as a juror, is entitled to twenty-five cents, for attending and serving upon the trial of an action or the hearing of a special proceeding, before a justice of the peace; and to ten cents for attending to serve, where he is not

sworn.

2 R. S. 265, 228 (2 Edm. 273); L. 1866, ch. 692, 9(6 Edm. 806).

§ 3327. Id.; witnesses' fees. A witness is entitled to twenty-five cents for each day's actual attendance, be fore a justice of the peace, in an action or a special pro. ceeding, or before a commissioner appointed by a jus tice of the peace, or before a justice of the peace taking a deposition to be used in a court, not of record, of an other state, or a territory of the United States.

Part of 228, R. S., and 10 of act of 1866.

§ 3328. Id.; fees to be paid before services rendered. A justice of the peace, or a constable, juror, or witness, before a justice of the peace, is not obliged to render any service specified in this title, without the previous payment or tender of his fee therefor.

2 R. S. 650, part of 6 (2 Edm. 670).

§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 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 a corresponding service, allowed by this title.

New. Chesterman v. Eyland, 17 Hun, 520.

§ 3332. This title applies to civil cases only. -Ex. cept 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.

CHAPTER XXII.

DEFINITIONS AND REGULATIONS CONCERNING THE CONSTRUCTION, EFFECT, AND APPLICATION OF THIS ACT.

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.

Code of Proc., 2. People v. Judge of Rens, Co., 13 How. 398; People v. Chadborne, 20 How. Pr. 378.

§ 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. Belknap v. Waters, 11 N. Y. 477.

§ 3335. Division of actions into civil and criminal. - Actions are of two kinds :

1. Civil.

2. Criminal.

Id., 4.

§ 3336. Definition of "criminal action ".— A crim inal 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 prose cuting a civil action is styled the plaintiff; the adverse party is styled the defendant.

Id., 870

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, aud the forms of those actions and suits, have been abolished.

Id., 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.

New.

§ 3341. Id.; as to certain special provisions relat ing 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.

New.

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 pur. suant to an appointment made as prescribed by law.

New.

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. The " 'superior city courts are, collectively, the

court of common pleas for the city and county of NewYork, 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 command. ing 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.