,

12. May reverse, afirm or modify judgment or order appealed

from,

13. Terms of the court; preference of causes,

14. Number of judges who may give judgment,

15. Sheriffs to provide rooms, &c., for court,

16. Court may be adjourned to places other than those desig-

nated by law,....

TITLE III.

Of the Supreme Courts, Circuit Courts, and Courts of Oyer

and Terminer,

SECTION 17. Existing statutory provisions, as to terms and business of

the court repealed; and order of supreme court fixing the

terms, &c., abrogated,..

18. General terms prescribed,

19. Number of Judges to give judgment,

20. Special terms, circuit courts, and courts of oyer and termi.

ner prescribed,

...............

10

11

11

11

11

11

SECTION 21. Circuit courts and oyer and terminer held together,......

Designation of times and places of holding courts; how

made,

23. Extraordinary general and special terms, and oyer and ter-

miner; how appointed,

24. Places of holding the courts,.....

25. Publication of appointment thereof,.

26. When judges not assigned may hold the courts,

27. Duties of judges as to business out of court,

28. Rooms, fuel, &c.; how furnished,...

12

12

12

12

12

13

TITLE IV.

Of the County Courts,..

SECTION 29. P-peal of existing statutes, defining their jurisdiction,

30. ir jurisdiction,

31, neral terms when held. Notice to be published,.

32. Jurors, how drawn and summoned,......

13-15

13

13

15

15

TITLE V.

16-21

16

18

Of the Superior Court and Court of Common Pleas in the

City of New York, and the Mayors' aud Recorders’ Courts

in other cities,

SECTION 33. Jurisdiction of the Courts named in this title,.,

34. Court of Common Pleas for New-York has power to review

judgments of the Marine and Justices' Courts,...

35. General and special terms of the Superior Court and Com-

mon Pleas to be appointed,..

36. By whom held,

37. Judgments where given,.

38. Concurrence of two judges necessary,........

39. Criers, how appointed. Salaries, how fixed,.

40. Superior court, of whom to consist, .

41. Three justices of Superior Court to be elected, .

42. How voted for,

43. How classified,.

44. Fxpiration of terms and vacancies how filled,

45. Powers of judges and their salaries, .....

46. Terms of Superior Court and by whom held,

47. Certain civil suits may be transferred from the Supreme to

the Superior Court, ....

48. Jurisdiction of Superior Court in such cases,.....

49. Judges to hear for two years, suits transferred from Su-

preme Court,......

50. Appeal to the Court of Appeals,....

51. Section 28 applied to Superior Court,

18

18

18

18

18

18

18

19

19

19

20

20

20

20

20

21

21

............

TITLE VI.

21-29

Of the Courts of Justices of the Peace,..

SECTION 52. Repeal of certain existing provisions,.