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provision is introduced after mature consideration, and from a conviction of its necessity. So far as it relates to questions. affecting the construction of the code, the Commissioners beleive that it is important to the successful operation of the reforms already introduced, and which this report proposes further to introduce into the practice.
§ 4. No part of this code is retroactive, unless expressly so declared.
§ 5. Judicial remedies are such as are administered by the courts of justice, or by judicial officers empowered for that purpose, by the constitution and statutes of this state.
This definition was not contained in the code of 1848, or in the amended code. It is here introduced as a concise and convenient definition of judicial remedies.
§ 6. These remedies are divided into two classes: 1. Actions: and
2. Special proceedings.
Same as amended code, sec. 1.
§ 7. An action is an ordinary proceeding in a court of justice, by which one party prosecutes another, for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence.
Same as amended code, sec. 2.
§ 8. Every other remedy is a special proceeding.
Same as amended code, sec. 3.
§ 9. Actions are of two kinds:
1. Civil: and
Same as amended code, sec. 4.
§ 10. A civil action arises out of,
1. An obligation:
2. An injury.
§ 11. An obligation is a legal duty, by which one person is bound to the performance of an act towards another, and arises from,
1. The contract of the parties; or
2. The operation of law, as in the case of a statute or judgment.
§ 12. An injury is of two kinds:
1. To the person and
2. To property.
§ 13. An injury to property consists in depriving its owner of the benefit of it, which is done by taking, withholding, deteriorating, or destroying it.
§ 14. Every other injury is an injury to the person.
§ 15. A criminal action arises out of an act or omission forbidden by law, and to which is annexed, upon conviction, either of the following punishments:
4. Removal from office: or
5. Disqualification to hold and enjoy any office of honor, trust or profit under this state.
§ 16. A civil action is prosecuted by one party against another, for the enforcement or protection of a right, or the redress or prevention of a wrong.
§ 17. A criminal action is prosecuted by the state, as a party, against a person charged with a public offence, for the punishment thereof.
The last two sections are more distinct than sections 5 and 6 of the amended code, for which they are substituted.
§ 18. When the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other.
Same as amended code, sec. 7. This section is taken substantially from 2 R. S. 3d ed. 390, sec. 2.
OF THE COURTS OF JUSTICE.
Of their organization end jurisdiction.
III. Of persons specially invested with powers of a
IV. Of the ministerial officers of the courts of jus
V. Of persons specially invested with ministerial powers, relating to the courts of justice.
OF THE ORGANIZATION AND JURISDICTION OF THE COURTS OF
CHAPTER I. The courts of justice, in general.
II. The court for the trial of impeachments.
III. The court of appeals.
IV. The supreme court, including the circuits.
V. The superior court of the city of New-York.
VI. The court of common pleas of the city of New-York.
VII. The courts of oyer and terminer.
VIII. The county courts.
IX. The surrogates' courts.
X. The courts of sessions.
XI. The city courts.
XII. The justices' courts.
XIII. The marine court of the city of New-York.
XIV. The police courts.
XV. The courts of conciliation.
XVI. General provisions respecting the courts of justice.