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redemption, and praying for an order, establishing the rights and liabilities of the parties upon the redemption. Whereupon 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 more 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.


§ 2260. Appeal.-An appeal may be taken from a 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). 52; L. 1849, ch. 193 (2 Edm. 534). Williams v. Bigelow, 11 How. 83; McIntire v. Hernandez, 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; s. c., 19 Abb. 323; People v. Boardman, 4 Keyes, 59; Matter of Com missioners of Central Park, 50 N. Y. 493, 498; Matter of Long Island R. R. Co., 45 id. 364, 368; Starkweather v. Seeley, 45 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 appealed 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 dispos sessed may also maintain an action, to recover the dam ages which he has sustained by the dispossession.


Secs. 48 and 49. Chretien v. Doney, 1 N. Y. 419. People v. Matthews, 38 id. 451; 8. 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 How. 83; Matter of Shotwell, 10 Johns. 304; People v. Shaw, 1 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 lord, 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 prescribed in this title, is not a bar to an action of eject ment, to recover the property affected thereby.

Id., 50. Brown v. Mayor, 66 N. Y. 385; Jarvis v. Driggs, 69 id. 1 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, 437; s. 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 v. 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.

2268. When warrant to commit may issue without notice.
2269. Order to show cause, or warrant to attach offender.

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SEc. 2270. Notice to delinquent officer to show cause.

2271. Order or warrant; when granted out of court.
2272. Id.; when contempt was committed before a referee.
2273. Effect of order to show cause, and of warrant.
2274. Copy affidavit, etc., to be served with warrant.
2275. Indorsement upon warrant.
2276. Warrant; how executed.
2277. Undertaking to procure discharge.
2278. When habeas corpus may issue.

2279. Sheriff to file undertaking with return.

2280. Interrogatories and proofs.

2281. When and how accused to be punished.
2282. Id.; upon return of habeas corpus.

2283. Id.; upon return of order to show cause.
2284. Amount of fine.

2285. Length of imprisonment.

2286. When court may release offender.

2287. Offender liable to indictment.

2288. Proceedings when accused does not appear.

2289. Undertaking; when prosecuted by person aggrieved.
2290. Id.; by attorney-general, etc.

2291. Sheriff liable for taking insufficient sureties.
2292. Punishment of misconduct at trial term.

§ 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 a 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; People v. Cowles, 4 Keyes, 38; Lansing v. Lansing, 4 Lans. 377; Grant's Case, 17 How. 260; s. c., 8 Abb. 357; Matter of Bleakly, 5 Paige, 311; Bowling Green Savings Bank v. Todd, 52 N. Y. 489; People v. Brotherson, 36 Barb. 662: Seaman v. 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; Sullivan v. Judah, 4 id. 444: Mayor, etc., v. Conover, 5 Abb. 244; People v. Sturtevant, 9 N. Y. 263; People v. Albany & Vermont R. R. Co., 20 How. 358; s. 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; s. 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; Sudlow v. Knox, 7 Abb. N. S. 411; Hackley v. Kelley, 24 N. Y. 74; s. c., 24 How. 369; Butterworth v. Stagg, 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; Brown e. Nichols, 9 Abb. N. S. 1; s. c., 42 N. Y. 26: Matter of Hopper, 5 Paige, 489; Matter of Lynch, id. 120; Peck,

Yorks, 32 How. 408; Kennedy v. Weed, 10 Abb. 62; Sudlow v. Knox, 7 Abb. N. S. 411; Kiernan v. Abbott, 1 Hun, 109; Bowen v. Hunter, 45 How. 193; Central Nat. Bank of N. Y. v. Arthur, 2 Sweeny, 194; Mitchell's Case, 12 Abb. 249, C. P.; Matter of Hackley, 24 N. Y. 74; Foster v. Townshend, 2 Abb. N. C. Ct. App.; People v. Holdridge, 4 Lans. 511; People v. Dewitt, 3 Johns. Cas. 568; Hull v. L'Eplattiner, 49 How. 500; s. c., 5 Daly, 534; Matter of Lynch, 5 Paige, 120; West Side Bank v. Pugsley, 12 Abb. N. S. 28; s. C., 47 N. Y. 368; Wolf v. Jacobs, 36 N.Y.Super. Ct.468; People v. Rogers, 2 Paige, 103; Taggard v. Talcott, 2 Edw. Ch. 628; Ross v. Clussman, 3 Sandf. 676; Fenner v. Sandburn, 37 Barb. 610; People v. Sturtevant, 9 N. Y. 263; Wilmerdings v. Fowler, 14 Abb. N. S. 249; Matter of Kelly, 62 N. Y. 198; 3 Hun, 636; People v. Vail, 2 Cow. 623; Matter of Nichols, 54 N. Y. 62; Conover v. Wood, 6 Duer, 682; Mayor v. Pendleton, 64 N. Y. 623; Watson v. Fuller, 9 How. 425; Batterman v. Finn, 32 How. 501; Bergh's Case, 16 Abb. Pr. N. S. 266 Klugman's Case, 49 How. 484; Bernard v. Leo, 7 Da. Reg. 1069, 1213; McComb v. Weaver, 11 Hun, 271; McKelsey v. Lewis, 3 Abb. N. C. 61.

2267. When punishment may be summary: Where the offence is committed in the immediate view and presence of the court, or of the judge or referee, upon a trial or hearing, it may be punished summarily. For that purpose, an order must be made by the court, judge, or referee, stating the facts which constitute the offence, and bring the case within the provisions this section, and plainly and specifically prescribing the punishment to be inflicted therefor.

2 R. S. 535, 2 (2 Edm. 554); see 1018, ante. Matter of Hackley, 24 N. Y. 74; 24 How. 369; 12 Abb. 150; 21 How. 54; Matter of Percy, 2 Daly, 530.

§2268. When warrant to commit may issue without notice.- Where the offence consists of a neglect or refusal to obey an order of the court, requiring the payment of costs, or of a specified sum of money, and the court is satisfied, by proof, by affidavit, that a personal demand thereof has been made, and that payment thereof has been refused or neglected; it may issue, without notice, a warrant to commit the offender to prison, until the costs or other sum of money, and the costs and expenses of the proceeding, are paid, or until he is discharged according to law.

Id., 4, amended by L. 1847, ch. 390, 22 (4 Edm. 630). See Ford v. Ford, 10 Abb. N. S. 74; People v. Cowles, 3 Abb. Ct. App. 507; s. C., Keyes, 38; Matter of Watson, 5 Lans. 466; People v. Campbell, 40 N.. 133; see Lansing v. Lansing, 4 Lans. 377; Matter of Smethhurst, 3 Code R. 55; s. c., 2 Sandf. 721; 4 How. 369; Albany City Bank v. Schermer horn, 9 Paige, 372; McCredie v. Senior, 4 id. 378; Pitt v. Davison, 37 N. Y. 235; 8. C., 3 Abb. N. S. 398; 34 How. 355; People v. Bergen, 6 Hun, 267; Fisher v. Raab, 9 W. Dig. ; 56 How. 218.

$2269. Order to show cause, or warrant to attach offender.— The court or judge, authorized to punish for the offence, may, in its or his discretion, where the

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