*725 Order affirmed, without costs. Under the circumstances of this case the court in its discretion had the power to make the order which it made, and, therefore, the questions certified are answered as follows: First, second and third questions answered in the affirmative; fourth and fifth questions in the negative; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Collin, Cuddeback, Hogan and Oardozo, JJ. Seabury, J., dissents as to the answer to the fifth question.