Penalty for violating last two sections. Costs of a motion; how collected. an act to be done, before judgment can be rendered; or where the fact of the former application is stated, and the proceedings thereupon, and subsequent thereto, are fully set forth, in the papers upon which the application is made. New. § 778. A person making an application, forbidden by the last two sections, with knowledge of the previous application, shall be punished by the court, for a contempt. See 2 R. S. 291, § 28. § 779. [Amended, 1877.] Where costs of a motion, directed by an order to be paid, are not paid within the time fixed for that purpose by the order, or, if no time is so fixed, within ten days after service of a copy of the order, all proceedings on the part of the party required to pay them are stayed, without further direction of the court, until the payment thereof. But the adverse party may, at his election, waive the stay of proceedings. Where the order directs that the costs of the motion abide the event of the action, or where costs of a motion, awarded by an order, have not been collected, when final judgment is entered, they may be taxed, as part of the costs of the action, or set off against costs awarded to the adverse party, as the case requires. See Laws of 1876, ch. 431, § 12. Under this provision, proceedings are absolutely stayed by failure to pay costs imposed, and if the party in de fault moves, his motion will be denied with costs. Thaule v. Frost, 1 Abb. N. C. 298. TITLE VI. Miscellaneous practice regulations. ARTICLE 1. General regulations respecting time. 2. Preferred and deferred causes. 3. Service of papers. 4. Discovery of books and papers. 5. General regulations respecting bonds and undertakings. 6. Other matters. ARTICLE FIRST. GENERAL REGULATIONS RESPECTING TIME SEC. 780. Notice of motion, to be eight days. SEC. 783. Relief, after time has expired. 784. When time cannot be extended. 785. Qualification of last section. 786. Orders in certain actions; how published. 787. Time for publication of notice; how computed. 788. Time for doing any act; how computed. motion, eight § 780. Where special provision is not otherwise made by law, Notice of or by the general rules of practice, if notice of a motion, or of any to be other proceeding in an action, before a court or a judge, is necessary, days. it must, if personally served, be served at least eight days before the time appointed for the hearing; unless the court or a judge thereof, upon an affidavit showing grounds therefor, makes an order to show cause, why the application should not be granted; and, in the order, directs that service thereof, less than eight days before it is returnable, be sufficient. Code Pro., §§ 402 and 413. See Wait's Code, 766 and 772; 4 Wait's Pr. 595, 620. enlarged, its expi § 781. Where the time, within which a proceeding in an action, How time after its commencement, must be taken, has begun to run, and has before not expired, it may be enlarged, upon an affidavit showing grounds ration. therefor, by the court, or by a judge authorized to make an order in the action. Code Pro., § 405, amended. See Wait's Code, 768, notes to § 405; 4 Wait's Pr. 620, 621. affidavit served. § 782. In a case specified in the last two sections, the affidavit, Copy of upon which the order was granted, or a copy thereof, must be served must be with a copy of the order; otherwise, the order may be disregarded. Code Pro., § 405, extended. See references in note to preceding section. § 783. After the expiration of the time, within which a plead- Relief, ing must be made, or any other proceeding in an action, after its has excommencement, must be taken, the court, upon good cause shown, may, in its discretion, and upon such terms as justice requires, relieve the party from the consequences of an omission to do the act, and allow it to be done; except as otherwise specially prescribed by law. See Code Pro., § 174; Wait's Code, 332; Harris v. People of the State of New-York; Fawcett v. Vary, 59 N. Y. § 784. A court, or a judge, is not authorized to extend the time, fixed by law, within which to commence an action; or to take an appeal; or to apply to continue an action, where a party thereto has died, or has incurred a disability; or the time fixed by the court, after time pired. When time can not be extended. Qualification of last sec tion. Orders in certain actions; how published. Time for publication of notice; within which a supplemental complaint must be made, in order to continue an action; or an action is to abate, unless it is continued by the proper parties. A court, or a judge, cannot allow either of those acts to be done, after the expiration of the time fixed by law, or by the order, as the case may be, for doing it; except in a case specified in the next section. From Code Pro., § 405. See Wait's Code, 768; Smith v. Evans, 1 Abb. N. C. 396. § 785. [Amended, 1877.] Where a party entitled to appeal from a judgment or order, or to move to set aside a final judgment for error in fact, dies either before or after this chapter takes effect, and before the expiration of the time within which the appeal may be taken, or the motion made, the court may allow the appeal to be taken, or the motion to be made, by the heir, devisee, or personal representative of the decedent, at any time within four months after his death. New. § 786. Where an action is brought for the collective benefit of the creditors of a person, or of an estate, or for the benefit of a person or persons, other than the plaintiff, who will come in and contribute to the expense of the action, notice of a direction of the court, contained in a judgment or order, requiring the creditors, or other person or persons to exhibit their demands, or otherwise to come in, must be published, once in each week, for at least three successive weeks, and as much longer as the court directs, in the newspaper, published at Albany, in which legal notices are required to be published, and in a newspaper, published in the county where the act is required to be done. 2 R. S. 190, § 106. § 787. The period of publication of a legal notice, in an action or special proceeding, brought in a court, either of record or not of how com- record, or before a judge of such a court, must be computed, so as to exclude the first day of publication, and include the day, on which the act or event, of which notice is given, is to happen, or which completes the full period of publication. puted. Time for doing any Code Pro., § 425. See Wait's Code, 776; 4 Wait's Pr. 617. § 788. [Amended, 1877.] The time, within which an act, in an act; how action or special proceeding, brought, as specified in the last section, is required by law to be done, must be computed, by excluding the first, and including the last day; except where it is otherwise speci com puted. ally prescribed by law. If the last day is Sunday, or a public holiday, it must be excluded. Where the act is required to be done within two days, and an intervening day is Sunday, or a public holiday, it must also be excluded. Code Pro., 407, amended. See Wait's Code, 769; 4 Wait's Pr. 219, 621. The provision, that if the last day be Sunday, it shall be excluded, is held to have no application to notice of trial by jury. Central Bank of Westchester v. Alden, 41 How. 102. Where the eighth day after submission of a cause in a New-York district court falls on Sunday, the justice must render judgment on or before Saturday. He loses jurisdiction by delaying till the ninth day. Ready Roofing Co. v. Chamberlin, 1 Abb. N. C. 192. ARTICLE SECOND. PREFERRED AND DEFERRED CAUSES. SEC. 789. Preference of certain actions by the people. 790. Id.; of criminal actions. 791. Id.; among civil actions. 792. Id.; in mandamus or prohibition. 793. When an order is necessary. 794. When cause passed, how placed upon the calendar. 795. Note of issue to state time when passed. ence of actions § 789. A trial, motion, appeal, or hearing, in an action by the Preferpeople to recover money, funds, credits, or other property, held or certain owned by the State, or held or owned, officially or otherwise, for, or by the in behalf of, a public or governmental interest, by a municipal or other people. public corporation, or by a board, officer, custodian, agency or agent of the State, or of a city, county, town, village, or other division, subdivision, department, or portion of the State, which the defendant has, without right, obtained, received, converted, or disposed of; or to recover damages, or other compensation, for so obtaining, receiving, paying, converting, or disposing of the same; or the aiding or abetting thereof; is entitled, on the application of the attorney-general, to a preference over any other business, at a term or sitting of any court of the State, irrespective of its place upon the calendar. Laws of 1875, ch. 49, § 5. criminal § 790. A criminal action, including an appeal or other proceed- Id.; of ing in a criminal cause, is entitled, under the direction of the court, actions. to preference in the trial or hearing thereof, over all civil actions and special proceedings, except as prescribed in the last section. New. Id.; among civil actions. § 791. [Amended, 1877.] Civil causes are entitled to preference among themselves, in the trial or hearing thereof, in the following order, next after the causes specified in the last section but one: 1. An action or special proceeding, in which the people of the State are parties, and appear by the attorney-general; where the attorney-general has given notice, at the time of service of notice of trial or argument, of a particular day in the term, on which he will move it. If the action or special proceeding is not moved by him for trial or argument on that day, or as soon thereafter, in the same term, as the court can hear it, the other party may then move the trial or argument; otherwise, it shall not be moved out of its order at that term, except by the special order of the court. 2. An action or special proceeding, in which a board of officers exercising powers conferred by a statute for the protection of public health, or public or private property, or for the prevention or punishment of violations of a statute relating to either of those subjects, or the commissioners of pilots in the city of New-York are parties; where a notice, similar to the notice prescribed in the last subdivision, has been served by their attorney, at the time of service of the notice of trial or argument. The provisions of the last subdivision, relating to moving the trial or argument, apply to a cause within this subdivision. 3. In the court of appeals or the supreme court, an appeal taken by either party, in an action or special proceeding other than as specified in subdivision first of this section, where the people of the State, or a board of State officers, are sole parties, or a State officer is sole party, plaintiff or defendant. 4. In the court of appeals, an action, a party to which has died, pending the action, where the pendency of the action prevents a final settlement of the estate of the deceased party. 5. In any court, an action, in which an executor or administrator is the sole plaintiff or sole defendant; an action for the construction of, or an adjudication upon, a will, in which the administrator with the will annexed, or the executor of the will, is joined, as plaintiff or defendant, with one or more other parties; an action in which a receiver of a savings bank is sole plaintiff or sole defendant; and, in the court of appeals or the supreme court, an appeal from the decree or decision of a surrogate's court, determining a will to be valid, and admitting it to probate, or granting general letters of administration. 6. An action for dower; where the plaintiff makes proof, by affidavit, to the satisfaction of the court, or a judge thereof, that |