han five years by such a disability, nor, in any ore than one year after the disability ceases. R. 8. 594, 22 and 24. 92. Restitution; when directed. — Where a judg. set aside for any cause, upon motion, the court rect and enforce restitution, in like manner, with ect, and subject to the same conditions, as where ment is reversed upon appeal. form. Bee1323, post. party. But the appeal cannot be heard, until he has been substituted in place of the party; and if he unres sonably neglects to procure an order of substitution, the appeal may be dismissed, upon motion of the respondent. New. 1297. Appeal when adverse party has died. Where the adverse party has died, since the making of the order, or the rendering of the judgment appealed from, or where the judgment appealed from was rendered, after his death, in a case prescribed by law, an appeal may be taken, as if he was living; but it cannot be heard, until the heir, devisee, executor, or admin. istrator, as the case requires, has been substituted as the respondent. In such a case, an undertaking required to perfect the appeal, or to stay the execution of the judgment or order appealed from, must recite the fact of the adverse party's death; and the undertaking enures, after substitution, to the benefit of the person substituted. $1298. [Amended, 1877.] Proceedings, when party dies pending appeal. Where either party to an appeal dies, before the appeal is heard, or has heretofore died, and the appeal has not been heard, if an order, substi tuting another person in his place, is not made, within three months after his death, or, where he has heretofore died, within three months after this section takes effect, the court, in which the appeal is pending, may, in its discretion, make an order, requiring all persons interested in the decedent's estate, to show cause before it, why the judgment or order appealed from should not be reversed or affirmed, or the appeal dismissed, as the case requires. The order must specify a day, when use is to be shown, which must be not less than six onths after making the order; and it must designate e mode of giving notice to the persons interested. on the return day of the order, or at a subsequent appointed by the court, if the proper person has been substituted, the court, upon proof, by affidavit, notice has been given, as required by the order, averse or affirm the judgment or order appealed dismiss the appeal, or make such further order remises, as the case requires. e for Co. Proc., part of 121. See Beach v. Gregory, 2 Abb. v. Gunn, 7 How. 159; Hastings v. McKinley, 8 id. 175; Schuemiers, 28 1d. 514; s. c., 1 Daly, 459. 9. Order of substitution.-Where the appeal is e court to another, an application for an order of ion, as prescribed by the last three sections, made to the appellate court. Where personal of notice of application for an order has been ithin the State, upon the proper representative ecedent, an order of substitution may be made, application of the surviving party. ■. Appeal, how taken. An appeal must be serving,(1) upon the attorney for the adverse = prescribed in article third of title sixth of eighth of this act, and upon the clerk, with e judgment or order appealed from is entered, it in his office, a written notice,(2) to the effect, appellant appeals from the judgment or or-om a specified part thereof. , ? 327, first sentence. (1) Morris v. Morange, 17 Abb. 86; 8. 247; Ellsworth v. Fulton, 24 id. 20; Tripp v. De Bow, 5 id. v. Eldridge, 7 id. 108; Crittenden v. Adams, 5 td. 310; Cotes 3 id. 436. (2)Pickersgill v. Read, 5 Hun, 120; Wilson v. Allen, 3 People v. Boylston, 17 id. 120; Sherman v. Wells, 14 id. 525, Fassitt, 12 Abb. 281; s. c., 33 Barb. 645; Garnsey v. Knight, 9; Barnes v. Stoughton, 6 Hun, 254. 1. When notice of appeal to specify interlocugment, etc. Where the appeal is from a final t, or from a final order in a special proceeding, ippellant intends to bring up, for review there. interlocutory judgment, or an intermediate must, in the notice of appeal, distinctly specify locutory judgment, or intermediate order, to ved. rm. See? 1316 and 1317, post. 1. Proceedings, if attorney or party not found. attorney for the adverse party is dead; or if he removed, and notice of the removal has been pon the appellant's attorney, and another attor hot been substituted in his place; or if, for any ervice of a notice of appeal, upon the proper for the adverse party, cannot, with due dili party. But the appeal cannot be heard, until he has been substituted in place of the party; and if he unressonably neglects to procure an order of substitution, the appeal may be dismissed, upon motion of the respondent. New. 1297. Appeal when adverse party has died. Where the adverse party has died, since the making of the order, or the rendering of the judgment appealed from, or where the judgment appealed from was rendered, after his death, in a case prescribed by law, an appeal may be taken, as if he was living; but it cannot be heard, until the heir, devisee, executor, or admin. istrator, as the case requires, has been substituted as the respondent. In such a case, an undertaking required to perfect the appeal, or to stay the execution of the judgment or order appealed from, must recite the fact of the adverse party's death; and the undertaking nures, after substitution, to the benefit of the person substituted. New. § 1298. [Amended, 1877.] Proceedings, when party dies pending appeal.--Where either party to an appeal dies, before the appeal is heard, or has heretofore died, and the appeal has not been heard, if an order, substi tuting another person in his place, is not made, within three months after his death, or, where he has heretofore died, within three months after this section takes effect, the court, in which the appeal is pending, may, in its discretion, make an order, requiring all persons interested in the decedent's estate, to show cause before it, why the judgment or order appealed from should not be reversed or affirmed, or the appeal dismissed, as the case requires. The order must specify a day, when cause is to be shown, which must be not less than six months after making the order; and it must designate the mode of giving notice to the persons interested. Upon the return day of the order, or at a subsequent day, appointed by the court, if the proper person has not been substituted, the court, upon proof, by affidavit, that notice has been given, as required by the order, may reverse or affirm the judgment or order appealed dismiss the appeal, or make such further order remises, as the case requires. te for Co. Proc., part of 121. See Beach v. Gregory, 2 Abb. v. Gunn, 7 How. 159; Hastings v. McKinley, 8 id. 175; Schuemiers, 28 id. 514; s. c., 1 Daly, 459. 9. Order of substitution.—Where the appeal is e court to another, an application for an order of tion, as prescribed by the last three sections, made to the appellate court. Where personal of notice of application for an order has been ithin the State, upon the proper representative ecedent, an order of substitution may be made, e application of the surviving party. D. Appeal, how taken. An appeal must be serving,(1) upon the attorney for the adverse s prescribed in article third of title sixth of eighth of this act, and upon the clerk, with he judgment or order appealed from is entered, it in his office, a written notice,(2) to the effect, appellant appeals from the judgment or orcom a specified part thereof. ,327, first sentence. (1) Morris v. Morange, 17 Abb. 86; 8. 247 Ellsworth v. Fulton, 24 id. 20; Tripp v. De Bow, 5 id. v. Eldridge, 7 id. 108; Crittenden v. Adams, 5 1d. 310; Cotes 5 id. 436. (2)Pickersgill v. Read, 5 Hun, 120; Wilson v. Allen, 3 People v. Boylston, 17 id. 120; Sherman v. Wells, 14 id. 525, Fassitt, 12 Abb. 281; s. c., 33 Barb. 645; Garnsey v. Knight, 9; Barnes v. Stoughton, 6 Hun, 254. 1. When notice of appeal to specify interlocugment, etc.— Where the appeal is from a final t, or from a final order in a special proceeding, appellant intends to bring up, for review there. interlocutory judgment, or an intermediate must, in the notice of appeal, distinctly specify rlocutory judgment, or intermediate order, to ved. rm. See 1316 and 1317, post. 2. Proceedings, if attorney or party not found. attorney for the adverse party is dead; or if he removed, and notice of the removal has been pon the appellant's attorney, and another attor not been substituted in his place; or if, for any ervice of a notice of appeal, upon the proper for the adverse party, cannot, with due dili |