by the jury, and two hundred and fifty dollars in addition thereto, against all damages, costs and expenses, in an action to be brought against him by any person, by the claimant, his assignee or other representative, by reason of the levy upon, detention or sale of any of the property by virtue of the execution. If the undertaking is given, the officer must detain the property as belonging to the judgment-debtor. Where an undertaking is given to indemnify an officer, he must, within two days after the giving of the said undertaking, cause the same to be filed in the office of the clerk of the court out of which the execution was issued, and serve upon the claimant, his assignee or other representative, and the judgment-creditor, or the attorney whose name is subscribed to the execution, a copy of the said undertaking, with a notice of the justification of the sureties thereon. The justification must take place before a judge of the court out of which the execution was issued, at a time to be specified in the notice, which must be not less than two nor more than five days after service of said notice. For the purpose of justification, each of the sureties upon the undertaking must attend before the judge, at the time and place mentioned in the notice, and be examined on oath, on the part of the claimant, his assignee or other representative, touching his sufficiency, i such manner as the judge in his discretion thinks proper. The examination may be adjourned from day to day, until it is completed, but such adjournment must be always to the next judicial day. If required by the claimant, his assignee or other representative, the examination must be reduced to writing and subscribed by the sureties. If the judge finds the sureties sufficient, he must annex the examination to the undertaking, indorse his alIowance thereon, and cause the said undertaking, together with the examination of the sureties, to be filed with the clerk of the court. Thereupon the sheriff is released and discharged from all further liability, by reason of the levy upon, detention and sale of the property seized. When any such undertaking shall have been approved and filed, as hereinbefore provided, the clerk of the court shall immediately, upon the same being filed, index the same in the index-book in his office, under which executions are indexed, under the title of the suit in which the execution is issued. [AM'D BY CH. 662 OF 1895. In effect Sept. 1, 1895.] § 3. Within ten days after the passage of this act the sheriff of the county of New York shall cause to be served a copy of all undertakings of indemnity now held by him, whether given under attachments or executions, together with a notio, of the justification of the sureties thereon, as provided above upon the person og persons who made claim to the property seized at the time the undertakings were given, or to their assigns or legal representatives. Upon the approval and filing of the said undertakings in the manner above provided, the sheriff shall be released and discharged from all liability by reason of the seizure of the property under the attachment or execution, upon which the undertaking was given. [SECTION 3 OF CH. 98 OF 1888.] § 1420. Inquisition not to prejudice claimant's right. If the property is found to belong to the defendant, the finding does not prejudice the right of the claimant to bring an action to recover the property so levied upon, or damages by reason of the levy, detention or sale. § 1421. In action against officer, indemnitors may be substituted as defendants.-Where an action to recover a chattel or chattels, hereafter levied upon by virtue of an execution, or several executions, or a warrant of attachment, or several warrants of attachment, or to recover damages by reason of a levy or levies upon detention, sale or sales of personal property. hereafter made, by virtue of an execution or several executions, or a warrant of attachment, or several warrants of attachment, is brought against an offi cer, or against a person who acted by his command or in his aid, if a bond or bonds or written undertaking or undertakings indemnifying the officer against the levy or levies, or other act or acts, has been given in behalf of the judgment creditor or the several judgment creditors, or the plaintiff in the warrant or the plaintiffs in the several warrants, either before or after the commencement of the action, the persons or person or the several persons who gave it to them, or the survivors, if one or more are dead, may apply to the court for an order to substitute the applicant or several applicants as defendants in the action, in place of the officer or of the person so acting by his command or in his aid; and the court may upon application of the officer, or in case of his death, upon the application of his legal representatives, grant an order substituting the indemnitors as defendants in the action, in place of the officer or of the person so acting by his command or in his aid. [AM'D BY CH. 115 OF 1900. In effect Sept. 1, 1900.] § 1422. Notice of application. Where the application is made by the officer notice of the application must be given to the indemnitors or their attorney, and also to the attorney for the plaintiff. If the pleadings do not sufficiently show that the case is one where the order may be granted, the facts with respect thereto must be shown by affidavit or other competent proof. Where the application is made by the indemnitors, or one of them, the motion papers must contain a written consent to be made defendant in the action executed by each person who executed the instrument or instruments of indemnity, unless proof by affidavit is furnished that those who do not consent are dead. Each consent must be acknowledged or proved and certified in like manner as a deed to be recorded in the county, and notice of the application must be given to the attorney of each party to the action, and if the defendant has not adpeared, notice must be given to him personally. [AM'D CHS. 182 AND 452 OF 1887.] § 1423. Terms. Upon granting the order the court may, in its discretion, require the indemnitors to furnish additional security to the plaintiff and to pay the reasonable expenses of the defendant, necessarily incurred before the order is granted, or it may impose such other terms for the security of either of the orginal parties as justice requires. [AM'D CH. 452 OF 1887.] § 1424. Indemnity for part. If the indemnity given related to a part only of the property, the court may, in a proper case, direct that the action be divided into two actions, that the indemnitors be substituted as defendants in one without affecting the other, and that the controversy in each action be limited to that part of the property in respect to which it is to be continued. Where such an order is made a similar application may be subsequently made in the action which proceeds against the original defendant. [AM'D CH. 452 of 1887.] 287a § 1425. When officer joins. If the officer or person acting by his command, or in his aid, is joined as a defendant, with all of the indemnitors, he may apply for an order to strike out his name as a defendant. If he is joined as a defendant with one or more, but not all of them, he may apply for an order substituting those who are not joined with him as defendants in his place. In either case the application is made in the same manner and is subject to the same provisions as if made as prescribed in section fourteen hundred and twenty-one of this act. [AM'D CH. 452 OF 1887.] § 1426. Effect of the order. An order, made as prescribed in the last five sections, does not affect the merits of the cause of action, or of the defence, except so far as it limits the controversy to particular property. But if the substituted or remaining defendants recover judgment, they are entitled to single costs only. If the action is discontinued, or the complaint dismissed, a new action may be brought, as if the former action had not been brought. § 1427. Notice of action. Where an action is brought in a case where one or more persons are entitled to make an application for an order of substitution, or where one or more persons are liable to be substituted as defendants, as prescribed in section one thousand four hundred and twenty-one of this act, the officer to whom the instrument or instruments of indemnity was given cannot maintain an action thereupon against a person entitled to make, but who has not made, such an application, or who is liable to be but has not been substituted as a defendant unless notice of the commencement of the action against the officer, or the person acting by his command or in his aid, is given before the trial thereof, or at least ten days before judgment by default is taken therein either to attorney or several attorneys whose name is or several names are subscribed to the execution or several executions or warrants of attachment or several warrants of attachment, or personally to the judgment creditor or creditors, or the plaintiff or several plaintiffs in the action in which the warrant of attachment was or several warrants of attachment were issued, or to one of the persons who executed the instrument or instruments of indemnity. [AM'D CHS. 182 AND 452 OF 1887.] § 1428. Sale of personal property; how made. Personal property must be offered for sale, in such lots and parcels, as are calculated to bring the highest price. Except where the officer is expressly authorized, by this article, to sell property not in his possession, personal property shall not be offered for sale, unless it is present, and within the view of those attending the sale. § 1429. Notices of sale to be posted. At least six days' previous notice of the time and place of a sale of personal property, by virtue of an execution, must be given, by posting conspicuously written or printed notices thereof, in at least three public places of the town or city where the sale is made. ARTICLE THIRD. SALE, REDEMPTION AND CONVEYANCE OF REAL PROPERTY; RIGHTS AND LIABILITIES OF PERSONS INTERESTED. PECTION 1430. To what leasehold property this article applies. 1431. Real property held in trust, when liable to execution. 1432. Equity of redemption: when not to be sold. 1433. Direction to be indorsed on execution. 1434. Notice of sale of real property; how given. 1435. Property, how described therein. Part may be sold. 1436. Penalty for irregularity in sale. 1437. Manner of conducting sale. 1438. Sheriff to make duplicate certificates of sale. 1439. Certificate to be recorded, etc. 1440. Title to real property not divested before deed. 1441. Rights of holder of the property during intermediate period. 1442. Order to prevent waste; when and how applied for. 1443. Proceedings to punish violation of the order. 1444. Mode and extent of punishment. 1445. How warrant, etc., superseded. SECTION 1446. When and how real property sold may be redeemed. 1447. By whom such redemption may be made. 1448. Such redemption avoids the sale. 1449. When creditor may redeem. 1450. What sum to be paid, etc., when creditor redeems. 1451. Redemption by another creditor from a redeeming creditor. 1454. When creditor may redeem after fifteen months. 1455. When redemption must be made at sheriff's office. 1456. Original purchaser may redeem, when also a creditor. 1457. Creditor may redeem again under another judgment, or mortgage. 1458. Redemption by person entitled to redeem part. 1459. Redemption by owners of undivided shares. 1460. Id.; by creditors having liens on undivided shares. 1461. Right to redeem not affected by agreement. 1462. To whom money paid upon redemption. 1463. Certificate of satisfaction required to effect redemption by creditor. 1465. Id.; as to mortgage creditor. 1466. Id.; as to executor or administrator. 1467. Officers to keep papers open to inspection; when to file them. 1469. Certificate to be given, when redemption made. 1473. When conveyance made to executor or administrator; effect thereof. 1475. Under-sheriff or successor to act, if sheriff dies. 1476. Money may be paid, etc., to under-sheriff, or deputy-sheriff, who sold property. 1477. Application of this article to sale by coroner, or person specially ap pointed, etc. 1478. Id.: where coroner or person appointed dies, etc. $130. To what leasehold property this article applies. The expression, "real property," as used in this and the succeeding article, includes leasehold property, where the lessee or his assignee is possessed, at the time of the sale, of at least five years unexpired term of the lease, and also of the building or buildings, if any, erected thereupon. § 1431. Real property held in trust, when liable to execution. Real property, held by one person, in trust or for the use of another, is liable to levy and sale by virtue of an execution, issued upon a judgment recovered against the person, to whose use it is so held, in a case where it is prescribed by law, that, by reason of the invalidity of the trust, an estate vests, in the beneficiary; but special provision is not otherwise made by law, for the mode of subjecting it to his debts. § 1432. Equity of redemption; when not to be sold. The judgment debtor's equity of redemption, in real property mortgaged, shall not be sold by virtue of an execution, issued upon a judgment recovered for the mortgage debt, or any part thereof. § 1433. Direction to be indorsed on execution. Where an execution against property, is issued upon a judgment, specified in the last section, to the county where the mortgaged property is situated, the attorney, or other person who subscribes it, must indorse thereupon a direction to the sheriff, not to levy it upon the mortgaged property, or any part thereof. The direction must briefly describe the mortgaged property, and refer to the book and page, where the mortgage is recorded. If the execution is not collected out of the other property, of the judgment debtor, the sheriff must return it wholly or partly unsatisfied, as the case requires. 1434. Notice of sale of real property; how given. The sheriff who sells real property, by virtue of an execution, must previously give public notice of the time and place of the sale, as follows: 1. A written or printed notice thereof must be conspicuously fastened up at least fortytwo days before the sale, in three public places in the town or city where the sale is to take place, and also in three public places, in the town or city where the property is situated, if the sale is to take place in another town or city. 2. A copy of the notice must be published at least once in each week of the six weeks, immediately preceding the sale, in a newspaper published in the county, or published in an incorporated village, a part of which is within the county, if there is a newspaper published in such county or village; or, if there is none, in the newspaper printed at Albany, in which legal notices are required to be published. [AM'D CH. 567 OF 1896; in effect May 12, 1896.] § 1435. Property, how described therein. Part may be sold. In each notice, specified in the last section, the real property to be sold must be described with common certainty, by setting forth the name of the township or tract, and the number of the lot, if there is any, or by some other appropriate description. The validity of a sale is not affected by the fact, that the property sold is part only of the property advertised to be sold. § 1436. Penalty for irregularity in sale. A sheriff who sells real property, by virtue of an execution, without having given notice thereof, as prescribed in the last two sections, or otherwise than as prescribed in this chapter, forfeits one thousand dollars to the party injured, in addition to the damages which the latter sustains thereby. § 1437. Manner of conducting sale. Where real property, offered for sale by virtue of an execution consists of two or more known lots, tracts, or parcels, each lot, tract, or parcel must be separately exposed for sale. If a person who is the owner of, or is entitled by law to redeem, a distinct parcel of the property, of any other description, requires that parcel to be exposed for sale separately, the sheriff must expose it accordingly. No more real property shall be exposed for sale, than it appears to be necessary to sell, in order to satisfy the execution. § 1438. Sheriff to make duplicate certificates of sale. The sheriff who sells real property, by virtue of an execution, must make out, subscribe and acknowledge before an officer authorized to take the acknowledgment of a deed, duplicate certificates of the sale, containing: 1. The name of each purchaser, and the time when the sale was made. 2. A particular description of the property sold. 3. The price bid for each distinct parcel, separately sold. 4. The whole consideration money paid. § 1439. Certificate to be recorded, etc. The sheriff must, within ten days after the sale, file one of the duplicate certificates, in the office of the clerk of the county, and deliver another to the purchaser. If there are two or more purchasers, a certificate must be delivered to each. The clerk must immediately record the certificate in a book, kept by him for that purpose, and must index the record, to the name of the judgment debtor. His fees for so doing must be paid by the sheriff, as part of the expenses of the sale. § 1440. Title to real property not divested before deed. The right and title of the judgment debtor, or of a person holding under him, or deriving title through him, to real property, sold by virtue of an execution, is not |