CHAPTER XXII.

Definitions and Regulations Concerning the Con struction, Effect, and Application of this Act.

TITLE I- General Definitions, and Bules 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.

3340. Rule of construction as to publication, etc., in certain cases. 3341. Id.; as to certain special provisions relating to New-York city. 3342. Id.; as. to county court.

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. 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.

Id., § 3.

§ 3335. Division of actions into civil and criminal.

Actions are of two kinds;,

1. Civil.

2. Criminal.

Id., 4.

§ 3336.

Defintion 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.

Id., § 5.

§ 3337. Id.; “civil action ".

Every other action is a civil action.

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.

Id., § 70.

§ 3339. 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.

Co. Proc., 169.

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 unre pealed 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. 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 ctiy of New-York, including the recovery, entry, and collection of a judgment in such an action.

§ 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 applying to any term of the county court, held pursuant to an ap pointment made as prescribed by law.

į 3343. 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. [Subdiv. 1 repealed Jan. 1, 1896; L. 1895, ch. 946.]

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, or wherein, or by whose authority, the act is to be done, which is referred to in the provision in which it is used. If the action or special proceeding 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, 1892, ch. 677.]

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. (See § 1910, subd. 1.) 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.

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, 1892, ch. 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, 1892, ch. 677.]

18. A "domestic corporation" is a corporation created by or 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 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 "foreign corporation".

19. The terms, “trial juror”, and “trial jury ", are respectively equivalent to the terms." petit juror ", and "petit jury", as used

in the constitution and laws of the State. The word, “notify ”, as used, with respect to procuring the attendance of a juror, is equivalent to the word, summon", as used in the like connection, 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, 1892, ch. 677.]

L. 1876. ch. 449, $2: Co. Proc., § 466; id.. § 462; id., § 463; id., § 464; L. 1875, ch. 37; 2R. S. 650, 4 (2 Edm. 669).

968a

TITLE II.

Provisions regulating the effect and application of this act.

Sec. 3344. Short title of this act.

3345. Rule of strict construction not applicable thereto.

3346. Punishment of crimes and misdemeanors created thereby.

3347. Application of certain portions thereof regulated and qualified.

3348. Id.; what deemed commencement of action, etc.

3349. Id.; when proceedings to be under former statutes.

3350. Effect of this act upon trial jurors and juries, in criminal causes. 3351. Id.; upon grand jurors and juries.

3352. Id.; upon proceedings taken, or rights accrued, etc., under former

statutes.

3353. Id.; upon former appointment of terms.

3354. Id.; upon officers and offices.

3355. When this act deemed to have been passed, etc

3356. When this act takes effect.

§ 3344. Short title of this act.

This act constitutes a portion of the New Revision of the Siat utes. It may be styled, in any act of the legislature or proceeding in a court of justice, or wherever it is otherwise referred to, "The Code of Čivil Procedure ".

L. 1876, ch. 449, § 1.

§ 3345. Rule of strict construction not applicable thereto. The rule of the common law, that a statute in derogation of the common law is strictly construed, does not apply to this act. Co. Proc., § 467.

§ 3346. Punishment of crimes and misdemeanors created thereby.

Where it is prescribed, in a provision of this act, that a person doing or omitting to do any act is guilty of a particular crime, or, generally, of a misdemeanor, he shall be punished therefor in the manner and to the extent, prescribed by the statutes remaining unrepealed after the provision in question takes effect, for the punishment of the crime so specified; or for the punishment of a misdemeanor, the punishment of which is not specially prescribed in the statute defining it.

§ 3347. [Am'd, 1895.] Application of certain portions thereof regulated and qualified.

The application and effect of certain portions of this act are declared and regulated as follows: except that, where a particular provision, included within a chapter or a portion of a chapter, specified in a subdivision of this section, expressly designates the courts, persons, or proceedings, affected thereby, that provision is deemed excluded from the application and effect, prescribed in the subdivision:

1. In chapter second, the prisoners referred to are civil prisoners only, except that section 122, and article third of title second thereof, apply to all prisoners, civil or criminal.

2. In chapter third, sections 303, 304, 305, and 306 apply to trial jurors upon the trial of an indictment or other criminal cause; as prescribed in subdivision seventh of this section, with respect to the application of titles third and fourth of chapter tenth, and as specified in the next two sections.