upon the service or execution thereof ́s ag by statute, ten cents. Where served or executed in one special prossing upon the amount of travel forn vented a ceding subdivision apples. § 3324. A constable who charge any must show, by affidavit, that e perform the service with recent to 募 that no more miles are charged for than with wi travelled; and that the trashing from any KAMP in the affidavit. Theo mga taga y § 3325. A party resta la ne ut in MALAKW justice of the peace, in whole ten issued, and who introducing thereunder, is entitled to rea thereupon, not excing the to one sioner's fees for taking anĞ DELA each subpoena issued, or s missioner, six cente; expe twenty-five cents; each all seara bara for kid ance before the commovet, twenty for sending and returning V nexed thereto, one doar § 3326. Except as otherwise stastny queriod by law, a person, notified to atter di an 1990, beautİNDİ MA Wallyfive cents, for attending and waving, won the vine of all action or the hearing of a evil posing, before @ justice of the prace; and to vel certa for wounding vo mave where he is not sworn, § 3327. A witness is entled to twenty-five conts, for each day's actual attendance, vetores justice of the pace, in an action or a media protag, or before a commis sioner appointed by a slice of the peace, or before a justice of the peace taking a deposition to be used in a court, not of record, of another state, or a territory of the United States. § 3328. A justice of the peace, or a constable, juror, 4 N. Y or witness, before a justice of the peace, is not obliged to Supp. 161. render any service specified in this title, without the previous payment or tender of his fee therefor, § 3329. In an action before a justice of the peace, if any 4 N. Y. services are rendered for a party, and he neglects to pay Supp. 161. 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. § 3330. The allowance of a fee, by this title, does not 90 N Y. 521. 98 N.Y. 336. 98 N.Y. 336. apply to a case, where special provision is otherwise ade by statute for compensation for a particular service. § 3331. Where an officer has, when his 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 s corresponding service, allowed by this title. § 3332. 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. CHAPTER XXII. DEFINITIONS AND REGULATIONS CONCERNING TITLE I.-GENERAL DEFINITIONS, AND RULES OF CON STRUCTION TITLE II.-PROVISIONS REGULATING THE EFFECT AND TITLE I. General definitions, and rules of construction. 3883. Definition of "action." 3835. Division of actions into 3336. Definition of "criminal 3887. Id.; "civil action." action. § 3340. Rule of construction as to publication, etc., in 3341. Id.; as to certain special 3342. Id.; as to county court. § 3333. 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. § 3334. Every other prosecution by a party, for either < of the purposes specified in the last section, is a special proceeding. § 3335. Actions are of two kinds : 1. Civil. 2. Criminal. § 3336. 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. § 3337. Every other action is a civil action §3338. The party prosecuting a civil action is styled the laintiff, the adverse party is styled the defendant. § 3339. There is only one form of civil action. The distinction between actions at law and suits in equity, and forms of those actions and suits, have been abolished. § 3340. 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. * § 3341. Each provision of this act is to be construed 92 N. Y. 584, 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. § 3342. 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 applying to any term of the county court, held pursuant to an appointment made as prescribed by law. § 3343. [Am'd 1892.] In construing this act, the fol- 90 N.Y.521 lowing rules must be observed, except where a contrary in- 141 N.Y.479. tent is expressly declared in the provision to be construed, or plainly apparent from the context thereof; 1. The "superior city courts" are, collectively, the court 135 N.Y.338 of common pleas for the city and county of New York, the superior court of the city of New York, the superior court of Buffalo, and the city court of Brooklyn. 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. 4. The word, "clerk", signifies the clerk of the court, wherein the action or special proceeding is brought, * See L. 1884, c. 133, abolishing state paper. Or 62 How. Pr. 255. 112 N.Y.559. 14 Daly, 448. wherein, or by whose authority, the act is to be done, whic is referred to in the provision in which it is used. If the action or special proceeding is brought, or the act is to done, in or by the authority of the supreme court, it sig nifies the clerk of the county wherein the action or speci proceeding is triable, or the act is to be done. 5. The word,"report", when used in connection with s 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. [Repealed by Statutory Construction Law. L. 1892, c 677.] 7. [Repealed by Statutory Construction Law. 677.] 8. [Repealed by Statutory Construction Law. 677.] L. 1892, L. 1892, c. 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, where 112 N.Y.559. by the estate of another is lessened, other than a personal injury, or the breach of a contract. 5 Month. L. Bul. 22. 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. 66 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 sixteenth of this act, or any other action, brought by a judg ment 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. L. 1892, c. 677.] 66 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. For law regulating the clerk of the county of New York, see §§ 1719-1736, Consol. Act. |