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The Union Surety and Guarantv 209
ARBITRATIONS. 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. 6 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 there. upon, and the enforcement of the judgment, are governed by the provisions of chapter twelfth of this act, as far as they are applicable.
3332. The death of a party to a submission, made einer as prescribed in this title or otherwise, or the appointinert of a committee of the person or property of such a pirty, as prescribed in title sixth of this chapter, operates as a revocation of the submission, if it occurs before the uward 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 contirmed, vacated, modified, or corrected, upon the application of, or upon notice to, his executor or administrator, or a temporary administrator of nia estate : or, where it relates to real property, his heir or do
lideliceral, es prese stin but que, must f
cibi e for that pure lit, at the bottom rested and affixed it
e of the morgagor.
1991. The notice
The names of th ach asistee of the 1 The date of the e lace where, it is I The rim claimed
w of the first public
be the mortg die thereupon A description of tatially to that cc 2392. The sale m al case, a notice of
at s practicable mzimal notice was iginal notice, at
e continued, at sa ghich the sale 2393. The sale m to a dar other the ranty in which
de situated; es male of the State
at bots, they mu the distinct far try to sell, inc the sale, and it e two or mo lot, and ace
must be sol X. The morts
of either, wetgaged
(Am'd 1889 in this title ato a sale, pu
mortgage, s or equity of re y sold, of ea mortgagor, La
or of lien by
is delivered, as prescribed in subdivision third of the last
day other than Sunday or a public holiday, in
Am'd 1889.) A sale, made and conducted as
this title, to a purchaser in good faith, is
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 deliverel. the court must enter judgment in the name of the origin: 1 party ; and the proceedings thereupon are the same, as
where a party dies after a verdict. 16 Civ. Pro. $ 2383. A submission to arbitration, made either as pre 219 N.Y.475.
scribed 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 arbitra. tors 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. 87 Hun, 140. $ 2394. Where a party expressly revokes a submission, 167 N.Y. 633. 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 proceed. ings 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 1 submission, or any instrument collateral thereto.
167 N.Y. 633.
TITLE IX. Proceedings to foreclose a mortgage by advertisement. $ 2357. When mortgage may be $ 2899. Note upon record of port,
foreclosed. 83. Notice of sale; how given.
2100. Deed not necessary. *9 0; how served.
2401. ('osts allowed. 330. Dis of county clerk.
2102. Expenses allowed. 2:91. Contents of notice of sale. 2103. Taxation thereof. 23:22. Sale; how postponed.
2404. Surplus money to be paid 313. Id.; how conducted.
into supreme court. 291. Mortgagee, etc., may pur- 2403. Claimant of surplus monchase.
ey to tile petition. 2395. Elfect of sale.
2106 Application for surplus 2.96. Atidavit of sale, and of
210. Limitation of last four 2397. When one affidavit suffi.
sections. ces; printed notice to 2 109. Application of this title be annexed.
to mortgages to the 2398. Atidavits may be filed
State. and recorded. $ 2387. A mortgage upon real property, situated with in ihe State, containing therein a power to the mortgagee, or any otber person, to sell the mortgaged property, upon defauit 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 bas been made in a condition of the mort. gage, whereby the power to sell has become operative.
2. An action has not been brought to recover the deht 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, Eat the mortgage will be foreclosed, by a sale of the morgaged property, or a part thereof, at a time and place speci. fied in the notice :
1. [.im'd 1894, amendment to take effect September 1, 1894.) A copy ..f the notice must be published at least once in each of the twelve weeks immediately preceding the day of sale in a newspaper publi-hed 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 soil 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