§ 3329. Id.; by whom fees to be paid. In an action before a justice of the peace, if any services are rendered for a party, and he neglects to pay the fees allowed therefor by law, the other party may pay those fees, and the amount thereof must be taxed as part of his costs, if he recovers costs. New. § 3330. Certain special provisions excepted from this title. The allowance of a fee, by this title, does not apply to a case, where special provision is otherwise made by statute for compensation for a particular service. New. § 3331. Provision as to change in fees. Where an officer has, when this title takes effect, commenced the performance of a service, for which a fee is allowed by the statutes heretofore in force, he is entitled to the fee so allowed, for the completion of that service, and he is not entitled to the fee for the same, or a corresponding service, allowed by this title. New. §3331a. [Added, 1909.] Presentation of claims by jurors and disposition of unclaimed fees. All jurors including those in a criminal action or special proceeding in a court or before an officer duly summoned and who served as provided for by the laws of this state and are entitled to payment therefor, must present their claims to the proper official designated by law for the payment of jurors' fees, on or before the thirty-first day of December of the year succeeding or following the year in which such services were rendered and performed, and failure to comply with this provision shall be a forfeiture of the payment for such claims or services thereafter. All notices issued requiring jurors to attend at a term of court or at a meeting of the grand jury, shall have printed thereon the foregoing provision relating to forfeiture of fees. All moneys or jurors' fees forfeited by the provisions of this section shall be transferred and applied to the fund of such county or city, from which they were paid, on or before the first day of March, in each year. From L. 1899, c. 150, §§ 1-3. Added here by L. 1909, c. 65 (in effect Feb. 17, 1909). § 3332. This title applies to civil cases only. Except as otherwise expressly prescribed therein, this title does not apply to a service rendered in a criminal action or special proceeding, in a court, or before an officer. New. 968 Qw 1917 1917 CHAPTER XXII. Definitions and Regulations Concerning the Construction, Effect, and Application of this Act. TITLE I.— General Definitions, and Rules of Construction. TITLE II.— Provisions Regulating the Effect and Application of this Act. TITLE I. General definitions, and rules of construction. Sec. 3333. Definition of "action." 3334. Id.; "special proceeding." 3335. Division of actions into civil and criminal. 3336. Definition of criminal action." 3337. Id.; civil action." 3338. Parties to a civil action. 3339. Only one form of civil action. 3840. Rule of construction as to publication, etc., in certain cases. 3343. Miscellaneous general definitions and rules of construction. § 3333. Definition of “action.” The word "action", as used in the New Revision of the Statutes, when applied to judicial proceedings, signifies an ordinary prosecution, in a court of justice, by a party against another party, for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. From Co. Proc., § 2. § 3334. Id.; “special proceeding ". Every other prosecution by a party, for either of the purposes specified in the last section, is a special proceeding. From Id., 3. § 8335. Division of actions into civil and criminal. Actions are of two kinds: 1. Civil. 2. Criminal. From Id., 4. § 3336. Definition of "criminal action ". A criminal action is prosecuted by the people of the State, as a party, against a person charged with a public offence, for the punishment thereof. From Id., 5. § 3337. Id.; “civil action ". Every other action is a civil action. From Id., § 6. § 3338. Parties to a civil action. The party prosecuting a civil action is styled the plaintiff; the adverse party is styled the defendant. From Id., § 70. § 8339. Only one form of civil action. There is only one form of civil action. The distinction between actions at law and suits in equity, and the forms of those actions and suits, have been abolished. From Co. Proc., $ 69. § 3340. Rule of construction as to publication, etc., in certain cases. Each provision of this act, requiring the publication of a summons, notice, or other paper, in one or more newspapers, or authorizing or requiring a court, or a judge, to designate one or more newspapers, in which such a publication must be made, or requiring the posting of a notice or other paper, is to be construed as not affecting any special provision of the statutes, remaining unrepealed after the former provision takes effect, prescribing one or more particular newspapers, in which such a publication must or may be made, or one or more particular places, in which notices or other legal papers must or may be posted, in a particular locality, or in a particular case. From L. 1876, c. 449, § 9. § 3341. Id.; as to certain special provisions relating to New-York city. Each provision of this act is to be construed as not affecting any special provision of the statutes, remaining unrepealed after the former provision takes effect, which is applicable exclusively to an action against the mayor, aldermen, and commonalty of the city of New-York, including the recovery, entry, and collection of a judgment in such an action. See L. 1876, c. 449, § 10; L. 1865, c. 646, §§ 4, 5; L. 1866, c. 876, § 10; L. 1807, c. 586, § 6; L. 1868, c. 853, § 8; L. 1869, c. 876, § 14; L. 1870, c. 382, 2; L. 1871, c. 583, § 5; L. 1872, c. 514, § 1. § 3342. Id.; as to county court. Each provision of this act conferring power upon, or authorizing a proceeding to be taken at a general, special, or trial term, which is applicable to a county court, is to be construed as apply. ing to any term of the county court, held pursuant to an ap pointment made as prescribed by law. From L. 1876, c. 449, § 10. § 3343. [Am'd, 1909.] Miscellaneous general definitions and rules of construction. In construing this act, the following rules must be observed, except where a contrary intent is expressly declared in the provision to be construed, or plainly apparent from the context thereof: 1. [Subd. 1 repealed by L. 1895, c. 946 (in effect Jan. 1, 1896).] 2. The word, "mandate", includes a writ, process, or other written direction, issued pursuant to law, out of a court, or made pursuant to law, by a court, or a judge, or a person acting as a judicial officer, and commanding a court, board, or other body, or an officer, or other person, named or otherwise designated therein, to do, or to refrain from doing, an act therein specified. 3. The word, "judge ", includes a justice, surrogate, recorder, justice of the peace, or other judicial officer, authorized or required to act, or prohibited from acting, in or with respect to the matter or thing, referred to in the provision wherein that word is used. c. 22, tit. 1 GENERAL DEFINITIONS. 4. The word, "clerk ", signifies the clerk of the court, wherein the action or special proceeding is brought, or wherein, or by whose authority, the act is to be done, which is referred to in If the action or special proceedthe provision in which it is used. ing is brought, or the act is to be done, in or by the authority of the supreme court, it signifies the clerk of the county wherein the action or special proceeding is triable, or the act is to be done. 5. The word, report", when used in connection with a trial, or other inquiry, or a judgment, means a referee's report; and the word, decision", when used in the same connection, means the decision of the court upon a hearing, or the trial of an issue, before the court, without a jury. 6, 7, 8. [Repealed by Statutory Construction Law,' L. 1892, c. 677.] 66 9. A personal injury" includes libel, slander, criminal conversation, seduction, and malicious prosecution; also an assault, battery, false imprisonment, or other actionable injury to the person either of the plaintiff, or of another. 10. An " injury to property" is an actionable act, whereby the estate of another is lessened, other than a personal injury, or the breach of a contract. 11. The word, "affidavit", includes a verified pleading in an action, or a verified petition or answer in a special proceeding. 12. A warrant of attachment against property is said to be "annulled ", when the action, in which it was granted, abates or is discontinued; or a final judgment, rendered therein in favor of the plaintiff is fully paid; or a final judgment is rendered therein in favor of the defendant. But, in the case last specified, a stay of proceedings suspends the effect of the annulment, and the reversal or vacating of the judgment revives the warrant. 46 13. The term, judgment creditor", signifies the person who is entitled to collect, or otherwise enforce, in his own right, a judgment for a sum of money, or directing the payment of a sum of money. 14. A "judgment creditor's action" is an action brought as prescribed in article first of title fourth of chapter fifteenth of this act, or any other action, brought by a judgment creditor to aid the collection of a judgment for a sum of money, or directing the payment of a sum of money. 15. [Repealed by Statutory Construction Law.1 L. 1892, c. 677.] 16. A "distinct parcel" of real property is a part of the property which is or may be set off by boundary lines, as distinguished from an undivided share or interest therein. 17. [Repealed by Statutory Construction Law.' L. 1892, c. 677.] is a corporation created by or 18. A "domestic corporation under the laws of the State or located in the State, and created by or under the laws of the United States, or by or pursuant to "foreign the laws, in force in the colony of New-York, before the 19th day of April, in the year 1775. Every other corporation is a corporation". 66 19. The terms, trial juror", and "trial jury", are respectively petit juror", and "petit jury equivalent to the terms. in the constitution and laws of the State. 66 as used The word, notify", as used, with respect to procuring the attendance of a juror, is as used in the like conequivalent to the word. summor nection, in the same constitution and laws. 20. The word, "action", refers to a civil action; the word "judgment", to a judgment in such an action; the term, "special proceeding ", to a civil special proceeding; the word, "order", to an order made in such an action or special proceeding; the words, an action of ejectment ", to an action to recover the immediate possession of real property. 21-24. [Repealed by Statutory Construction Law, L. 1892, c. 677.] From L. 1876, c. 449, § 2. Am'd by L. 1909, c. 65 (in effect Feb. 17, 1909). 1 The subdivisions of this section which were repealed by the Statutory Con struction Law were so stricken out because similar provisions were incor porated into that law. Thus, subdivisions 6, 7, 8 of this section defined "real and personal property (now defined in §§ 39, 40 of the General Construction Law). Subd. 15 defined lunacy" and "lunatic " (now defined in § 28 of the Gen. Constr'n Law). Subd. 17 defined "territory" (now defined in § 49 of the Gen. Constr'n Law). Subds. 21 to 24 defined public holiday," the words "" now," " heretofore," "hereafter " (as found in a statute), the word "folio," and also provided that an instrument required to be written or printed might be partly written and partly printed. §§ 21, 23, 24, 25, 34, 56 of the Gen. Constr'n Law contain similar definitions and provisions. See the General Construction Law in Appendix I, post. By the General Corporation Law, art. 1, § 3, subd. 5, a domestic corporation is defined as follows: "A domestic corporation is a corporation incorporated by or under the laws of the State or colony of New York. Every corporation which is not a domestic corporation is a foreign corporation, except as pro vided by the Code of Civil Procedure for the purpose of construing such Code.' 972 |