187 Indians, such a sum as the comptroller audits and cer188 tifies to be a reasonable compensation.

189 19. For giving notice of any general or special election 190 to all the officers, to whom he is required by law to give 191 such a notice, one dollar for each town or ward, in 192 addition to the expense of publishing the notices, as 193 required by law, payable from the county treasury. 194 20. For notifying constables to attend a court, fifty 195 cents for each constable notified.

196 21. For attending a term of court, which he is required 197 by law to attend, for each day, three dollars. 198 This section, except the limitation of amount con199 tained in subdivision eleventh thereof, does not affect 200 any special statutory provision unrepealed, relating to 201 the fees and expenses of the sheriff of the city and 202 county of New York, or the sheriff of the county of 203 Kings.

Code, $$ 3307 and 3308, consolidated.

1 $3308. Fees of sheriff of Kings county upon certain 2 judicial sales.-All sales of real estate in the county of 3 Kings, under judgment or decree of any court, except 4 in an action of partition, or where the sheriff is a party, 5 and except where both parties to the suit agree upon a 6 referee to be appointed by the court, shall be made by 7 the sheriff of the county of Kings. In cases of sales on 8 foreclosure, he shall be entitled to receive the following 9 fees and no more:

10 For receiving order of sale and posting notices of 11 sale, ten dollars.

12

13

14

For attending sale, ten dollars.

For drawing each deed of premises sold, five dollars. For attending and adjourning a sale at the request of the 15 plaintiff in the action, or by order of the court, three 16 dollars.

17 For making report of sale, five dollars.

18

19

For paying over surplus moneys, three dollars. And all disbursements made by him for advertising 20 at the rates allowed by law therefor, fees of officers for 21 taking acknowledgments and administering oaths and

22 all auctioneers' fees actually paid by him to licensed 23 auctioneers, but not to exceed for such auctioneers' 24 fees, ten dollars for each parcel separately sold, which 25 auctioneers' fees shall be paid by the purchaser of the 26 parcel, in addition to the amount bid by him therefor. R. S., 2743, L. 1876, ch. 439.

1

(Post, pp. 1467a-1468a.)

§ 3343. Miscellaneous general definitions and rules 2 of construction. In construing this act, the following 3 rules must be observed, except where a contrary intent 4 is expressly declared in the provision to be construed, 5 or plainly apparent from the context thereof:

6

1. The "superior city courts" are, collectively, the 7 court of common pleas for the city and county of New 8 York, the superior court of the city of New York, the 9 superior court of Buffalo, and the city court of 10 Brooklyn.

11

2. The word "mandate," includes a writ, process or 12 other written direction, issued pursuant to law, out of a 13 court, or made pursuant to law, by a court, or a judge, 14 or a person acting as a judicial officer, and commanding 15 a court, board or other body, or an officer or other 16 person, named or otherwise designated therein, to do or 17 to refrain from doing an act therein specified.

18

3. The word "judge" includes a justice, surrogate, 19 recorder, justice of the peace, or other judicial officer, 20 authorized or required to act, or prohibited from acting, 21 in or with respect to the matter or thing referred to in 22 the provision wherein that word is used.

23 4. The word "clerk," signifies the clerk of the court 24 wherein the action or special proceeding is brought, or 25 wherein, or by whose authority the act is to be done, 26 which is referred to in the provision in which it is used. 27 If the action or special proceeding is brought, or the act 28 is to be done, in or by the authority of the supreme 29 court, it signifies the clerk of the county wherein the 30 action or special proceeding is triable, or the act is to be 31 done.

32 5. The word "report," when used in connection with 33 a trial or other inquiry, or a judgment, means a

34 referee's report; and the word "decision," when used in 35 the same connection, means the decision of the court 36 upon a hearing, or the trial of an issue, before the court 37 without a jury.

38 6. The words "real property," are co-extensive with 39 lands, tenements and hereditaments.

40

7. The words "personal property," include money, 41 chattels, things in action, and evidences of debt. The 42 word "chattel," is co-extensive with goods and chattels. 43 8. The word "property," includes real and personal 44 property.

45 9. A "personal injury," includes libel, slander, crim46 inal conversation, seduction and malicious prosecution; 47 also an assault, battery, false imprisonment, or other 48 actionable injury to the person, either of the plaintiff, 49 or of another.

50

10. An "injury to property," is an actionable act, 51 whereby the estate of another is lessened, other than a 52 personal injury, or the breach of a contract.

53

11. The word "affidavit," includes a verified pleading 54 in an action, or a verified petition or answer in a special 55 proceeding.

56

12. A warrant of attachment against property is said 57 to be "annulled," when the action, in which it was 58 granted, abates or is discontinued; or a final judgment 59 rendered therein in favor of the plaintiff, is fully paid; 60 or a final judgment is rendered therein in favor of the 61 defendant. But, in the case last specified, a stay of 62 proceedings suspends the effect of the annulment, and 63 the reversal or vacating of the judgment revives the 64 warrant.

65 13. The term "judgment creditor" signifies the person 66 who is entitled to collect, or otherwise enforce, in his 67 own right, a judgment for a sum of money, or directing 68 the payment of a sum of money.

69 14. A "judgment creditor's action" is an action 70 brought as prescribed in article first of title fourth of 71 chapter sixteenth of this act, or any other action 72 brought by a judgment creditor to aid the collection of

73 a judgment for a sum of money, or directing the pay74 ment of a sum of money.

75 15. The words "lunacy" and "lunatic," embrace 76 every description of unsoundness of mind, except 77 idiocy.

78 16. A "distinct parcel" of real property is a part of 79 the property, which is or may be set off by boundary 80 lines, as distinguished from an undivided share or 81 interest therein.

82 17. The word "territory," when applied to a portion 83 of the United States, without the state, includes the 84 District of Columbia.

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85 18. A "domestic corporation" is a corporation created 86 by or under the laws of the state or colony of New 87 York. Every other corporation is a foreign corporation. 19. The terms "trial juror" and "trial jury" are 89 respectively equivalent to the terms "petit juror" and 90 "petit jury," as used in the constitution and laws of the 91 state. The word "notify," as used with respect to pro92 curing the attendance of a juror, is equivalent to the 93 word "summon," as used in the like connection, in the 94 same constitution and laws.

95 20. The word "action" refers to a civil action; the 96 word "judgment" to a judgment in such an action; the 97 term "special proceeding" to a civil special proceeding; 98 the word "order" to an order made in such an action or 99 special proceeding; the words "an action of ejectment" 100 to an action to recover the immediate possession of real 101 property.

102 21. The term "public holiday" includes each of the 103 following days, to wit: the first day of January; the 104 twenty-second day of February; the thirtieth day of 105 May; the fourth day of July; the twenty-fifth day of 106 December, unless either of those days falls upon Sunday, 107 and, in that case, the next day thereafter; also each 108 general election day, and each day appointed by the 109 president of the United States or the governor of the 110 state, as a day of general thanksgiving, general fasting 111 and prayer, or other general religious observance.

112 22. Each of the words "now," "heretofore" and 113 "hereafter" refers to the time when the provision con114 taining it takes effect.

115 23. Where an instrument specified in this act is 116 described as. or expressly required to be written or 117 printed, it may be partly written and partly printed. 118 24. The word "folio" signifies one hundred words, 119 counting as a word each figure necessarily employed. Code, § 3343, with subdivision 18 amended.

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