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To Establish a Code of Civil Procedure.
The People of the State of New-York, represented in Senate and Assembly, do enact as follows:
SECTION 1. This act to be known as the code of civil procedure, of the State of
Division of the code, into four parts.
3. Rule of construction of this code.
4. Code, not retroactive, unless where expressly declared.
5. Judicial remedies, defined.
6. Division of judicial remedies, into actions and special proceedings.
Definition of a civil action.
Definition of a criminal action.
18. Civil and criminal remedies not merged in each other.
SECTION 1. This act shall be known as the Code of Civil Procedure of the State of New York.
§ 2. This Code is divided into four parts: The first relates to the courts of justice:
The second relates to civil actions:
The third relates to special proceedings of a civil na
The fourth relates to evidence.
The Commissioners have unanimously agreed upon the division of the Code, as provided in this section, except as to the fourth part,--that relating to evidence.
From the introduction of that part, Mr. Graham dissents.
§ 3. The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. The Code establishes the law of this state, respecting the subjects to which it relates; and its provisions, and all proceedings under it, are to be liberally construed, with a view to promote its objects, and to assist the parties in obtaining justice.
The rules of statutory construction present one of the widest fields of learning known to the lawyer. While it is a general principle, that the will of the legislature, as expressed in a statute, is to be carried into full effect, and that, for the purpose of ascertaining it, every source of information is to be resorted to, such as its title, its preamble, its history and attend