filing with him a notice thereof, certified by the clerk with whom it is entered. New. See 982 and 985, ante. $1678. Sale; notice of; how conducted.- A sale, made in pursuance of any provision of this title, must be at public auction to the highest bidder. Notice of such a sale must be given by the officer making it, as prescribed in section 1434 of this act, for the sale by a sheriff of real property, by virtue of an execution, unless the property is situated wholly or partly in a city in which a daily newspaper is published; and in that case by publishing notice of the sale at least twice in each week for the three successive weeks immediately preceding the sale, in one, or, in the city of New York or the city of Brooklyn, in two of such papers. Notice of a postponement of the sale must be published in the paper or papers wherein the notice of sale was published. The terms of the sale must be made known at the time of sale; and, if the property, or any part thereof, is to be sold subject to a right of dower, charge, or lien, that fact must be declared at the time of sale. If the property consists of two or more distinct buildings, farms, or lots, they must be sold sepa rately, except that where two or more buildings are situated on the same city lot, and access to one is obtained through the other, they may be sold together. 2 R. S. 326, 156 and 57 (2 Edm. 336), amended; Chamberlain v. Dempsey, 18 Abb. 42; s. c.. 22 How. 356; Lyon v. Lyon, 67 N. Y. 250; Stearns r. Welsh, 7 Hun, 676; Selkirk v. Ascough, 16 Alb. L. J. 151; Lane v. Conger, 10 Hun, 1; Ellsworth v. Lockwood, 9 id. 548; Vandercook v. Cohoes Savings Inst., 5 id. 641; Schmalholz v. Polhans, 49 How. Pr. 59; Ellsworth r. Lockwood, 42 N. Y. 89; see Wells v. Wells, 47 Barb. 416; National Fire Ins. Co. r. Loomis, 11 Paige, 431. 1679. Purchases by certain officers prohibited. Penalty. A commissioner, or other officer, making a sale, as prescribed in this title, or a guardian of an infant party to the action, shall not, nor shall any person, for his benefit, directly or indirectly, purchase, or be interested in the purchase of, any of the property sold; except that a guardian may, where he is lawfully author. ized so to do, purchase for the benefit or in behalf of his ward. The violation of this section is a misdemeanor, and a purchase, made contrary to this section, is void. Id..58: Valentine v. Belden, 20 Hun, 537; see Boerman v. Schenck, 41 N. Y. 182; Ford v. Halsey, 26 d. 53; Terwilliger v. Brown, 44 id. 237. $1680. Reversioner, etc., may bring action after tenant's default.--Where a tenant for life, or for a term of years, suffers judgment to be taken against him, by consent or by default, in an action of ejectment, or an action for dower, the heir or person owning the reversion or remainder, may, after the determination of the particular estate, maintain an action of ejectment to recover the property. 2 R. S. 339, 2 (2 Edm. 350), amended; see 1688, post; see Robinson v. Kime, 70 N. Y. 147. - § 1681. Defendant, how prevented from committing waste, etc. If, during the pendency of an action specified in this title, the defendant commits waste upon, or does any other damage to, the property in controversy, the court, or a judge thereof, may, upon the application of the plaintiff, and due proof of the facts by affidavit, grant, without notice or security, an order, restraining him from the commission of any further waste upon or damage to the property. Disobedience to such an order may be punished as a contempt of the This section does not affect the plaintiff's right to a permanent or a temporary injunction in such an action. court. 2 R. S. 336, 18 and 19 (2 Edm. 347); People v. Alberty, 11 Wend. 160; Bush v. Phillips, 3 id. 428; Denning . Corwin, 4 id. 208: Townsend v. Tanner. 3 How. Pr. 384; Martin v. Odell, I id. 108; Anonymous, 7 Wend. 521; Johnson v. White, 11 Barb. 194; Rogers v. Rogers, id. 595; West Point Iron Co. v. Reymert, 45 N. Y. 703; Spear r. Cutler, 5 Barb. 586; People v. Davison, 4 id. 112; Storm v. Mann, Johns. Ch. 21. 1682. When order for survey may be made. — If the court, in which an action relating to real property is pending, is satisfied that a survey of any of the property, in the possession of either party, or of a boundary line between the parties, or between the property of either of them, and of another person, is necessary or expedient, to enable either party to prepare a pleading, or prepare for trial, or for any other proceeding in the action, it may, upon the application of either party, upon notice to the party in possession, make an order, granting to the applicant leave to enter upon that party's property, to make such a survey. 2 R. S. 341, 13 (2 Edm. 352), amended. 1683. Contents and service of order. --An order, made as prescribed in the last seetion, must specify, by a description as definite as may be, the property or boundary line to be surveyed, and the real property of the adverse party, upon which it is necessary to enter for that purpose. A copy thereof must be served on the owner or occupant of that property, before entry thereupon. Id., 14, amended. § 1684. Authority of party under order.--After serving a copy of the order, as prescribed in the last section, the party obtaining it, his necessary surveyors, servants, and agents, may enter, for the purpose of making the survey, upon the real property described in the order, and may there make the survey; but each person so entering is responsible for any unnecessary injury done by him; and the party procuring the order is responsible for such an injury, done by any person so entering. Id., 15, amended. $1685. Liability of purchaser, pending an action. -If the defendant, in an action of ejectment or an action for dower, aliens the real property in question, after the filing of a notice, as specified in section 1670 of this act, and an execution against him for the plaintiff's damages is returned wholly or partly unsatisfied, an action may be maintained by the plaintiff against any person who has been in possession of the property, under the defendant's conveyance, to recover the unsatisfied portion of the damages, for a time not exceeding that, during which he possessed the property. Id., 19; see 1670, ante. § 1686. Infant may maintain, etc., real action in his own name.-- Any action specified in this title may be maintained by or against an infant in his own name; and article fourth of title second of chapter fifth of this act applies to such an action, except as otherwise prescribed in sections 1535 and 1536 of this act. New. See Seaton v. Davis, 1 N. Y. Sup. Ct. (T. & C.) 91; Cagger v. Lansing, 64 N. Y. 417; and Porter v. Blieler, 17 Barb. 149. $1687. Joinder of real actions with others.-- Nothing contained in this title is to be construed, as to pre vent the plaintiff from uniting in the same complaint two or more causes of action, in any case specified in section 484 of this act. See 484, ante. -- § 1688. When special proceeding to recover real property not allowed. -A special proceeding to recover real property cannot be taken, except in a case specially prescribed by law. See 2 R. S. 342, 24 (2 Edm. 354); Ellicott v. Mosier, 7 N. Y. 209. TITLE II. Actions relating to chattels, ARTICLE 1. Action to recover a chattel. 2. Action to foreclose a lien upon a chattel. ARTICLE FIRST. ACTION TO RECOVER A CHATTEL. SEC. 1689. Joinder of action with others. 1690. When it cannot be maintained. 1691. Id.; after judgment against the plaintiff. 1692. Id. by an assignee. 1693. Jurisdiction, etc., when a replevin precedes summons. 1695. Affidavit therefor, before commencement of action. 1696. Id.: after commencement of action. 1697. Id. where several chattels are to be replevied. 1698. Provision where a part only is replevied. 1699. Plaintiff's undertaking for replevin. 1700. How chattel to be replevied." 1701. Id.; how taken from a building, etc. 1702. Replevied chattel; how kept, etc. 1703. When defendant may except to sureties; proceedings there. upon. 1704. When defendant may reclaim chattel; proceedings thereupon. 1705. Sureties; when and how to justify. 1706. When and to whom sheriff must deliver chattel 1707. Penalty for wrong delivery by sheriff 1708. Undertaking; to whom delivered. 1709. Claim of title by third person; proceedings thereupon. 1710. Action against sheriff upon such claim. 1711. Indemnity to sheriff against such action. 1712. When agent, etc., may make affidavit for replevin or return. 1713. Second and subsequent replevin: proceedings thereupon. 1714. Replevin, where order of arrest has been granted. 1715. Return, etc., by sheriff. 1716. Id.: how compelled. 1717. Replevin papers to be made part of judgment-roll, etc. SEC. 1719. When and how plaintiff may abandon his claim as to part. 1720. Title; how stated in pleading. 1721. Taking, etc.; how stated in complaint. 1722. Damages, when chattel injured, etc., by defendant. 1723. Answer of title in third person. 1724. Answer that property was distrained doing damage. 1726. Verdict, etc., what to state. 1727. Substitute in certain cases for finding as to value. 1728. Verdict, etc., for part of several chattels; judgment there upon. 1729. Damages how ascertained on default. 1730. Final judgment; docketing the same. 1731. Execution; contents thereof. 1732. Id.; sheriff's power to take chattel. 1733. Action on undertaking; when maintainable. 1735. Injury, etc., no defence. 1736. Abatement and revival of action. 1689. Joinder of action with others.-Nothing in this title is to be so construed, as to prevent the plaintiff from uniting, in the same complaint, two or more causes of action, in any case specified in section 484 of this act. See 1687. ante. 1690. When it cannot be maintained.-An action to recover a chattel cannot be maintained, in either of the following cases : 1. Where the chattel was taken by virtue of a warrant, against the plaintiff, for the collection of a tax, assessment, or fine, issued in pursuance of a statute of the State, or of the United States; unless the taking was, or the detention, is unlawful, as specified in section 1695 of this act. 2. Where it was seized by virtue of an execution, or a warrant of attachment, against the property of the plaintiff; unless it was legally exempt from such seizure, or is unlawfully detained, as specified in section 1695 of this act. 3. Where it was seized by virtue of an execution, or a warrant of attachment, against the property of a person other than the plaintiff; and, at the time of the seizure, the plaintiff had not the right to reduce it into his possession. 2 R. S. 522, 4 and 5 (2 R. S. 540), amended: Neal v. O'Brien, 7 Hun. 371: Hudler . Golden, 36 N. Y 446; Judd r. Fox, 9 Cow. 259: Howland 2. Howland, 20 Hun, 472: Troy and Lansingburgh II. R. R. Co. v. Kane, 72 N. Y. 614: Alvord v. Haynes, 13 Hun, 26: Black River Ins. Cor. The N. Y. State L. & T. Co.. 73 N. Y. 282: Barnett v. Selling, 70 fd. 492; Stockwell v. Veetch, 38 Barb. 650; O'Reilly v. Good, 42 Barb. 521; Sager |