new lessee, his assigns, undertenants or other representatives may, upon complying with the terms of the lease, hold the prem ises 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 liabilities of the petitioner, under such a lease. [Code, § 2258, without change.] § 523. Order to be made thereon; liability of person redeeming. The person redeeming as prescribed in the last three seotions, or the owner of the property so redeemed, may present to the judge or justice who issued the warrant, or to his successor in office, a petition, duly verified, setting forth the facts of the redemption, and praying for an order, establishing the rights and liabilities of the parties on the redemption. Whereupon the judge or justice must make an order, requiring 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. On 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. [Code, § 2259, without change.] § 524. Appeal.-An appeal may be taken from a final order, made as prescribed in this article, 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. [Code, § 2260, without change.] § 525. Effect of appeal limited in certain cases.-The issuing or execution of the warrant cannot be stayed by such an appeal, or by the giving of an undertaking thereon, otherwise than as prescribed in the next section. An appeal cannot be taken to the court of appeals, from a final determination of the appellate division of the supreme court, on 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. [Code, § 2261, without change.] § 526. 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, on 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, on the appeal, a final determination is rendered against the appellant, he will pay all rents accruing or to accrue on the premises, or if there is no lease thereof, the value of the use and occupation of the premises, subsequent to the institution of the special pro ceedings. [Code, § 2262, --- § 527. Appellate court may award restitution; action for damages. If the final order is reversed on the appeal, the appellate court may award restitution 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 dispossessed may also maintain an action to recover the damages which he has sustained by the dispossession. [Code, § 2263, without change.] § 528. Application of this article; effect of final order. This article does not impair the rights of a landlord, lessor or tenant in a case not therein provided for. Where a special statutory provision confers a right to take proceedings, in the manner heretofore prescribed by law, for the summary removal of a person in possession of real property, the proceedings thereunder must be taken as prescribed in this article. A final order made in a special proceeding taken as prescribed in this article, is not a bar to an action of ejectment, to recover the property affected thereby. [Code, § 2264, without change.] § 529. How proceedings under this article to be stayed.— Where a petition is presented, as prescribed in this article, the proceedings thereon before the final order, and, if the final order awards delivery of the possession to the petitioner, the issuing or execution of the warrant thereon, 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, on an appeal, in a case and in the manner specially prescribed for that purpose in this article. 2. By an injunction order, granted in an action against the petitioner. Such an injunction shall 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 on the like terms; or after the final order, except in a case where an injunc tion would be granted to stay the execution of the final judgment in such an action, and on the like terms. 3. The issuing or execution of the warrant on a final order may for the purpose of an appeal be stayed or suspended in any case by a judge of the appellate court, on the application of the lessee or tenant, and on five days' notice to the petitioner. Such order shall prescribe the terms and conditions of the stay, and shall require adequate security, approved by the judge, to indemnify the petitioner for any costs, loss, expenses or damages which he may sustain by reason of the stay. The judge may, without notice, grant a temporary stay not exceeding ten days pending the hearing on such application. new. [Code, § 2265, without change, except that subdivision 3 18 This subdivision is added to cover cases to which the attention of the commissioners has been called, in which injustice might be done to the lessee or tenant, if he is absolutely deprived of the right to a stay on appeal, and is unable to make the proof required in other cases mentioned in this section. The general right to a stay of proceedings on behalf of the lessee seems to be now confined to cases of nonpayment of rent. The commissioners think that the appellate court should be permitted to exercise its discretion, after hearing the parties, to grant a stay for the purposes of the appeal, on ample security being provided for the protection of the petitioner.] ARTICLE XVIII. BONDS AND UNDERTAKINGS. Section 535. Bonds and undertakings; sureties and acknowledg ments. 536. Bond or undertaking to be filed. 537. Certain bonds, when sufficient. 538. Amending defects in bonds. Section 539. Form of bond or undertaking; affidavit of sureties; approval. 540. Party need not join with his sureties, when one surety sufficient. 541. Deposit after giving bond. 542. Bonds to the people or a public officer, for the benefit of a suitor. 543. When people or municipal corporation not required to give security. 544. Bonds not affected by change of parties. Section 535. Bonds and undertakings; sureties and acknowledgments. A bond or undertaking given in an action or special proceeding must be executed by at least one surety, and be acknowl edged or proved and certified in like manner as a deed to be recorded. [Code, § 810, rewritten, adding a provision requiring at least one surety in every bond or undertaking.] § 536. Bond or undertaking to be filed.-A bond or undertaking required by this chapter must be filed with the justice, or with the clerk of any other court in which the action or proceeding is pending; except where in a special case a different disposition thereof is directed by the court or prescribed in this chapter. [Code, § 815, rewritten and providing for filing the bond or undertaking with the justice in ordinary cases. The provision for filing with the clerk of the court in other cases is retained.] § 537. Certain bonds; when sufficient.-A bond or undertaking required by statute to be given by a person to entitle him to a right or privilege, or to take a proceeding, is sufficient if it conforms substantially to the form therefor prescribed by the stat ute, and does not vary therefrom to the prejudice of the rights of the party to whom or for whose benefit it is given. [Code, § 729, without change.] |