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the person so filing a notice, or, if two or more persons have filed such notices, the one who holds the first lien, may, at any time before two o'clock of the day, not a Sunday or a public holiday, nest succeeding the last day of the year, redeem for his own benefit, in like manner as the lessee, his executor, administrator, or assignee might have so redeemed. Where two or more judgment creditors or mortgagees have filed such notices, the holder of the second lien may so redeem, at any time before two o'clock of the day, not a Sunday or a public holiday, next succeeding that in which the holder of the first lien might have redeemed; and the holder of the third and each subsequent lien, may redeem, in like manner, at any time before two o'clock of the day, not a Sunday or a public holiday, next succeeding that in which his predecessor might have redeemed. But a second or subsequent redemption is not valid, unless the person redeeming pays or tenders to each of his predecessors who has redeemed, the sum paid by him to redeem, and also the sum due upon his judgment or mortgage ; or deposits those sums with the judge or justice, for the benefit of his predecessor or predecessors.
L. 1842, ch. 240, 81(4 Edm. 461). Stuyvesant v. Gressler, 12 Abb. N. S. 6; People v. Fowler, 8 Alb. L. J. 207.
$ 2258. The last two sections qualified. Where & redemption is made, as prescribed in either of the last two sections, the rights of the person redeeming are subject to a lease, if any, executed by the petitioner, since the warrant was issued, so far that the new lessee, his assigns, undertenants, or other representatives, may, upon complying with the terms of the lease, hold the premises so leased until twelve o'clock, noon, of the first day of May, next succeeding the redemption. And, in all other respects, the person so redeeming, his assigns and representatives, succeed to all the rights and liabili. ties of the petitioner, under such a lease. New.
$ 2259. Order to be made thereupon; liability of person redeeming.–The person redeeming, as pre. Bcribed in the last three sections, or the owner of the property so redeemed, may present to the judge or justo ice who issued the warrant, or to his successor in office,
petition, duly verified, setting forth the facts of the
redemption, and praying for an order, establishing the rights and liabilities of the parties upon the redemption. Wbereupon the judge or justice must make an order re. quiring the other party to the redemption to show cause before him, at a time and place therein specified, why the prayer of the petition should not be granted. The order to show cause must be made returnable, not less than two nor inore than ten days, after it is granted; and it must be served at least two days before it is returnable. Upon the return thereof, the judge or justice must hear the allegations and proofs of the parties, and must make such a final order as justice requires. The costs and expenses must be paid by the petitioner. The final order, or a certified copy thereof, may be recorded in like manner as a deed. A person, other than the lessee, who redeems as prescribed in the last three sections, succeeds to all the duties and liabilities of the lessee, accruing after the redemption, as if he was named as lessee in the lease. New.
8 2260. Appeal.-An appeal may be taken from & final order, made as prescribed in this title, to the same court, within the same time, and in the same manner, as where an appeal is taken from a judgment rendered in the court, of which the judge or justice is the presiding officer, and with like effect; except as otherwise prescribed in the next two sections.
Substituted for 47, R. S., amended; L. 1868, ch. 828 * (7 Edm. 357), 852; L. 1949, ch. 193 (2 Edm. 531). Williams v. Bigelow, 11 low. 83; McIntire v. llernandez, 39 id. 121 ; s. C., 7 Abb. N. S. 214; Freeman v. Ogden, 17 Abb. 326, note; s. C., 40 N. Y. 105; People v. Willis, 5 Abb. 205; Romaine v Kingsheimer, 2 Hilt. 519; Hammond v. Carpenter, 29 How. 43; Deuel v. Rust, 24 Barb. 438; see Briggs ». Swales, 29 How. 201 ; 8. c., 19 Abb. 323;
People v. Boardman, 4 Keyes, 59; Matter of Com. missioners of Central Park, 50 N. Y. 493, 198; Matter of Long Island R. R. Co., 45 id. 364, 368; Starkweather v. Seeley, 15 Barb. 164.
$ 2261. [Amended, 1895.) Effect of appeal limited in certain cases. - The issuing or execution of the warrant can not be stayed by such an appeal, or by the giving of an undertaking thereupon, otherwise than as prescribed in the next section. An appeal can not be taken to the court of appeals, from a final determination of the appellate division of the supreme court, upon such an appeal, unless the latter court, by an order, made at the term of the appellate division where the final order is made, or the next term thereafter, allows it to be taken. In effect Jan. 1, 1896; L. 1895, ch. 946.
$ 2262. [Amended, 1895.] Warrants; how stayed on appeal.- Where an appeal is taken from a final order, awarding delivery of possession to the petitioner, which establishes that a lessee or tenant holds over, after a default in payment of rent or from an order or judgment affirming such final order, the issuing and execution of the warrant may be stayed by the order of the county judge, and in the city and county of New York by a justice of the supreme court, upon the appellant's giving the security required to perfect the appeal, and to stay the execution of the order ap. pealed from and also an undertaking to the petitioner in a sum and with sureties approved by the county judge or in the city and county of New York by a justice of the supreme court to the effect that if, upon the appeal, a final determination is rendered against the appellant he will pay all rents accruing or to accrue upon the premises, or if there is no lease thereof the value of the use and occupation of the premises subse. quent to the institution of the special proceedings. In effect Jan. 1, 1896; L. 1895, ch. 946.
$ 2263. Appellate court may award restitution; action for damages. -- If the final order is reversed upon the appeal, the appellate court may award restitu. tion to the party injured, with costs; and it may make any order, or issue any other mandate, necessary to carry its determination into effect. The person disposbessed may also maintain an action, to recover the dam. ages which he has sustained by the dispossession.
Secs. 48 and 49. Chretien 1. Doney, I N. Y. 419. People v. Matthews, bid. 451 ; s. c., 43 Barb. 168, Wolcott v. Schenk, 16 How. Pr. 449; People v. Hamilton, 15 Abb. Pr. 328; People v. McCaffrey, 42 Barb. 530 see Williams v. Bigelow, 11 Ilow. 83; Matter of Shotwell, 10 Johns. 304; People v. Shaw, I Caines, 125; Hayden v. Florence Sewing Machine Co. 64 N. Y. 221.
$ 2264. Application of this title; effect of final order. This title does not impair the rights of a laud. bord, lessor, or tenant, in a case not therein provided for. Where a special statutory provision confers & right to take proceedings, in the manner heretofore prescribed by law, for the summary removal of a per.
son in possession of real property, the proceedings thereunder must be taken as prescribed in this title. A final order, made in a special proceeding, taken as pre. scribed in this title, is not a bar to an action of eject ment, to recover the property affected thereby.
1d., & 50. Brown v. Mayor, 66 N. Y. 385; Jarvis v. Driggs, 69 id. I Evans v. Post. 5 Hun, 338.
$ 2265. How proceedings under this title to b stayed.- Where a petition is presented, as prescribed in this title the proceedings thereupon before the final order, and, if the final order awards delivery of the possession to the petitioner, the issuing or execution of the warrant thereupon, cannot be stayed or suspended by any court or judge, except in one of the following methods :
1. By an order made, or an undertaking filed, upon an appeal, in a case and in the manner specially prescribed for that purpose in this title.
2. By an injunction order, granted in an action against the petitioner. Such an injunction shali not be granted before the final order in the special proceeding, except in a case where an injunction would be granted to stay the proceedings, in an action of ejectment, brought by the petitioner, and upon the like terms; or after the final order, except in a case where an injunction would be granted to stay the execution of the final judgment in such an action, and upon the like terms.
R. S., & 47. James v. Stuyvesant, 3 Sandf. 665, note ; Capet v. Parker, id. 662; Cure v. Crawford, 5 How. Pr. 293; Wadsworth v. Lyon, id. 463; Marry v. James, 2 Daly, 137 ; 8. C., 37 How. Pr. 52; Bean v. Pettengill, 7 Robt. 7; 8. C., 2 Abb. N. S. 58; Forrester v. Wilson, 1 Duer, 624 Valloton v. Seignett, 2 Abb. Pr. 121; Graham 0. James, 7 Robt. 468 Griffeth v. Brown, 3 id. 628; S. C., 28 How. Pr. 4; 49 N.'Y. 227; Arm. strong v. Cummings, 20 Hun, 313.
Proceedings to punish a contempt of court, other than
a criminal contempt. Sec. 2266. Cases to which this title applies.
2267. When punishment may be summary.
Bro. 2270. Notice to delinquent omcer to show cause.
2271. Order or warrant; when granted out of court.
& 2266. Cases to which this title applies. In a case specified in section 14 of this act, or in any other case where it is specially prescribed by law, that a court of record, or a judge thereof, or a referee appointed by the court, has power to punish, by fine and imprisonment, or either, or generally as a contempt, a neglect or violation of duty, or other misconduct; and a right or remedy of & party to a civil action or special proceeding pending in the court, or before the judge or the referee, may be defeated, impaired, impeded or prejudiced thereby, the offence must be punished as prescribed in this title.
People v. R. & S. L. R. R. Co.,76 N. Y. 294 ; see & 870, ante. Tebo, 77 N. Y. 33; Satterlee v.De Comeau, 7 Rob.666; Harris v.Clark, 10 How. 415, 427; Titus v. Cortelyou, I Barb. 414; Deas v. Merle, 2 Paige, 494 ; Liv. Ingston v. Fitzgerald, 2 Barb. 396; Grantman v. Thrall, 31 How. 464; Peopler. Cowles, 4 Keyes, 38; Lansing v. Lansing, 4 Lans. 377; Grant's Case. 17 How. 260; s. c., 8 Abb. 357 ; Matter of Bleakiy, 5 Paige, 311; Bowling Green Savings Bank v. Todd, 52 N. Y. 489; People v. Brotherson, 36 Barb. 662; Seamanu. Duryea, 10 id, 523; 11 N. Y. 324; Frear's Case, 15 Abb. 350 ; People v. Kingsland, 3 Keyes, 325; s. C., 5 Abb. N. S. 90; Milham v. Sharp, 15 Barb. 193; People v. Spalding, 2 Paige, 326; Sul. hivan v. Judah, 4 id. 444; Mayor, etc., V. Conover, 5 Abb. 244; People v. Buurtevant, 9 N. Y. 263; People r. Albany & Vermont R. R. Co., 20 How. 358; 8. c., 12 Abb. 171; Erie R. R. Co. v. Ramsey, 57 Barb, 449; 8. C., 3 Lans. 178; 45 N. Y. 637; Schell v. Erie R. R. Co., 51 Barb. 368; 8. C., 35 How. 438; Hawley v. Bennett, 4 Paige, 163; Lansing v. Easton, 7 id. 364 ; Erie R. R. Co. v. Ramsey, 45 N. Y. 637 ; 'Howe v. Searing, 19 How. 14; 8. C., 6 Bosw. 354; 10 Abb. 264; Watson v. Fuller, 9 How. 425; Coddington v. Webb, 4 Sandf. 639; Riggs v. Whitney, 15 Abb. 388; Sud. low v. Knox, 7 Abb. N. S. 411; Hackley v. Kelley, 24 N. Y. 74; 8. c., 24 How. 369 ; Butterworth v. Stagy, 2 Johns. Cas. 291; Matter of Stacy, 10 Johns. 328; Dewitt v. People, 3 Johns. Cas. 568; Matter of Kahn, 11 Abb. 147 ; 8. C., 19 How. 475; People v. Stone, 10 Paige, 606 ; Gaughe v. Laroche, 14 How. 451 ; 6 Duer, 685; L'Amoureaux v. Crosby, 2 Paige, 422; Matter of Hiller, 3 id. 199; Browne. Nichols, 9 Abb. N. S. 1; 8. C., 42 N. Y. 2: Matter of Hopper, 5 Paige, 489; Matter of Lynch, id. 120; Peckt,