Page images
PDF
EPUB

Their jurisdiction.

Amended

1849.

vessel, though the sum demanded exceed one hundred dollars.

4. In an action by or against any person belonging to or on board of a vessel in the merchant service, for an assault and battery or false imprisonment, committed on board such vessel, upon the high seas, or in a place without the United States, of which the ordinary courts of law of this state have jurisdiction, though the damages demanded exceed one hundred dollars. But nothing in this or the last preceding subdivision of this section, shall give the court power to proceed in any of the cases therein referred to, as a court of admiralty or maratime jurisdiction.

CHAPTER II.

The Justices' Courts, in the city of New-York.

Section 66. Their jurisdiction.

§ 66. [Sec. 59.] The assistant justices' courts in the city of New-York, shall hereafter be styled the justices' courts in the city of New-York, and shall have jurisdiction in the following cases:

1. In actions similar to those in which justices of the peace have jurisdiction, as provided by sections 53 and 54.

2. In an action upon the charter or a by-law of the corporation of the city of New-York, where the penalty or forfeiture shall not exceed one hundred dollars.

An assistant justice's court, is a court of a justice of the peace, within the meaning of the section of the code which regulates actions on judgments. And an action may be brought on a judgment recovered before the code of procedure took effect, within two years after its rendition. McGuire vs. Gallagher, 2 Sand. 402; S. C. 1 Code Rep. 127. See notes to section sixtyfour supra.

CHAPTER III.

The Justices' Courts of Cities.

SECTION 67. Their Jurisdiction.

diction.

§ 67. [Sec. 60.] The justices' courts of cities, shall have Their jurisjurisdiction in the following cases, and no other:

Amendad

1. In actions similar to those in which justices of the 1849. peace have jurisdiction, as provided by sections 53 and 54.

2. In an action upon the charter or by-laws of the corporations of their respective cities, where the penalty or forfeiture shall not exceed one hundred dollars.

CHAPTER IV.

General Provisions.

SECTION 68. Sections 55 to 64 applied to the courts embraced in this title.

to 64 appli

courts em

this title.

Amended

§ 68. [Sec. 61.] The provisions of sections fifty-five to sixty- Section 55 four, both inclusive, relating to forms of action, to pleadings, to cable to the the times of commencing actions,to the rules of evidence, to filing braced in and docketing transcripts of judgments, to their effect, and the mode of enforcing them, and to proceedings where title to real 1849, 1851.. property shall come in question, shall apply to the courts embraced in this title; except that, after the discontinuance of the actions in the inferior court upon an answer of title, the new action may be brought either in the supreme court, or in any other court having jurisdiction thereof, and except also that in the city and county of New-York, a judgment for twenty-five dollars or over, exclusive of costs, the transcript whereef is docketted in the office of the clerk of that county shall have the same effect as a lien, and be enforced in the same manner as and be deemed a judgment of the court of common pleas for the city and county of New-York.

[blocks in formation]

Of the Form of Civil Actions.

Distinction between actions at law and suits in equity, and forms of such actions and suits, abolished.

SECTION 69.

70.

Parties to an action, how designated.

71.

Actions on judgments, when and how to be brought.

72.

Feigned issues abolished, and order for trial substituted.

Distinction between

law and

suits in

forms of such ac

§ 69. [Sec. 62.] The distinction between actions at law

actions at and suits in equity, and the forms of all such actions and equity, and suits, heretofore existing, are abolished; and there shall be in this state, hereafter, but one form of action for the ensuits abol forcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.

tions and

ished.

Amended

1849.

Parties to

Although the code has abolished the distinction between legal and equitable remedies, it has not changed the inherent difference between legal and equitable relief. Fritz agt. Hepburn and others, 5 How. 188; McMaster et al. agt. Booth, 4 How. 427; Hill vs. McCarthy, 3 Code Rep. 49.

§ 70. [Sec. 63.] In such action, the party complaining an action, shall be known as the plaintiff, and the adverse party as nated. the defendant.

how desig

§71. [Sec. 64.] No action shall be brought upon a judgwhen and ment rendered in any court of this state, except a court of

Actions in judgments

how to be brought.

Amended

1849.

a justice of the peace, between the same parties, without

leave of the court for good cause shown, on notice to the ad

verse party; and no action on a judgment rendered by a justice of the peace, shall be brought in the same county within five years after its rendition, except in case of his death, resignation, incapacity to act, or removal from the county, or that the process was not personally served on the defendant, or on all the defendants, or in case of the death of some of the parties, or where the docket or record of such judgment is or shall have been lost or destroyed.

A justice's judgment recovered before the code took effect, is not within the prohibition referred to in this section. McGuire vs. Gallagher, 2 Sand. 402.

Feigned isorder for

sues abolished and

trial substi

§ 72. [Sec. 65.] Feigned issues are abolished; and instead thereof, in the cases where the power now exists to order a feigned issue, or when a question of fact, not put in issue by tuted. the pleadings, is to be tried by a jury, an order for the trial may be made, stating, distinctly and plainly, the question of fact to be tried, and such order shall be the only authority necessary for a trial.

Feigned issues may still be ordered by the court in certain cases. Anonymous, 5 How. 306. See Supreme Court Rules, 71, 73, 74.

TITLE II.

Of the time of commencing civil actions.

CHAPTER I. Actions in general.

II. Actions for the recovery of real property.

III. Actions, other than for the recovery of real property.
IV. General provisions.

CHAPTER I.

The time of commencing actions in general.

SECTION 73. Repeal of existing limitations.
74. Time of commencing civil actions.

existing

Amended

§ 73. [Sec. 66.] The provisions contained in the chapter Repeal of of the Revised Statutes, entitled "Of actions and the times limitations. of commencing them," are repealed, and the provisions of 1849. this title are substituted in their stead. This title shall not extend to actions already commenced, or to cases where

[blocks in formation]

existing

the right of action has already accrued; but the statutes now in force shall be applicable to such cases, according to the subject of the action, and without regard to the form..

The provisions of this section have no application to the 110th (90th) section infra. But if applicable, they do not change its construction, or prevent it from applying to a case where the right of action accrued, and the action was commenced after the code went into operation. Wadsworth vs. Thomas, 7 Barb. 445.

Time for § 74. [Sec. 67.] Civil actions can only be commenced within limitation. the periods prescribed in this title, after the cause of action shall

Amended

1949. have accrued, except where, in special cases, a different limitation is prescribed by statute, and in the cases mentioned in section seventy-three. But the objection that the action was not commenced within the time limited, can only be taken by an

When the people will not sue.

Passed

1849.

swer.

CHAPTER II.

The time of commencing actions for the recovery of real property.

SECTION 75. When the people will not sue.

76. When action cannot be brought by grantee from the state.
77. When actions by the people or their grantees to be brought

within twenty years.

78. Seisin within twenty years, when necessary in action for real property.

79. Seisin within twenty years, when necessary in action or defence founded on title to or rents of real property.

80. Action must be commenced within one year after entry, or within twenty years after right of entry.

81. Possession when resumed.

title, unless adverse.

Occupation deemed under legal

82. Occupation under written instrument or judgment, when

deemed adverse.

83. What constitutes adverse possession, under written instrument or judgment.

84. Premises actually occupied, under claim of title, deemed to

be held adversely.

85. What constitutes adverse possession under claim of title

not written.

86. Relation of landlord and tenant, as affecting adverse possession. Right of possession not affected by descent cast.

87.

88. Certain disabilities excluded from time to commence actions.

§ 75. The people of this state will not sue any person for, or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people

to the same unless,

« PreviousContinue »