Section 749. Warrant  


Latest version.
  • 1. Upon rendering a final judgment for petitioner, the
      court  shall issue a warrant directed to the sheriff of the county or to
      any constable or marshal of the city in which the property, or a portion
      thereof, is situated, or, if it is  not  situated  in  a  city,  to  any
      constable  of  any  town  in  the  county,  describing the property, and
      commanding the officer to remove all persons, and, except where the case
      is within section 715, to put the petitioner into full possession.
        2. The officer to whom the warrant is  directed  and  delivered  shall
      give  at  least  seventy-two  hours  notice,  excluding any period which
      occurs on a Saturday, Sunday or a public holiday, in writing and in  the
      manner  prescribed  in  this  article  for  the  service  of a notice of
      petition, to the person or persons to be  evicted  or  dispossessed  and
      shall execute the warrant between the hours of sunrise and sunset.
        3.  The  issuing  of a warrant for the removal of a tenant cancels the
      agreement under which the person removed held the premises,  and  annuls
      the  relation of landlord and tenant, but nothing contained herein shall
      deprive the court of the power to vacate such  warrant  for  good  cause
      shown  prior  to the execution thereof. Petitioner may recover by action
      any sum of money  which  was  payable  at  the  time  when  the  special
      proceeding  was  commenced  and  the  reasonable  value  of  the use and
      occupation to the time when the warrant was issued, for  any  period  of
      time with respect to which the agreement does not make any provision for
      payment of rent.