§ 6. [6.] Civil action.

Every other is a civil action.

§7. [7.] Remedies not merged.

Where 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.

§ 8. [8.] (Am'd 1849.) Division of act.

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 [SS sixty-nine to one hundred and twenty-six, both inclusive] re'ate 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.

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.

IV.

OF THE SUPREME COURTS, CIRCUIT COURTS, AND COURTS OF OYER AND TER

MINER.

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

VI.

CITIES.

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.

§ 9. [9.] (Am'd 1849.) The several courts.
The fol owing are the courts of justice of this State:
1. The court for trial of impeachments.

2. The court of appeals.

3. The supreme courts.

4. The circuit courts.

5. The courts of oyer and terminer.

6. The county courts.

7. The courts of sessions.

8. The courts of special sessions.

9. The surrogates' courts.

10. The courts of justices of the peace.

11. The superior court of the city of New York.

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 marine court of the city of New York.

16. The justices' [district] courts in the city of New York.
17. The justices' courts of cities.

18. The police courts.

§ 10. [10.] Their jurisdiction generally.

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

TITLE II.

The Court of Appeals.

SECTION 11. Its jurisdiction. New trial. Motion.

12. Power of court.

13. Terms. Preference of causes.

14. Judgment, rehearing. Opinions.
15. Sheriffs to provide rooms, &c.

16. Court, where held. Adjournment.

§ 11. [11.] (Am'd 1849, 1851, 1852, 1857, 1862, 1865, 1866, 1867.) Jurisdiction.-Appeal from order granting new trial.-Appeals from decision on motion.

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, and when such order grants or refuses a new trial; 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 a marine court of the city of New York, or in an assistant justice's court of that city, or in a justice's court in 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 sixty and sixty-eight of this Code.

4. Whenever the decision of any motion heretofore made, or of any motion hereafter to be made in the supreme court of this State, at a special term thereof, involves the constitutionality of any law of this State, or has been or shall be placed, in the opinion or reasons for such decision of the justice making such decision, upon the unconstitutionality of such law, then an appeal shall lie and may be made from such decision, or from the order entered or to be entered upon such decision, to the general term of said court, and an appeal shall also lie and may be made from the decision of such general term, and from