ny waste upon or injury to the property, during his n thereof.

44, am'd by L. 1857, ch. 684; and §§ 45 and 46.

Undertaking; how disposed of.

an undertaking is given, in a case specified in subrst of the last section, the judge or justice must deliver person against whom the final order was made, upon cing the evidence of payment, mentioned in that subIf he does not produce such evidence within ten days, or justice must deliver it to the petitioner. In every e specified in the last section, the judge or justice must e undertaking to the petitioner, immediately after his hereof.

Redemption by lessee.

the special proceeding is founded upon an allegation see holds over, after a default in the payment of rent, nexpired term of the lease, under which the premises exceeds five years, at the time when the warrant is islessee, his executor, administrator, or assignee, may, e within one year after the execution of the warrant, der to the petitioner, his heir, executor, administrator, e, or if, within five days before the expiration of the annot, with reasonable diligence, be found within the vn, wherein the property, or a portion thereof, is situto the judge or justice who issued the warrant, or his in office, all rent in arrear at the time of the payment with interest thereupon, and the costs and charges y the petitioner. Thereupon the person making the r tender, shall be entitled to the possession of the emises, under the lease, and may hold and enjoy the rding to the terms of the original demise, except as prescribed in the next section but one.

. 240, § 1 (4 Edm. 661), am'd.

d.; by creditor of lessee.

e specified in the last section, a judgment creditor of whose judgment was docketed in the county, before was issued, or a mortgagee of the lease, whose mortduly recorded, in the county, before the precept was 7, at any time before the expiration of one year after on of the warrant, unless a redemption has been made ed in the last section, file with the judge or justice the warrant, or with his successor in office, a notice, his interest and the sum due to him; describing the nd stating that it is his intention to redeem as prehis section. If a redemption is not made by the lessee, r, administrator, or assignee, within a year after the f the warrant, the person so filing a notice, or, if two rsons have filed such notices, the one who holds the ay, at any time before two o'clock of the day, not a a public holiday, next succeeding the last day of the n for his own benefit, in like manner as the lessee, his dministrator, or assignee might have so redeemed. or more judgment creditors or mortgagees have filed s, the holder of the second lien may so redeem, at fore two o'clock of the day, not a Sunday or a public

holiday, next succeeding that in which the holder of the firs lien might have redeemed; and the holder of the third and end subsequent lien, may redeem, in like manner, at any time befor two o'clock of the day, not a Sunday or a public holiday, nex succeeding that in which his predecessor might have redeeme But a second or subsequent redemption is not valid, unless th person redeeming pays or tenders to each of his predecessors w! has redeemed, the sum paid by him to redeem, and also the s due upon his judgment or mortgage; or deposits those sums wit the judge or justice, for the benefit of his predecessor or pre

cessors.

L. 1842, ch. 240, § 1 (4 Edm. 461).

§ 2258. The last two sections qualified.

Where a redemption is made, as prescribed in either of the la two sections, the rights of the person redeeming are subject a lease, if any, executed by the petitioner, since the warrant wa issued, so far that the new lessee, his assigns, undertenants, other representatives, may, upon complying with the terms the lease, hold the premises so leased until twelve o'clock, no of the first day of May, next succeeding the redemption. A in all other respects, the person so redeeming, his assigns representatives, succeed to all the rights and liabilities of :: petitioner, under such a lease.

§ 2259. Order to be made thereupon; liability of pers redeeming.

The person redeeming, as prescribed in the last three sectic: or the owner of the property so redeemed, may present to judge or justice who issued the warrant, or to his successor office, a petition, duly verified, setting forth the facts of redemption, and praying for an order, establishing the rights as liabilities of the parties upon the redemption. Whereupon judge or justice must make an order requiring the other par to the redemption to show cause before him, at a time and p therein specified, why the prayer of the petition should not granted. The order to show cause must be made returnable, : less than two nor more than ten days, after it is granted: it must be served at least two days before it is returnable. [ the return thereof, the judge or justice must hear the allegati and proofs of the parties, and must make such a final order justice requires. The costs and expenses must be paid by petitioner. The final order, or a certified copy thereof, r be recorded in like manner as a deed. A person, other than i lessee, who redeems as prescribed in the last three sections, ceeds to all the duties and liabilities of the lessee, accruing aft 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 prescr in this title, to the same court, within the same time, and in ' same manner, as where an appeal is taken from a judgment dered in the court, of which the judge or justice is the presid officer, and with like effect; except as otherwise prescribed in 'i next two sections.

Substituted for § 47, R. S., am'd; L. 1868, ch. 828 (7 Edm. 357), § 5 L. 1849, ch. 193 (2 Edm. 534).

[Am'd, 1895.] Effect of appeal limited in certain

uing or execution of the warrant can not be stayed by appeal, or by the giving of an undertaking thereupon, than as prescribed in the next section. An appeal can ken to the court of appeals, from a final determination bellate division of the supreme court, upon such an apss the latter court, by an order, made at the term of ate division where the final order is made, or the next eafter, allows it to be taken.

1. 946.

[Am'd, 1895.] Warrants; how stayed on appeal. n appeal is taken from a final order, awarding delivery ion to the petitioner, which establishes that a lessee or ds over, after a default in payment of rent or from an judgment affirming such final order, the issuing and of the warrant may be stayed by the order of the ge, and in the city and county of New York by a the supreme court, upon the appellant's giving the seuired to perfect the appeal, and to stay the execution er appealed from and also an undertaking to the petisum and with sureties approved by the county judge city and county of New York by a justice of the surt to the effect that if, upon the appeal, a final deters rendered against the appellant he will pay all rents r to accrue upon the premises, or if there is no lease · value of the use and occupation of the premises subthe institution of the special proceedings.

. 946.

Appellate court may award restitution; action

ges.

nal order is reversed upon the appeal, the appellate award restitution to the party injured, with costs; make an order, or issue any other mandate, necessary s determination into effect. The person dispossessed aintain an action, to recover the damages which he ed by the dispossession.

and 49, R. S.

pplication of this title; effect of final order. does not impair the rights of a landlord, lessor, or case not therein provided for. Where a special statuon confers a right to take proceedings, in the manner prescribed by law, for the summary removal of a peression of real property, the proceedings thereunder en as prescribed in this title. A final order, made in roceeding, taken as prescribed in this title, is not a action of ejectment, to recover the property affected

w proceedings under this title to be stayed. petition is presented, as prescribed in this title, the thereupon before the final order, and if the final s delivery of the possession to the petitioner, the issu

ing or execution of the warrant thereupon, cannot be stayed suspended by any court or judge, except in one of the followi methods:

1. By an order made, or an undertaking filed, upon an appe in a case and in the manner specially prescribed for that purp in this title.

2. By an injunction order, granted in an action against petitioner. Such an injunction shall not be granted before final order in the special proceeding, except in a case where injunction would be granted to stay the proceedings, in an act of ejectment, brought by the petitioner, and upon the like ter or after the final order, except in a case where an injunct would be granted to stay the execution of the final judgm in such an action, and upon the like terms.

R. S., § 47.

612

TITLE III.

dings to punish a contempt of court, other than a criminal contempt.

Cases to which this title applies.

When punishment may be summary.

When warrant to commit may issue without notice.
Order to show cause, or warrant to attach offender.
Notice to delinquent officer to show cause.
Order or warrant; when granted out of court.

[d.; when contempt was committed before a referee.
Effect of order to show cause, and of warrant.
Copy affidavit, etc., to be served with warrant.
ndorsement upon warrant.

Varrant; how executed.

Undertaking to procure discharge.
When habeas corpus may issue.

Sheriff to file undertaking with return.
nterrogatories and proofs.

When and how accused to be punished. d.; upon return of habeas corpus.

d.; upon return of order to show cause. mount of fine.

ength of imprisonment.

When court may release offender.

ffender liable to indictment.

roceedings when accused does not appear.

ndertaking; when prosecuted by person aggrieved. 1.; by attorney-general, etc.

heriff liable for taking insufficient sureties. unishment of misconduct at trial term.

Cases to which this title applies.

e specified in section 14 of this act, or in any other case is specially prescribed by law, that a court of record, thereof, or a referee appointed by the court, has power by fine and imprisonment, or either, or generally as a a neglect or violation of duty, or other misconduct; t or remedy of a party to a civil action or special pronding in the court, or before the judge or the referee, feated, impaired, impeded or prejudiced thereby, the st be punished as prescribed in this title.

ante.

When punishment may be summary. he offence is committed in the immediate view and the court, or of the judge or referee, upon a trial or may be punished summarily. For that purpose, an be made by the court, judge, or referee, stating the a constitute the offence, and bring the case within the of this section, and plainly and specifically prescribing ment to be inflicted therefor.

§ 2 (2 Edm. 554). See § 1018, ante.

When warrant to commit may issue without

e offence consists of a neglect or refusal to obey an e court, requiring the payment of costs, or of a specimoney, and the court is satisfied, by proof, by affia personal demand thereof has been made, and that payof has been refused or neglected; it may issue, without arrant to commit the offender to prison, until the costs