taking therefor. Such notice shall specify the names, places of residence and places of business of the proposed sureties upon such undertaking. [ADDED BY CH. 419 OF 1897. In effect Sept 1, 1897.]

3436. Undertaking to accompany application for discharge.The application shall be accompanied by an undertaking to the lien, executed by at least two sureties in a sum at least twice the amount specified in the warrant, to the effect that the person making the application for the discharge of the vessel will pay the amount of all claims and demands which shall be established to be due to the person in whose behalf the warrant was issued, and to have been a subsisting lien on the vessel at the time of its issue. The undertaking when found sufficient, must be approved by the justice to whom the application is made as to the sufficiency of the sureties, and the lienor may examine the sureties as to their sufficiency at such time and places as may be fixed by such justice. [ADDED BY CH. 419 OF 1897. In effect Sept. 1, 1897.]

§ 3437. Discharge of warrant.-When such undertaking shall have been executed, approved and delivered to the lienor and the taxed fees of the sheriff upon the seizure and detention of the vessel have been paid, the justice shall make an order discharging the warrant, and no futher proceedings against the vessel seized shall be had under this article founded upon any demand secured by such undertaking. [ADDED BY CH. 419 OF 1897. In effect Sept. 1, 1897.]

§ 3438. Action on undertaking.-The undertaking may be prosecuted by action in any court having jurisdiction thereof, at any time within three months after its delivery, but not afterward. If, in such action it is found that any sum is due the plaintiff which was a subsisting lien upon the vessel at the time the notice of lien was filed, the plaintiff shall have judgment for the recovery of the same with the costs and disbursements of the action and the costs of the proceedings for the seizing of the vessel and shall have execution therefor. If it is found in such action that no such lien existed, judgment shall be rendered against the plaintiff for the costs and disbursements of the action and the costs of the proceedings, including the amount paid the sheriff in the discharge of the vessel from the warrant. [ADDED BY CH. 419 of 1897. In effect Sept. 1, 1897.]

$3439. Costs of proceedings.-The costs of the proceedings in addition to the disbursements shall be: For filing notice of lien, two dollars. For applying for and procuring a warrant if the lien is fifty dollars or under, ten dollars; if the lien exceeds fifty dollars and is not more than two hundred and fifty dollars, twenty dollars; if the lien exceeds two hundred and fifty dollars, and is

not more than one thousand dollars, thirty dollars; if the lien exceeds one thousand dollars, forty dollars. For attending proceedings upon the discharge of the warrant on the execution of an undertaking, ten dollars.

The sheriff shall be entitled in any such proceedings to the following fees and expenses: For serving warrant, one dollar. For return of the same, one dollar. The necessary sums paid by him for the expense of keeping the vessel in custody, not exceeding two dollars and fifty cents for each day. The sheriff shall not receive any other or greater sums for any service rendered by him in any proceeding under this title, nor shall he be allowed expense of custody of the vessel upon more than one warrant at the same time. All costs, disbursements and fees shall be verified by affidavit and adjusted by the justices issuing the warrant. [ADDED BY CH. 419 OF 1897. In effect Sept. 1, 1897.]

§ 3440. Sheriff must return warrant.-A sheriff to whom a warrant may have been delivered pursuant to the provisions of this title, may be compelled by an order made by the justice issuing it, to return such warrant with his proceedings thereon and pay over moneys in his hands, and to take any necessary steps for the safety of the vessel, pursuant to any order for that purpose. Obedience to such order may be enforced by attachment against the sheriff on the application of any person interested therein. [ADDED BY CH. 419 OF 1897. In effect Sept. 1, 1897.]

3441. Discharge of lien before issue of warrant. When any notice of lien shall have been filed under this article and no war rant has been issued to enforce the same, any person interested in the vessel, may apply to any justice of the supreme court for leave to discharge the lien upon giving an undertaking therefor to the lienor. The application shall be in writing, and shall state the amount of the lien claimed and the grounds of the defense thereto, and the names of the persons proposed as sureties on such undertaking, with their respective residences and places of business. Upon presenting such application with proof that a copy thereof, with at least five days' notice of the time and place of presenting the same, has been served upon the lienor, such justice may, if no just cause be shown in opposition thereto, authorize the execution of such undertaking, which shall be to the same effect as an undertaking required in this article upon the application to discharge a warrant, and an action may be brought thereon in like manner. At the time of the presentation of such application the sureties proposed in such undertaking shall justify before such justice. When such undertaking has been executed and approved by such justice and delivered to the lienor, the justice shall direct the clerk with whom the notice of lien is filed to mark the same ag discharged, and it shall cease to be lien upon such vessel. [ADDED BY CH. 419 OF 1897. In effect Sept. 1, 1897.]

CHAPTER 449 OF 1876.

AN ACT explaining, defining and regulating the effect and application of, and otherwise relating to, the act passed at this session of the Legislature, entitled "An act relating to courts, officers of justice, and civil proceedings."

PASSED June 2, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Code of Remedial Justice. The act, passed at this session of the Legislature, entitled "An act relating to courts, officers of justice, and civil proceedings," constitutes a portion of the new revision of the statutes; and may be styled, in any act of the Legislature, or proceeding in a court of justice, or whenever it is otherwise referred to, as "The Code of Remedial Justice."

§ 2. Constitution. In construing that 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. "Superior city courts." The "superior city courts" are, collectively, the court 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. "Mandate." 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 thereof, or by 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. "Judge." The word, "judge," includes a justice, surrogate, recorder or other judicial officer, authorized or required to act, or prohibited from acting in the matter or thing referred to, in the provision in which that word is used.

4. "Clerk." The word, "clerk," signifies the clerk of the court, wherein the action or special proceeding is brought, or wherein, or by whese 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 where the action or special proceeding is triable, or the act is to be done.

5. "Report." 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. "Action of ejectment." An "action of ejectment" is an action to recover the possession of some specific real property.

7. “Judgment creditor's action." A "judgment creditor's action" is an action brought by a judgment creditor, pursuant to the provisions of sections thirty-eight and thirty-nine of title two of chapter one of part three of the Revised Statutes, or otherwise to aid in the collection of a judgment for a sum of money, or directing the payment of a sum of money.

8. "Personal injury." 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 of the plaintiff, or his or her wife, husband, child, or servant.

9. "Injury to property." 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.

10. "Requisition to replevy." Personal property taken by a sheriff, in an action to recover the possession thereof, pursuant to the plaintiff's claim of the immediate delivery thereof, is said to be "replevied;" and the indorsement in writing, upon the affidavit, in behalf of the plaintiff, requiring the sheriff to take the property from the defendant, and deliver it to the plaintiff, is styled "a requisition to replevy." Such a requisition is deemed to be the mandate of the court, in which the action is brought.

11. Annulment of a warrant of attachment. A warrant of attachment 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 latter case, a stay of proceedings suspends the effect of the annulment, the reversal or vacating of the judgment revives the warrant.

12. "Judgment creditor." The term "judgment creditor," signifies the person who is entitled to collect, or otherwise enforce, for his own immediate benefit, a judgment for a sum of money or directing the payment of a sum of money.

13. "Lunatic." The words, "lunacy," and "lunatic." embrace every description of unsoundness of mind, except idiocy.

14. "Distinct parcel." A "distinct parcei" of real property is a part of the property, which is or may be set off by boundary lines, as distinguished from an uncertain or undivided share or interest therein.

15. "Territory." The word, "territory," when applied to a portion of the United States, without the State, signifies a portion thereof where an organized territorial government exists, and includes the District of Columbia.

16. "Domestic" and "foreign corporations." A "domestic corporation" is a corporation created by or under the laws of the State. A "foreign corporation" is a corporation created by or under other laws.

17. "Action of dower." The term, "action for dower," includes all proceedings, authorized by the existing laws, to be taken, by or in behalf of a widow, for the admeasurement of her dower, or to recover the property admeasured, or the rents and profits thereof.

§ 3. "Trial juror" and "trial jury." "Notify." The terms, "trial juror," and "trial jury," as used in that act, are respectively equivalent to the terms, "petit juror," and "petit jury," heretofore used in the Constitution and laws of the State. The word "notify" as used in that act, with respect to procuring the attendance of a juror, is equivalent to the word "summon," as heretofore used in the like connection, in the same Constitution and laws.

§ 4. "Action" "Judgment." "Special proceeding." "Order." In that act, and in this act, 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; and the word "order" to an order made in such an action or special proceeding; except where a contrary intent is expressly declared in the provision containing the word or term or plainly apparent in the context thereof.

§ 5. Application and effect of certain portions of the act. The application and effect of certain portions of that 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 specifies the courts, persons or proceedings, affected thereby, that provision is to be deemed excluded from the application and effect, prescribed in the subdivision.

1. Chapter second. In chapter second, the prisoners referred to are civil prisoners only.

2. Chapter third. In chapter third, the provisions of the sections three hundred and three, three hundred and four, three hundred and five and three hundred and six, 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.

3. Chapter fifth. In chapter fifth, sections four hundred and fifty, four hundred and fifty-four, four hundred and fifty-five and four hundred and sixty-eight, apply to an action commenced, in any court of the State, on or after the first day of May, eighteen hundred and seventy-seven.

4. Chapters fifth and sixth. The remainder of chapter fifth, and the whole of chapter sixth, apply only to an action commenced, on or after the first day of May, eighteen hundred and seventy-seven, in the supreme court, a superior city court, the marine court of the city of New York, or a county court. If, before that date, in an action brought in either of those courts, a summons has been served upon one or more of two or more defendants, or an order for the service of a summons by publication has been made, chapters fifth and sixth do not apply to that action.

5. Chapter seventh Chapter seventh, excluding section five hundred and forty-eight, and article first of title fourth thereof, applies only to an action in one of the courts specified in subdivision fourth of this section, in which an application for an order of arrest, an injunction, or a warrant of attachment, is made on or after the first day of May, eighteen hundred and seventy-seven. Article first of title fourth of that chapter applies only to proceedings taken, as therein prescribed, on or after that date.

6. Chapter eight. Chapter eight applies only to the proceedings taken, on or after the first day of May eighteen hundred and seventy-seven, in an action or special proceeding in one of the courts specified in subdivision fourth of this section; except that sections seven hundred and twenty-five, seven hundred and twenty-six, and seven hundred and twenty-seven, apply to an courts of record, sections seven hundred and twenty-eight, seven hundred and twenty-nine, and seven hundred and thirty, to proceedings in any