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The Union Surety and Guaranty 09.



exceeding twenty-five dollars and disbursements, may be awarded to the prevailing party; and the payment thereof may be enforced, in like manner as the payment of costs upon a motion in an action.

§ 2378. Upon the granting of an order, confirming, modifying, or correcting an award, judgment may be entered in conformity therewith, as upon a referee's report in an action, except as is otherwise prescribed in this title. Costs of the application, and of the proceedings subsequent thereto, not exceeding twenty-five dollars and disbursements, may be awarded by the court, in its discretion. If awarded, the amount thereof must be included in the judgment.

2379. Immediately after entering judgment, the clerk must attach together and file the following papers, which constitute the judgment roll:

1. The submission; the selection or appointment, if any, of an additional arbitrator, or umpire; and each written extension of the time, if any, within which to make the award.

2. The award.

3. Each notice, affidavit, or other paper, used upon an application to confirm, modify, or correct the award, and a cop of each order of the court, upon such an application. 4. A copy of the judgment.

The judgment may be docketed, as if it was rendered in an action.

2380. The judgment so entered has the same force and effect, in all respects, as, and is subject to all the provisions of law relating to, a judgment in an action; and it may be enforced, as if it had been rendered in an action in the court in which it is entered.

§ 2381. An appeal may be taken from an order vacat- 5 Civ. Pra ing an award, or from a judgment entered upon an award, 279. as from an order or judgment in an action. The proceedings upon such an appeal, including the judgment thereupon, and the enforcement of the judgment, are governed by the provisions of chapter twelfth of this act, as far as they are applicable.

2332. The death of a party to a submission, made ether as prescribed in this title or otherwise, or the appointinent of a committee of the person or property of such a party, as prescribed in title sixth of this chapter, operates as a revocation of the submission, if it occurs before the award is filed or delivered; but not afterwards. Where a party dies afterwards, if the submission contains a stipu lation, authorizing the entry of a judgment upon the award, the award may be confirmed, vacated, modified, or cor rected, upon the application of, or upon notice to, his executor or administrator, or a temporary administrator of his estate: or, where it relates to real property, his heir or de

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is delivered, as prescribed in subdivision third of the last ion but one, must forthwith affix it in a book, kept in office for that purpose; must make and subscribe a te, at the bottom of the copy, of the time when he ved and affixed it; and must index the notice to the e of the morgagor.

2391. The notice of sale must specify :

The names of the mortgagor, of the mortgagee, and h assignee of the mortgage.

The date of the mortgage, and the time when, and ace where, it is recorded.

The sum claimed to be due upon the mortgage, at the
f the first publication of the notice; and, if any sum
1 by the mortgage is not then due, the amount to
due thereupon.

description of the mortgaged property, conforming
tially to that contained in the mortgage.

92. The sale may be postponed, from time to time.
case, a notice of the postponement must be published,
as practicable thereafter, in the newspaper in which
inal notice was published; and the publication of
inal notice, and of each notice of postponement,
continued, at least once in each week, untill the
hich the sale is finally postponed.

3. The sale must be at public auction, in the day. 51 Hum, 45%
A day other than Sunday or a public holiday, in
y in which the mortgaged property, or a part
situated; except that, where the mortgage is to
of the State, the sale may be made at the capitol.
perty consists of two or more distinct farms,
ots, they must be sold separately; and as many
distinct farms, tracts, or lots, shall be sold, as it
to sell, in order to satisfy the amount due at the
sale, and the costs and expenses allowed by law.
two or more buildings are situated upon the
t, and access to one is obtained through the
must be sold together.

The mortgagee, or his assignee, or the legal rep-
of either, may, fairly and in good faith, pur-
rtgaged property, or any part thereof, at the

Am'd 1889.] A sale, made and conducted as

this title, to a purchaser in good faith, is
a sale, pursuant to judgment in an action to
ortgage, so far only as to be an entire bar of
quity of redemption, upon, or with respect to
sold, of each of the following persons:
rtgagor, his heir, devisee, executor or admin-

on, claiming under any of them, by virtue
of lien by judgment or decree, subsequent

15 Civ. Pro. 80.

219 N.Y.475.

87 Hun, 140. 157 N.Y. 633.

157 N.Y. 633.

visee, who has succeeded to his interest in the real property. Where a committee of the property, or of the person, of a party, is appointed, after the award is filed or delivered, the award may be confirmed, vacated, modified, or corrected. upon the application of, or notice to, a committee of the property; but not otherwise. In a case specified in this section, a judge of the court may make an order, extending the time within which notice of a motion to vacate, modify, or correct the award, must be served. Upon confirming an award, where a party has died since it was filed or delivered. the court must enter judgment in the name of the original party; and the proceedings thereupon are the same, as where a party dies after a verdict.

§ 2383. A submission to arbitration, made either as prescribed in this title or otherwise, cannot be revoked by either party, after the allegations and proofs of the parties have been closed, and the matter finally submitted to the arbitrators for their decision. A revocation, when allowed. must be made by an instrument in writing, signed by the revok ing party, or his authorized agent, and delivered to the arbi trators, or one of them; and it is not necessary, in any case, that the instrument of revocation should be under seal. Any party to a submission may thus revoke it; whether he is a sole party to the controversy, or one of two or more parties on the same side.

2384. Where a party expressly revokes a submission, made either as prescribed in this title or otherwise, any other party to the submission may maintain an action against him, and also against his sureties, if any, upon the submission, or any instrument collateral thereto, in which action the plaintiff may recover all the costs and other expenses, and all the damages, which he has incurred in preparing for the arbitration, and in conducting the proceedings to the time of the revocation. Either of the arbitrators may recover, in an action against the revoking party, bis reasonable fees and expenses.

2385. A sum, penalty, forfeiture, or damages, shall not be recovered for a revocation of a submission to arbitration, made either as prescribed in this title or otherwise, except as prescribed in the last section; notwithstanding any stipulated damages, penalty, or forfeiture, expressed in the submission, or in any instrument collateral thereto.

2386. This title does not affect any right of action in affirmance, disaffirmance, or for the modification of a submission, made either as prescribed in this title or otherwise, or upon an instrument collateral thereto, or upon an award made or purporting to be made in pursuance thereof. And, except as o herwise expressly prescribed therein, this title does not affect a submission, made otherwise than as prescribed therein, or any proceedings taken pursuant to such ■ submission, or any instrument collateral thereto.

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2387. A mortgage upon real property, situated with in the State, containing therein a power to the mortgagee, or any other person, to sell the mortgaged property, upon default being made in a condition of the mortgage, may be foreclosed, in the manner prescribed in this title, where the following requisites concur :

1. Default has been made in a condition of the mortgage, whereby the power to sell has become operative.

2. An action has not been brought to recover the debt secured by the mortgage, or any part thereof; or, if such an action has been brought, it has been discontinued, or final judgment has been rendered therein against the plaintiff, or an execution, issued upon a judgment rendered therein in favor of the plaintiff, has been returned wholly or partly unsatisfied.

3. The mortgage has been recorded in the proper book for recording mortgages, in the county wherein the prop erty is situated.

§ 2388. [Am'd 1894.] The person entitled to execute the power of sale, must give notice, in the following manner, that the mortgage will be foreclosed, by a sale of the mortgaged property, or a part thereof, at a time and place specified in the notice:

1. [Am'd 1894, amendment to take effect September 1, 1894.] A copy of the notice must be published at least once in each of the twelve weeks immediately preceding the day of sale in a newspaper published in the county, or in a municipal corporation, a part of which is within the county, in which the property to be sold or a part thereof is situated.

2. A copy of the notice must be fastened up, at least eighty-four days before the day of sale, in a conspicuous place, at or near the entrance of the building, where the County court of each county, wherein the property to be sold is situated, is directed to be held; or, if there are two or more such buildings in the same county, then in a like place, at or near the entrance of the building nearest to the property; or, in the city and county of New York, in a

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