§ 784. Undertaking by debtor after arrest. 786. Examination before judge or referee. 787. In what county attendance for examination may be compelled. 789. Oath of referee. 790. Proceedings upon examination and adjournments. 791. Privilege of party or witness upon examination. 792. Order permitting person indebted to pay debt to sheriff. 793. Order requiring delivery of money or property to sheriff or receiver. 794. Duty of sheriff to whom money or property delivered. 795. Application of money or property. 796. Order affecting money or property where proceeding discontinued or surplus remains. 797. Injunction restraining transfer or interference. 798. Mode of service of certain orders. 799. Service of warrant of arrest. 800. Punishment for disobedience of order. 801. Continuance of proceedings before another judge in certain cases. 802. Discontinuance or dismissal of proceedings. 803. Costs to judgment creditor. 804. Costs to judgment debtor. 805. Appointment of receiver. 806. Notice when other action or proceeding pending. 807. Extension of existing receivership. 808. Receiver must be resident of state. 809. Vesting of property in receiver. 810. Extension of receiver's title to personal property. 811. Regulations affecting control of receiver and his accounts. 812. Filing of receivership orders. 813. Duties of county clerk as to order. ART. 46-ARREST, INJUNCTION AND ATTACHMENT; GENERAL PROVISIONS § 814. Order or warrant to which this article applies. 815. Application for order or warrant without notice. 816. Proof on application or hearing. 817. By whom order or warrant may be granted. 818. At what time the order or warrant may be granted. 819. Security. 820. Liability of municipal corporation as surety, if security dispensed with. 821. Order or warrant to recite the grounds therefor. 822. New proof to sustain order or warrant, upon hearing of application to vacate; amending recitals. 823. Arrest, injunction and attachment, when not to be granted together. ART. 47-ARREST; WHEN ALLOWED § 826. Right to arrest depending upon the nature of the action. 829. Woman not to be arrested; exceptions. 830. Discharge of idiot, lunatic, or infant under fourteen, if arrested. 831. Arrest of person sued in a representative capacity. 832. New order of arrest when sick prisoner escapes. ART. 48-ARREST, GRANTING, EXECUTING AND VACATING THE ORDER § 833. Facts to be shown to obtain order of arrest. 834. Complaint or amended complaint as part of the moving papers. 835. Terms of undertaking. 836. Security upon order of arrest granted by the court. 837. Security dispensed within certain cases. 838. Optional directions in the order of arrest. 839. Copies of papers to be delivered to defendant; time or service. 840. Arrest; how made. 841. General provision as to privilege from arrest; discharge of privileged person. § 842. Time within which to apply to vacate order, reduce bail or increase security. 843. Vacating order on ground of insufficient complaint. 844. How and to whom application to vacate, or for other relief affecting the order, shall be made; new proofs. 845. Limitation as to new proof on application to vacate. 846. Discharge of defendant from arrest, actual or impending, for inexcusable or collusive delays in prosecuting suit or remedy. ART. 49—ARREST; DISCHARGING DEFENDANT; BAIL OR DEPOSIT § 847. Defendant to be discharged on bail or deposit. 848. When defendant may elect to give bail or to give bond for liberties. 849. Undertaking of the bail; what to contain. 850. Examination of persons offered as bail. 851. Delivery of papers to plaintiff's attorney; plaintiff's acceptance or 852. Notice of justification; new undertaking, if other bail is given. 854. Justification of bail. 855. Allowance of bail. 856. Deposit of money with sheriff. 857. Payment of deposit into court by sheriff. 858. Substituting bail for deposit. 859. How deposit disposed of. 860. When deposit to be paid to a third person. 861. Sheriff, when liable as bail; his discharge from liability. 863. Bail liable to sheriff. 864. Filing papers if bail not given. ART. 50—ARREST; CHARGING AND DISCHARGING BAIL § 865. When defendant may be surrendered. 866. How surrender to be made; exoneration of bail thereupon. 867. Arrest of defendant by bail. 868. Voluntary surrender; exoneration of bail thereupon. 869. Rights and liabilities of sheriff as bail. 870. Bail; how proceeded against. 871. Necessity of certain executions before action against bail. 872. Duty of sheriff as to executions. 873. Defenses in action against bail. 874. Relief of bail where principal is imprisoned on criminal charge. 875. Exoneration of bail. ART. 51-INJUNCTION; GRANTING AND SERVICE OF THE OTHER § 876. Temporary injunction by order. 877. Injunction, when the right thereto depends upon the nature of the action. 878. Injunction, when the right thereto depends upon extrinsic facts. 879. Restrictions upon injunction to restrain state officers. 880. Judge's order enforceable as court order; powers of appellate division. 882. Provision as to notice; injunction pending an application. ART. 52 INJUNCTION; SECURITY § 884. Terms of undertaking on staying proceedings in an action before trial. 885. Security to stay proceedings after trial and before judgment. 886. Security to stay proceedings after judgment. 887. Payment over of money deposited. 888. Cancellation of undertaking of successful party. 889. Terms of undertaking on staying proceedings after verdict in ejectment or dower. 890. Damages in ejectment or dower to include waste. 891. Undertaking in lieu of deposit. 892. Security for injunction to stay proceedings on ground of fraud. § 894. Damages; how ascertained. 895. Damages sustained by a third person. 896. Action on the undertaking. ART. 53—INJUNCTION; VACATING OR MODIFYING THE ORDER § 897. Application to vacate or modify without notice. 898. Application to vacate or modify upon notice. 899. When prior motion not to prejudice subsequent application. 901. Effect of verified answer. ART. 54—ATTACHMENT; WHEN ALLOWED; OBTAINING WARRANT § 902. In what actions attachment of property may be had. 903. What must be shown to procure warrant of attachment. 904. Warrant in action for peculation and deceit. 905. Service of summons, if warrant previously granted. 906. Papers to be filed. 907. Terms of undertaking on obtaining warrant. 908. Security not required in certain actions for peculation and deceit. 909. Issuance and attestation of warrant. 910. Contents of warrant; to whom directed. 911. Validity of undertaking. ART. 55—ATTACHMENT; EXECUTING WARRANT § 912. Manner of attaching property and duties of sheriff, generally. 914. Attachment of unpaid subscription to foreign corporation. 915. Levy upon interest in shares or bonds. 916. Levy upon cause of action, evidence of debt or claim to estate. 917. Method of making levy. 918. Certificate of defendant's interest to be furnished. 919. Examination of person refusing certificate. 920. Transportation of goods in vessel without interruption, notwithstanding warrant; exceptions. 921. Inventory. 922. Actions and special proceedings by sheriff. 923. Perishable goods and animals to be sold. 924. Claim of property; how tried. 925. Proceeding if claimant succeeds. 926. Finding not to prejudice right of claimant. 927. Discharge of personal property from attachment. 928. Proceedings on claim to domestic vessel. 929. Appraisers of vessel to be sworn; valuation to be returned. 930. Undertaking to be given by claimant of vessel. 931. When vessel to be discharged. 932. When undertaking for discharge of vessel to be sued. 933. Defence in action upon undertaking for discharge of vessel; recovery. 934. Valuation of foreign vessel. 935. Undertaking by plaintiff after valuation of foreign vessel. 936. When foreign vessel to be discharged. 937. Terms on which debtor may claim foreign vessel. 938. Sale of foreign vessel, for lapse of claimant's remedy after undertaking by plaintiff. 939. Sale of attached vessel, domestic or foreign. 940. Sheriff to keep property. 941. Order for payment into court or deposit of money. 942. Delivery or release of surplus money or property.. 943. Action by plaintiff and sheriff jointly. 944. Procuring leave to unite with sheriff in bringing suit. 947. Return of inventory; how enforced. ART. 56-ATTACHMENT; VACATING OR MODIFYING THE WARRANT ART. 57—ATTACHMENT; DISCHARGE § 952. Application for discharge of attachment. 953. Undertaking upon application for discharge. 954. Application for discharge by one of several defendants. 956. Sheriff may retain property until justification. 957. Discharge of attachment of vessel. 958. Discharge of attachment on application of partner. ART. 58—ATTACHMENT; TWO OR MORE WARRANTS § 960. Preferences of two or more warrants of attachments. 962. Undertaking by junior attaching creditor to prevent release of foreign vessel. 963. Subsequent attachment of foreign vessel. 964. Rights of junior plaintiff in action by senior plaintiff and sheriff jointly. 965. Action by junior plaintiff and sheriff jointly. 966. Rights of third and other subsequent attaching creditors. 967. Substitution of indemnitors or defendants in action against sheriff. ART. 59—ATTACHMENT; PROCEEDINGS AFTER VACATION OF WARRANT OR DISCHARGE OF ATTACHMENT, OR AFTER JUDGMENT § 968. Execution to issue to sheriff who has levied attachment. 969. Satisfaction of judgment from attached property. 970. When attached property to be restored to defendant. 971. Additional provision for defendant's relief. 973. When sheriff to return warrant and his proceedings. ART. 60-RECEIVERS § 974. Receivers, generally. 975. Application for appointment of receiver. 976. Security. 977. Powers of receivers to hold real property. ART. 61-DISPOSITION OF PROPERTY IN LITIGATION ART. 62—REAL PROPERTY ACTIONS; GENERAL PROVISIONS 983. Contents and service of order. 984. Authority of party under order. 985. When and how court may compel delivery of possession of real property to purchaser. 986. Sale; notice of; how conducted. 987. Purchases by certain officers prohibited; penalty. ART. 63-ACTION TO RECOVER REAL PROPERTY 992. Action cannot be maintained in certain cases. 993. Separate action by joint tenant or tenant in common. 994. Action by grantee of lands held adversely. 995. Action by reversioner or remainderman after tenant's default. 996. Necessary and optional defendants. 997. When action may be brought for non-payment of rent. 998. Action for non-payment of rent when right of re-entry is reserved. 999. Payment before judgment of rent in arrear. 1000. Amount of rent in arrear to be stated in judgment. § 1001. Payment after execution of rent in arrear. 1002. Restoration of property to person paying rent in arrear. 1004. When ouster to be proved. 1005. Action against occupants of apartments. 1006. When plaintiff may recover against one defendant subject to rights of others. 1007. Expiration of plaintiff's title before trial. 1008. Liability of purchaser, pending an action. 1009. Effect of judgment rendered after trial of issue of fact. 1010. Effect of judgment rendered otherwise than upon trial of issue of fact. 1011. Damages recoverable; set-off by defendant. 1011-a. Limitations of actions under this article in certain cities. ART. 64-ACTION FOR PARTITION § 1012. When action for partition may be brought. 1013. Action for partition to embrace all separate tracts held in common. 1014. Action for partition by remainderman. 1015. Action for partition by an infant. 1016. Action for partition by an heir. 1033. Final judgment on report; effect thereof. 1034. Judgment must direct delivery of possession. 1035. Lien of creditor upon share partitioned. 1036. Costs; collection against unknown parties. 1037. Sale of property; when directed. 1038. Reference to inquire as to creditors. 1039. Duty of referee. 1040. Money to be paid into court. 1041. Application for money. 1042. Payment of incumbrances. 1043. Other parties not to be delayed. 1044. When land to be sold free from decedent's debts. 1045. When proceeds to be paid into court. 1046. Disposition of deposit. 1047. Withdrawal of deposit. 1048. When proceeds payable directly to parties. 1049. Sale or exception of dower interest. 1050. Effect of sale of dower interest in entire property. 1051. Disposition of money belonging to terant of particular estate in undivided share sold. 1052. Consent by guardian or committee of tenant of particular estate to accept gross sum. 1053. Interest of owners of future estates, in proceeds of sale, to be pro tected. 1054. Married woman may release her interest. 1055. Unknown owners to be protected. 1056. Credit on sale. 1057. Report of sale. 1058. Final judgment after confirmation of sale. 1059. Effect upon incumbrances of final judgment after confirmation of sale. 1060, Costs of action and expenses of sale; how paid. |