order vacating an award, or from a judgment entered upon an award, as from an order or judgment in an action. The proceedings upon such an appeal, includ ing the judgment thereupon, and the enforcement of the judgment, are governed by the provisions of chapter twelfth of this act, as far as they are applicable.

Id., 22 16, 17, 20 and 21, amended. Dibble v. Camp, 10 Abb. N. S. 92; s. c., 60 Barb. 150; Turnbull v. Martin, 2 Daly, 428; s. c. 37 How. 20: Ketcham v. Woodruff, 24 Barb. 147; Hollenback v. Flemming, 6 Hill, 303; Wilson v. Williams, 66 Barb. 209.

2382. Effect of party's death, lunacy, etc.; proceedings thereupon.-The death of a party to a submission, made either as prescribed in this title or otherwise, or the appointment of a committee of the person or property of such a party, as prescribed in title sixth of this chapter, operates as a revocation of the submission, if it occurs before the award is filed or delivered; but not afterwards. Where a party dies afterwards, if the submission contains a stipulation, authorizing the entry of a judgment upon the award, the award may be con firmed, vacated, modified, or corrected, upon the appli cation of, or upon notice to, his executor or administra tor, or a temporary administrator of his estate; or, where it relates to real property, his heir or devisee, who has succeeded to his interest in the real property. Where a committee of the property, or of the person, of a party, is appointed, after the award is filed or delivered, the award may be confirmed, vacated, modified, or corrected, upon the application of, or notice to, a committee of the property, but not otherwise. In a case specified in this section, a judge of the court may make an order, extending the time within which notice of a motion to vacate, modify, or correct the award, must be served. Upon confirming an award, where a party has died since it was filed or delivered, the court must enter judgment in the name of the orig. inal party; and the proceedings thereupon are the same, as where a party dies after a verdict.

New Power v. Power, 7 Watts, 205; in other states, Dexter v. Young, 40 N. H. 130; Sutton v. Tyrrell, 10 Vt. 91.

§ 2383. Revocation of submission. · A submission to arbitration, made either as prescribed in this title or otherwise, cannot be revoked by either party, after the allegations and proofs of the parties have been closed,

and the matter finally submitted to the arbitrators for their decision. A revocation, when allowed, must be made by an instrument in writing, signed by the revok. ing party, or his authorized agent and delivered to the arbitrators, or one of them; and it is not necessary in any case, that the instrument of revocation should be under seal. Any party to a submission may thus revoke it; whether he is a sole party to the controversy, or one of two or more parties on the same side,

Id., part of 23. Bank of Monroe v. Widner, 11 Paige, 529; Bloomer v. Sherman, 3 id. 575; s. c., 2 Edw. Ch. 452; Heath v. President of Gold Exchange, 7 Abb. N. S. 271; s. c., 38 How. 168; see Austin v. Searing, 16 N. Y. 112; Allen v. Watson, 16 Johns. 205; see Van Antwerp v. Stewart, 8 id. 125; Robertson v. McNeil, 12 Wend. 578; Frets v. Frets, 1 Cow. 335; Howard v. Cooper, 1 Hill, 44; French v. New, 20 Barb. 481; see? 2368, ante, and cases cited.

§ 2384. Liability of party who revokes.- Where a party expressly revokes a submission, made either as prescribed in this title or otherwise, any other party to the submission may maintain an action against him, and also against his sureties, if any, upon the submis sion, or any instrument collateral thereto, in which action the plaintiff may recover all the costs and other expenses, and all the damages, which he has incurred in preparing for the arbitration, and in conducting the proceedings to the time of the revocation. Either of the arbitrators may recover, in an action against the revoking party, his reasonable fees and expenses.

.

Id., part of ?? 23 and 24, R. S. Curtis v. Barnes, 30 Barb. 225; Frets v Frets, i Cow. 335; Smith v. Compton, 20 Barb. 262.

§ 2385. Limitation of recovery against him.— A sum, penalty, forfeiture, or damages, shall not be recovered for a revocation of a submission to arbitration, made either as prescribed in this title or otherwise, except as prescribed in the last section; notwithstanding any stipulated damages, penalty, or forfeiture, expressed in the submission, or in any instrument col lateral thereto.

Id., 25.

§ 2386. Application of this title. This title does not affect any right of action in affirmance, disaffirmance, or for the modification of a submission, made either as prescribed in this title or otherwise, or upon an instrument collateral thereto, or upon an award made or purporting to be made in pursuance thereof. And,

except as otherwise expressly prescribed therein, this title does not affect a submission, made otherwise than as prescribed therein, or any proceedings taken pursuant to such a submission, or any instrument collateral thereto.

Part of 22, amended. Burnside v. Whitney, 24 Barb. 632; s. c., 21 N. Y. 148.

Proceedings to foreclose a mortgage by advertisement.

SEC. 2387. When mortgage may be foreclosed.

2388. Notice of sale; how given.

2389. Id.; how served.

2390. Duty of county clerk.

2391. Contents of notice of sale.

2392. Sale; how postponed.

2393. Id.; how conducted.

2394. Mortgagee, etc., may purchase.

2395. Effect of sale.

2396. Affidavit of sale, and of posting, serving, etc., notices.

2397. When one affidavit suffices; printed notice to be annexed," 2398. Affidavits may be filed and recorded.

2399. Note upon record of mortgage.

2400. Deed not necessary.

2401. Costs allowed.

2402. Expenses allowed.

2403. Taxation thereof.

2404. Surplus money to be paid into supreme court.

2405. Claimant of surplus money to file petition.

2406. Application for surplus money.

2407. Order for distribution.

2408. Limitation of last four sections.

2409. Application of this title to mortgages to the State.

2387. When mortgage may be foreclosed.-A mortgage upon real property, situated within the State, containing therein a power to the mortgagee, or any other person, to sell the mortgaged property, upon de fault being made in a condition of the mortgage, may be foreclosed, in the manner prescribed in this title, where the following requisites concur:

1. Default has been made in a condition of the mort. gage, whereby the power to sell has become operative. 2. An action has not been brought to recover the debt secured by the mortgage, or any part thereof; or, if such an action has been brought, it has been discon tinued, or final judgment has been rendered therein against the plaintiff, or an execution, issued upon a

judgment rendered therein in favor of the plaintiff has been returned wholly or partly unsatisfied.

3. The mortgage has been recorded in the proper book for recording mortgages, in the county wherein the property is situated.

2 R.S. 545, 22 1 and 2 (2 Edm. 564). Elliott v. Wood, 45 N. Y. 71; Central Gold M. Co. v. Platt, 3 Daly, 263; Burnett v. Denniston, 5 Johns. Ch. 35; Ferguson v. Kimball, 3 Barb. Ch. 616; Jackson ex dem. Lockwood v. Turner, 7 Wend. 458; Cox v. Wheeler, 7 Paige, 250; Cameron v. Irwin, 5 Hill, 272; Warner v. Blakeman, 36 Barb. 501; s. c., 4 Keyes, 487; Cohoes Co. v. Goss, 13 Barb. 137: Carpenter v. Blackhawk Gold Mining Co., 65 N. Y. 43; Central Gold Mining Co. v. Platt, 3 Daly, 263; Mowry v. Sanborn, 68 N. Y. 153, 156; Grovenor v. Day, Clarke, 109; Wells v. Wells, 47 Barb. 416; Slee v. Manhattan Co., 1 Paige, 48; Demarest v. Wynkoop, 3 Johns. Ch. 129.

§ 2388. Notice of sale; how given.-The person en titled to execute the power of sale, must give notice, in the following manner, that the mortgage will be fore closed, by a sale of the mortgaged property, or a part thereof, at a time and place specified in the notice :

1. A copy of the notice must be published, at least once in each of the twelve weeks, immediately preceding the day of sale, in a newspaper published in the county wherein the property to be sold, or a part thereof, is situated.

2. A copy of the notice must be fastened up, at least eighty-four days before the day of sale, in a conspicuous place, at or near the entrance of the building, where the county court of each county, wherein the property to be sold is situated, is directed to be held; or, if there are two or more such buildings in the same county, then in a like place, at or near the entrance of the building nearest to the property; or, in the city and county of New-York, in a like place, at or near the entrance of the building, where the court of common pleas for that city and county is directed by law to be held.

3. A copy of the notice must be delivered, at least eighty-four days before the day of sale, to the clerk of each county, wherein the mortgaged property, or any part thereof, is situated.

4. A copy of the notice must be served, as prescribed in the next section, upon the mortgagor, or, if he is dead, upon his executor or administrator. A copy of the no tice may also be served, in like manner, upon a subse quent grantee or mortgagee of the property, whose con veyance was recorded, in the proper office for recording

it in the county, at the time of the first publication of the notice of sale; upon the wife or widow of the mortgagor, and the wife or widow of each subsequent grantee, whose conveyance was so recorded, then having an inchoate or vested right of dower, or an estate in dower, subordinate to the lien of the mortgage; or upon any person, then having a lien upon the property, subsequent to the mortgage, by virtue of a judgment or decree, duly docketed in the county clerk's office and constituting a specific or general lien upon the property.

The notice, specified in this section, must be subscribed by the person entitled to execute the power of sale, unless his name distinctly appears in the body of the notice, in which case, it may be subscribed by his attorney or agent.

Id., 3, amended; L. 1842, ch. 277.85; L. 1844, ch. 346, 8 1, and L. 1857, ch. 308, 21 (4 Edm. 534, 667). Cohoes Co. v. Goss, 13 Barb. 137; Winslow v. McCall, 32 id. 241; Wells v. Wells, 47 id. 416; Mills v. Van Voorhies. 20 N. Y. 412; Brackett e. Baum, 50 id. 8-12; Merchants' Bank v. Thomson, 55 id. 7; see 2 2395, subd. 5, post; People v. Prescott, 4 Hun, 419; Van Slyke e. Sheldon, 9 Barb. 278: King Duntz, 11 id. 191: Rathboner. Clark, 9 Abb. Pr. 66, note; Mowry Sanborn, 65 N. Y. 581; 8.c., 68 id. 153; Candee v. Burke, 1 Hun, 546: Mickles e. Dillaye, 15 id. 296; Cole v. Moffitt, 20 Barb. 18; Anderson v. Austin, 34 id. 319; Decker v. Brice, 19 Hun, 152; Miller v. Lindsay, 19 id. 207; Hubbell v. Sipley, 5 Lans. 51: 8. c., 50 N. Y. 468; Wilson e. Troup, 2 Cow. 195, 231; Westgate v. Handlin, 7 How. 372; Hornby v. Cramer, 12 id. 490; Judd v. O'Brien, 21 N. Y.186; see Leet v McMaster, 51 Barb. 237; see Wheeler v. Scully, 50 N. Y. 667; George v. Arthur, 2 Hun, 406; Groff e. Morehouse, 51 N. Y.503 n; Decker v. Boice, 19 Hun, 152; Anderson v. Austin, 34 Barb. 319; Low v. Purdy, 2 Lans. 422; Northrup v. Wheeler, 43 How, 122.

$2389. [Amended, 1887.] Id.; how served.— Service of notice of the sale, as prescribed in subdivision fourth of the last section, must be made as follows:

1. Upon the mortgagor, his wife, widow, executor, or administrator, or a subsequent grantee of the property, whose conveyance is upon record, or his wife or widow; by delivering a copy of the notice, as prescribed in article first of title first of chapter fifth of this act, for delivery of a copy of a summons, in order to make personal service thereof upon the person to be served; or by leav ing such a copy, addressed to the person to be served, at his dwelling-house, with a person of suitable age and discretion at least fourteen days before the day of sale. If said mortgagor is a foreign corporation, or being a natural person, he, or his wife, widow, executor or administrator, or a subsequent grantee of the prop erty whose conveyance is upon record, or his wife or widow, is not are sident of or within the State, then service thereof may be made upon them in like manner without the State, at least twenty-eight days prior to the day of sale.

2. Upon any other person, either in the same method, or by depositing a copy of the notice in the post-office, properly inclosed in a postpaid wrapper, directed to the