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for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.

3. Every other remedy is a special proceeding.

4. Actions are of two kinds:

1. Civil.

2. Criminal.

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

26. Every other is a civil action.

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

28. 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 appeals, to the supreme court, to the county courts, and to the superior court of the city of New York.

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12. The court of common pleas for the city and county of New York.

13. The mayors' courts of cities.

14. The recorders' courts of cities.

15. The inarine court of the city of New York. 16. The justices' courts in the city of New York. 17. The justices' courts of cities.

18. The police courts.

10. These courts shall continue to exercise the jurisdiction now vested in them respectively, except as otherwise prescribed by this act.


Of the Court of Appeals.

11. The court of appeals shall have exclusive Jurisdiction to review upon appeal every actual determination hereafter made at a general term by the supreme court, or by the superior court of the city of New York, or the court of common pleas for the city and county of New York, or the superior court of the city of Buffalo, in the following cases, and no other:

1. In a judgment in an action commenced therein or brought there from another court: and upon the appeal from such judgment, to review any intermediate order involving the merits, and necessarily affecting the judgment.

2. In an order affecting a substantial right, made in such action, when such order in effect determines the action and prevents a judgment from which an appeal might be taken, or discontinues the action, end when such order grants or refuses a new trial

or when such order strikes out an answer, or any part of an answer, or any pleading in an action; but no appeal to the court of appeals from an order granting a new trial, on a case made, or bill of exceptions, shall be effectual for any purpose, unless the notice of appeal contain an assent, on the part of the appellant, that, if the order be affirmed, judgment absolute shall be rendered against the appellant. Upon every appeal from an order granting a new trial on a case made or on exceptions taken, if the court of appeals shall determine that no error was committed in granting the new trial, they shall render judgment absolute upon the right of the appellant; and, after the proceedings are remitted to the court from which the appeal was taken, an assessment of damages or other proceedings to render judgment effectual, may be then and there had. in cases where such subsequent proceedings are requisite.

3. In a final order affecting a substantial right made in a special proceeding, or upon a summary application in an action after judgment, and upon such appeal to review any intermediate order involving the merits and necessarily affecting the order appealed from. But such appeal shall not be allowed in an action originally commenced in a court of a justice of the peace, or in the marine court of the city of New York, or in an assistan' justice's court of that city, or in a justice's court of any of the cities of this state, unless any such general term shall, by order duly entered, allow such appeal before the end of the next term after which such judgment was entered. The foregoing prohibition shall not extend to actions discontinued before

a Justice of the peace and prosecuted in another court, pursuant to sections 60 and 68 of this Code.

4. In an order affecting a substantial right not involving any question of discretion arising upon any interlocutory proceeding, or upon any question of practice in the action, including an order to strike out an answer, or any part of an answer, or any pleading in an action, such appeals, whether now pending or hereafter to be brought, may be heard as a motion, and noticed for hearing for any regular motion day of the court. No appeal shall be hereafter taken to the court of appeals from any judgment or order, granting or refusing a new trial, where the amount of the judgment or subject matter in controversy in the action or proceeding does not exceed five hundred dollars, exclusive of the costs therein, unless the general term of the court from whose decision or determination such appeal shall be taken, shall, by an order to be entered in its minutes, state that there is involved some question of law which ought to be reviewed in the court of appeals. In actions uot tounded upon contract, where the judgment appealed from is for the defendant, the amount claimed in the complaint shall be deemed the amount of the subject matter of the controversy. But nothing in this provision contained snall apply to actions or proceedings affecting the title to real estate, or an interest therein.

12. The court of appeals may reverse, affirm or modify the judgment or order appealed from, in whole or in part, and as to any or all of the parties: and its judgment shall be remitted to the court below, to be enforced according to law.

18. There shali be four terms of the court of appeals in each ye to be held at the capitol, in the city of Albany, on the first Tuesday of January, the fourth Tuesday of March, the third Tuesday of June, and the last Tuesday of September, and continued for as long a period as the public interests may require. But the judges of said conrt may, in their discretion, appoint one of said terms in each year to be held in the city of New York. Additional terms shall be appointed and held at the same place by the court when the public interests require it. The court may, by general rules, provide what causes shall have a preference on the calendar. On a second and each subsequent appeal to the court of appeals, or when an appeal has once been dismissed for defect or irregularity, the cause shall be placed upon the calendar as of the time of filing the first

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