make an order directing him to make the security satis factory to the court. From Rule 83. And see 19, 20, and 25, of the B. S. § 754. These provisions applicable in New-York to the chamberlain - Each provision of this title, relating to a county treasurer, applies to the chamberlain of the city of New-York, with respect to money paid into court, in an action triable in the city and county of New-York, or with respect to money, or a bond, mort gage, or other security, or public stock, representing money paid into court; except where special provision, with respect to the same, is otherwise made by law. New. ༥༽ TITLE IV. Proceedings upon the death or disability of a party or the transfer of his interest. Bro. 755. Action; when not to abate. 756. Proceedings upon transfer of interest, or devolution of lia 757. Id.; when sole party dies and action survives. 758. Id.; when one of several parties dies. 759, 760. Id.; when part of cause of action survives. 762. Special cases excepted. 763. Death of party after verdict, etc. 764. Action for a wrong not to abate after verdict, etc. 8755. Action; when not to abate. An action does not abate by any event, if the cause of action survives or continues. Co. Proc., 121, first sentence. Moore v. Hamilton, 44 N. Y. 666; Livermore v. Bainbridge, 49 1d. 125; Wade v. Kalbfleisch, 58 id. 282 Atlantic Dock Co. v. Mayor, 53 id. 64; Arthur v. Griswold, 16 Abb, N. 8. 235; Bond v. Smith, 4 Hun, 48; Mapes v. Snyder, 59 N. Y, 450. § 756. Proceedings upon transfer of interest, or deolution of liability. In case of a transfer of inter *, or devolution of liability, the action may be con ed, by or against the original party; unless the directs the person, to whom the interest is transor upon whom the liability is devolved, to be substituted in the action, or joined with the original party, as the case requires. Co. Proc., 121, the third sentence. Arnold v. Keyes, 37 N. Y. Supr. 135; People v. Oswego, etc., 2 T. & C. 431; Lament v. Haight, 44 How. 1. § 757. [Amended, 1879.] When sole party dies and action survives. — In case of the death of a sole plaintiff,(1) or a sole defendant,(2) if the cause of action survives or continues, the court must, upon a motion,(3) allow or compel the action to be continued, by or against his representative, or successor in interest. Id., second sentence, am'd. McCulloch v. Norwood, 58 N. Y. 562; Peach v. Reynolds, 53 id. 1. (1) Jarvis v. Felch, 14 Abb. 46; Ridgeway . Bulkley, 7 How. 269; Green v. Bates, id. 296; Banta v. Marcellus, 2 Barb. 373; Bain v. Pine, 1 Hill, 615; Reed v. Butler, 11 Abb. 128; Lynde v. O'Donnell, 21 How. 34; Rogers v. Adriance, 22 id. 97; Lyons v. Third Av. R. R. Co., 7 Rob. 605; Robinson v. Brisbane, 7 Hun, 180. (2) Keene v. La Farge, 1 Bosw. 671; 16 How. 377; Hopkins v. Adams, 5 Abb. 351; Mosely v. Mosely, 11 id. 105; Putnam v. Van Buren, 7 How. 31; Mosely v. Albany N. R. R. Co., 14 id. 71; Yertore v. Wiswall, 16 id. 8; Doedt v. Wiswall, 15 id. 128; Livermore v. Bainbridge, 49 N. Y. 125; Prouty v. Lake Shore, 52 id. 363; Leavey v. Gardner, 63 id. 624. (3) Palmer v. Murray, 18 How. 546; Livingston. Olyphant, 3 Rob. 639; Greene v. Bates, 7 How. 296; Taylor v. Taylor, 43 N. Y. 578. § 758. [Amended, 1877.] Id.; when one of several parties dies. In case of the death of one of two or more plaintiffs, or one of two or more defendants, if the entire cause of action survives to or against the others, the action may proceed in favor of or against the survivors. (1) But the estate of a person or party jointly liable upon contract with others shall not be discharged by his death, and the court may make an order to bring in the proper representative of the decedent, when it is necessary so to do, for the proper disposition of the matter; and, where the liability is several as well as joint, may order a severance of the action so that it may proceed separately against the representative of the decedent, and against the surviving defendant or defendants. (2) 2 R. S. 386,1 (2 Edm. 401). (1) Hackett v. Belden, 10 Abb. N. S. 123; 47 N. Y. 624; Williams v. Kent, 15 Wend. 361; Ryghtmyer v. Dunham, 12 id. 245; Taylor v. Church, 9 How. 190; 12 N. Y. Leg. Obs. 156; Dyck. man v. Allen, 2 How.17; Williamson v. Moore, 5 Sandf. 647; Bond v. Smith, 4 Hun, 48; Livingston v. Rendall, 59 Barb. 493; Arthur v. Griswold, 60 N. Y. 143; 16 Abb. N. S. 235; Livermore v. Bushnell, 5 Hun, 285. (2) See Wood v. Fisk, 63 N. Y. 245; Getty v. Binsse, 49 id. 385; Pickersgl . Lahens, 15 Wall. 140. 759. Id.; when part of cause of action survives In case of the death of one of two or more plaintiffs, or one of two or more defendants, if part only of the cause of action, or part or some of two or more distinct causes of action, survives to or against the others, the action may proceed, without bringing in the successor to the rights or liabilities of the deceased party; and the judgment shall not affect him, or his interest in the subject of the action. But where it appears proper so to do, the court may require or compel the successor, or a person who claims to be the successor, to be brought in as a party, upon his own application or upon the application of a party to the action. Statitute for 2 R. S. 184, 185, portions of 108, 109, 115, 117, 120, and 121. Arthur v. Griswold, 60 N. Y. 143; Livermore v. Bushnell, 5 Hun, 285; Leggett v. Dubois, 2 Paige, 211; White v. Buloid, id. 475: Hoffman v. Treadwell, 6 id. 308; Halstead v. Cockroft, 49 How. 342. S760. [Amended, 1879.] The same. In a case ne. In a cas specified in the foregoing sections of this title, where such a person applies in his own behalf, the court may direct that he be made a party, by amendment of the pleadings, or otherwise as the case requires. Where an application is made by the plaintiff, to bring in such a person as defendant, the court may direct that a supplemental summons issue, and that supplemental pleadings be made. Where an application is made by a defendant to bring in such a person, the court may, and where the protection of the applicant's rights requires it, must, permit the defendant to commence a tion for that purpose. The cross action must ught in the same court, unless the order otherpecially directs. If it directs that the action be enced in another court, the latter court may, by at any time after the cross action is commenced, ove to itself the original action, with like effect as had been brought therein. Unless othe court herwise directs, the original action and the cross ction must be tried, and judgment rendered therein, if they were one action, goatality; wollt. (2 Edm. 191). See note to last section. At 51. When court may order action abated. tinued by the proper parties, within a time specified ir the order, not less than six months, nor more than one year, after the granting thereof. Co. Proc., 121, fifth sentence, am'd. Mapes v. Snyder, 59 N. Y. 450; Nims v. Sabine, 44 How. 252; Cox v. N. Y. C., etc., 63 N. Y. 414; Liver more v. Bainbridge, 49 id. 125; Bainbridge v. Maller, 4 Hun, 674; MoCulloch v. Norwood, 58 N. Y. 562; Bond v. Smith, 4 Hun, 48. §762. Special cases excepted. The foregoing provisions of this title do not apply to a case, where spe cial provision is otherwise made by law. New. § 763. Death of party after verdict, etc.— If either party to an action dies, after an accepted offer to allow judgment to be taken, or after a verdict, report, or decision, or an interlocutory judgment, but before final judgment is entered, the court must enter final judg ment, in the names of the original parties; unless the offer, verdict, report, or decision, or the interlocutory judgment, is set aside. 2 R. S. 387, 1, am'd. Cox v. N. Y. C., etc., 63 N. Y. 414; Norton v. Wiswall, 14 How. 42; Ehle v. Moyer, 8 id. 244; Diefendorf v. House, 9 id. 243; Broas v. Mersereau, 18 Wend. 653; Webber's Executors v. Underhill, 19 id. 447; Burhans v. Burhans 10 id. 602; Hays v. Thoma, 56 N. Y. 521. 764. Action for a wrong not to abate after verdict, etc.-After verdict, report, or decision, in an action to recover damages for a personal injury, the action does not abate by the death of a party, but the subsequent proceedings are the same as in a case where the cause of action survives. And in case said verdict, report or decision is reversed upon questions of law only, said action does not abate by the death of the party against whom the same was rendered.* See Kelsey v. Jewett, 34 Hun, 11; Cox v. N. Y. C., 63 N. Y. 414; Wood v. Phillips, 11 Abb. N. S. 1. § 765. No verdict, etc., can be taken after a party's death. This title does not authorize the entry of a judg ment against a party, who dies before a verdict, report, or decision is actually rendered against him. In that case, the verdict, report, or decision is absolutely void. 2 R. S. 387, 25 (2 Edm. 402), am'd. *Last sentence in effect Sept. 1, 1890. report, or decision, by a justice of the supreme court, or by a judge of a superior city court within the city wherein his court is located, or by the county judge of the county where the action is triable, or in which the attorney for the applicant resides.(3) Where such an order grants a provisional remedy, it can be vacated only in the mode specially prescribed by law; in any other case, it may be vacated or modified, without notice, by the judge who made it, or, upon notice, by him, or by the court.(4) Co. Proc., & 401, subd. 3; and id., 324, consolidated and am'd. (1) Mann v. Tyler, 6 How. 236. (2) Otis v. Spencer, 8 id. 171. (3) Kennedy . Simmons, 4 T. & C. 82; s. c., 1 Hun, 603; Parmenter v. Roth, 9 Abb. N. S. 385; Otis v. Spencer, 8 How. 171. (4) Peck v. Yorks, 24 id. 363; 41 Barb. 547; Swift v. Wylie, 5 Rob. 641; Bank of Genesee v. Spencer, 15 How. 14; Culver v. Hollister, 17 Abb. 405; Follett v. Weed, 3 How. 360: Lindsay v. Sherman, 5 id. 308; Blake v. Locy, 6 id. 108. § 773. The same. The limitation, contained in the last section, of the county judges who may make an order, does not apply to a case where it is prescribed in this act, in general words, that a particular order may be made by a county judge, or by any county judge. eNew. See preceding section. colom noster Leistbet ag 774. [Amended, 1877.] Review of order made by a judge of another court. An order, made by a judge of a court, other than the court in which the action is pending, may be reviewed in the same manner, as if it was made by a judge of the court, in which the action is pending.on 979 Co. Proc.. 403, last clause, am'd. See327, ante; also, Temporary Act, 25; Conklin v. Dutcher, 5 How. 386. heads od iw to el noiton $775. [Amended, 1877.] When stay of proceedings ot to exceed twenty days. An order to stay proceedage in an action, for a longer time than twenty days, shall not be made by a judge, out of court, except to stay proceedings under an order or judgment appealed from, or where it is made upon notice of the application, to the adverse party, or in cases where special provision is otherwise made by law. Id., 401, subd. 6. Mills v. Thursby, 11 How. 114; Sales Woodin, 8 id. 350; Chubbuck v. Morrison, 6 id. 367; Anonymous, 5 Sandt Marvin v. Lewis, 12 Abb. 482; Adams v. Sage, 13 How. 18; Salls. 16. Subsequent application for order after denial |