New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-09-24
amended by adding thereto a new sec.
ton. to be Section 2265-A, to read as

Section 2265-A. Whenever the court
In which the proceedings are brought
e. k&a jurisdiction to vacate q final orde,
Fenaered upon the default of the ten.
ant, the court, Or a judge or justice
thereof, may, pending q motion t.
vacate final order rendered upon the
default Of the tenant. stay the exeeu.
ton Of the warrant which was isgued
upon such default, and shall upon the
vacation Of such final order vacate and
set aside such warrant.
.. This act shall take effect imme-
diately.
Are Elective at Once
Section 213S of the Code Of Civil
Procedure is hereby amended to read
as follows:
2lSs. Precept-The Judge or justice to
whom petition is presented. as pre-
scribed in either of the foregoing sec
tions of this title, must thereupon is
sue precept, directed to the person
or persons designated in the petition
as being in possession of the property,
and requiring him or them forthwith
20 remove from the property, describ-
ing it, or to show cause, before him, at
time and place specified in the pre-
cept. why possession of the property
should not be delivered to the petit
ticner or, in the case specified in the
last section, to the owner or landlord.
The urecept must be returnable NOT
less than five nor more than ten days
after it is issued: except that. where
TIE proceeding is taken, upon the
ground that tenant continues in
possession of demised premises. after
the expiration of his term, without the
permission of the landlord, and the
application is made on the day of the
expiration of the lease, or on the next
day thereafter, the precept may, in
the discretion of the judge or justice,
be made returnable on the day on
which it is issued, at any time after
u o'clock, noon, and before o'clock
in the afternoon.
2. Subdivision three o. Section 2,240
of the Code of Civil Procedure is
hereby amended to read as follows:
3. Where service cannot. with reason
able diligence, be made, as prescribed
in either Of the foregoing subdivisions
of this section, by affiXing copy of the
precept and petition uron a conspicu-
Gus part of the property. If the pre-
cept is returnable on the day on
which it is issued it must be served at
least two hours before the hour at
which it is re+urnabie; in every other
case it must be secved at least five DAYS
before the day OF which it is return
able.
This act shall. take effect immedi-
ately.
Procedure in Appeals
Section 1882 of the Code of Civil
Procedure is hereby amended to read
as follows:
2262 Warrants: How stayed on ap-
peal. Where an appeal is taken from
final order, awarding delivery of pos
session to the petitioner, which estab-
fishes that a lessee or tenant holds
TOY Iofa ~,
rent. or after the expiration of his
term, or from an order judgment affirm
ing 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 justice of the Supreme Court, or
IN any case by the Appellate Court or
justice thereof, upon the appellants
giving the security required to perfect
the appeal.
And to stay the execution Of the
order appealed from and also an un
"ertaklng to the petitioner in the sum
ana with sureties approved by
county Judge or in the city and county
of New York, by justice of the Su-
preme Court or in any case by the
Appellate Court or justice thereof
to the effect that if. upon the appeal,
final determination is rendered
u
he holds over after default in pa
ment OF rent, all rents accruing or to
accrue upon 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 proceedings:
Or, if he holds over after the ex-
piration of his term, that he will nav
all costs and damages which the peti
tloner may suffer py reason of the
,..tay herein provided for. The court or
justice above referred to NAV grant
such order with or without notice upon
the fling of an undertaking approved
by sucA court or justice in an amount
equal to not less than three months
rent OF the premises at the rate to
"h1ci the appellant was liable as rent
Tor the month Immediately prior to the
1nstitutlon Of the special proceeding.
The petitioner may at any time before
the appeal ls actually heard apply to
fura court or justice to increase the
scs-t..y given by the appellant.
wherever in this section an under
taking is required to be given, the
appellant in lieu thereof may, at his
e.ectlon, pay into court a sum of money
eqoai 10 che amount of such under
taking. Where such appeal has been
taken, prior to the enactment of this
1IpIu d Hil3l OfQGr
awaiting delivery OF possession to the
petitioner on the ground that the tenant
holds over after the expiration Of his
term, stay may be granted provided
such appeal be pending and the circum
stances warrant the granting thereof.
q. This act shall take effect imme-
diately. ''''A''
Chapter 3se, of the laws Of 1914. en-
Titled: An act in relation to banking
corporations ard individuals, partner
SHIPS unincorporated associations and
corporations under the supervision of
the Banking Department, constituting
chapter 2, of the consolidated laws"
as hereby amended by inserting at the
end OF Article 8 new section, to be
SECTION l4s, to read as follows
Section 149-Bonds legal investment
Tor public funds: Bonds of the Land
6ank Of the State Of New York shall
oe legal and valid investment for the
SINGING and trust funds of the State
OF New York or Of any municipal cor
peration or political subdivision there
This act shall take effect i'm.
mediately. Al"
Landlords and Tenants