e as the court prescribes, to the petitioner, and to such ersons interested, as the court thinks proper to designate, -t, by which the order was granted, may, in its discretion, any trustee, and appoint another in his place; or may, ape or more additional trustees. The new trustee or trusappointed, have the same power and authority, are vested e same right, title and interest, and are subject to the ties and liabilities, as if he or they had been appointed Original order. . Prisoner's property; how applied. deducting their commissions and expenses, allowed by d paying the prisoner's debts, the trustees may, from time, under the direction of the court by which they were d, apply the surplus of any money in their hands, to the of the prisoner's wife and children, and of such other as he is bound to support, and to the education of his 4, art. 2, R. S. . Id.; to be delivered to him on his discharge. the prisoner dies, or is lawfully discharged from iment, the trustee or trustees must deliver over to him, or to representatives, all his property, remaining in their hands, ducting therefrom their lawful expenses and commissions. Application of this article to persons heretofore ed. -ticle applies to a prisoner who has been sentenced before -ter takes effect, and to his property; except where one or stees of his property have been theretofore appointed, by ags taken in pursuance of a statute then in force. 599 TITLE II. Summary proceedings to recover the possession of real property. Sec. 2231. When tenant may be removed. 2232. Person holding over land sold, etc., may be removed. 2234. Application; to whom made. 2235. Petition by person entitled to possession. 2236. Notice to be given in certain cases. 2237. Petition by neighbor of bawdy-house, etc. 2241. Duty of person to whom copy of precept is delivered. 2242. When precept to be served on landlord of bawdy-house, etc. 2243. Proof of service of precept. 2244. Answer. 2245. Issues upon forcible entry or detainer. 2246. In N. Y. district court cause may be transferred to another court for trial. 2247. Trial. 2248. Adjournment. 2249. Final order upon trial. 2250. Amount of costs; how collected. 2251. Warrant to dispossess defendant. 2252. Execution of warrant. 2253. When warrant cancels lease; exception. 2254, Warrant; when and how stayed. 2255. Undertaking; how disposed of. 2256. Redemption by lessee. 2257. Id.; by creditor of lessee. 2258. The last two sections qualified. 2259. Order to be made thereupon; liability of person redeeming. 2261, Effect of appeal limited in certain cases. 2262. Warrants; how stayed on appeal. 2263. Appellate court may award restitution; action for damages. 2265. How proceedings, under this title to be stayed. § 2231. When tenant may be removed. In either of the following cases, a tenant or lessee at wil or at sufferance, or for part of a year, or for one or more years of real property, including a specific or undivided portion of house, or other dwelling, and his assigns, undertenants, or lez representatives, may be removed therefrom, as prescribed in this title: 1. [Am'd, 1894.] Where he holds over and continues possession of the demised premises, or any portion thereof, after the expiration of his term, without the permission of the land lord; including, elsewhere than in the city of New York at! Brooklyn, a case where the person to be removed became the occupant of the premises as a servant or employee and the relation of master and servant or employer and employee has been lawfully terminated or the time fixed for such occupanc by the agreement between the parties, has expired; but if br such agreement the servant was to be permitted to occupy such premises for a period beyond the term of employment such removal shall not be had under this subdivision unless suel period so permitted for occupancy has expired, or the relati of master and servant or employer and employee was lawful terminated before the expiration of such term of employment but nothing in this subdivision contained shall be construed a ing the removal of such occupant in any other lawful , ch. 333. here he holds over, without the like permission, after a in the payment of rent, pursuant to the agreement vhich the demised premises are held, and a demand of has been made, or at least three days' notice in writing, g, in the alternative, the payment of the rent, or the on of the premises, has been served, in behalf of the entitled to the rent, upon the person owing it, as prein this title for the service of a precept. ere in any city in this State he holds over and continues ession of the demised premises, or any portion thereof, fault in the payment, for sixty days after the same payable, of any taxes or assessments levied on such premises which he has agreed in writing to pay pur› the agreement under which the demised premises are 1 a demand for the payment of such taxes or assessments made, or at least three days' notice in writing, requiring, Iternative, the payment thereof and of any interest and thereon, or the possession of the premises, has been n behalf of the landlord, upon the lessee, as prescribed itle for the service of a precept. An acceptance of any the lessor or his legal representatives shall not be 1 as a waiver of the agreement of the lessee to pay assessments, so as to preclude the lessor from the of this chapter. ere he, being in possession under a lease for a term of ars or less, has, during the term, taken the benefit of vent act, or has been adjudicated, a bankrupt, under a law of the United States.. re the demised premises, or any part thereof, are used ed as a bawdy-house or house of assignation for lewd or for any illegal trade or manufacture, or other illegal 512, § 28 (2 Edm. 529), am'd; L. 1849, ch. 193; also, § 55, added 3. ch. 764, § 1 (7 Edm. 335), and L. 1873, ch. 583, § 1 (9 Edm. lidated and am'd. Person holding over land sold, etc., may be re er of the following cases, a person, who holds over and in possession of real property, after notice to quit the been given, as prescribed in section 2236 of this act, assigns, tenants, or legal representatives, may be rerefrom, as prescribed in this title: re the property has been sold by virtue of an execution im, or a person under whom he claims, and a title - sale has been perfected. re the property has been duly sold, upon the foreclosure, dings taken as prescribed in title ninth of this chapter, tgage, executed by him. or a person under whom he the title under the foreclosure has been duly re he occupies or holds the property, under an agreement owner to occupy and cultivate it upon shares, or re of the crops, and the time, fixed in the agreement cupancy, has expired. 4. [Am'd, 1894.] Where he, or the person to whom he ha succeeded, has intruded into, or squatted upon, any real property without the permission of the person entitled to the possessio thereof, and the occupancy, thus commenced, has continued with out permission from the latter; or, after a permission given b him has been revoked, and notice of the revocation given t the person or persons to be removed. Subd. 4 of § 28, R. S., am'd; L. 1874, ch. 208, and § 31, R. S.; L. 18 ch. 232. § 2233. Id.; in case of forcible entry or detainer. An entry shall not be made into real property, but in a ca where entry is given by law; and, in such a case, only in peaceable manner, not with strong hand, nor with multitude people. A person who makes a forcible entry forbidden by th section, or who, having peaceably entered upon real prope holds the possession thereof by force, and his assigns, unde tenants, and legal representatives, may be removed therefr as prescribed in this title. 2 R. S. 507, §§ 1 and 2 (2 Edm, 523). § 2234. [Am'd, 1895.] Application; to whom made. Application for removal of a person from real property, prescribed in this title, may be made to the county judge special county judge of the county or a justice of the peace the city or town or the mayor or recorder of the city where the real property, or a portion thereof, is situated. Applicat may also be made, if the property, or a portion thereof, situated in the city of New York to a judge of the city cour: the city of New York or the district court of the district with which the property, or a portion thereof, is situated, or if judge of such court be for any reason disqualified, to the dis court of an adjoining district; if in the city of Brooklyn, t police justice of that city; if in the city of Albany, or in the of Troy, to a justice of the justices' court of that city; if in the of Yonkers, to the city judge of that city; if in the cities Syracuse, Rochester or Buffalo, to a judge of the munic court of said cities. Where the property is situated in an is porated village, the boundaries of which embrace portions two or more towns, application may be made to a justice of peace of either town, who keeps an office in the village. Section 28, R. S.. am'd; L. 1849, ch. 193 (2 Edm. 529); Const., art. 6 1 Const. 1846, art. 6, § 15: L. 1849, ch. 306; L. 1851, ch. 108; Const. art. 6. § 16; L. 1850, ch. 205, § 3; L. 1875, ch. 259, § 1; L. 1852, ch. 324 L. 1857, ch. 344. 8 77, subd. 2; L. 1863, ch. 189 (6 Edm. 86); Co. P § 66. am'd; L. 1870, ch. 741, § 4 (7 Edm. 774); L. 1877, ch. 187: L ch. 386; L. 1821, ch. 47, § 1: L. 1834, ch. 271, §§ 1 and 19; L. 1872, § 1: L. 1873, ch. 61. § 2: L. 1878. ch. 186. § 7; L. 1876, ch. 196, $$ 5 atc, L. 1849, ch. 125, § 26; L. 1870, ch. 470, § 13; L. 1854, ch. 96, § 25; L ch. 361, § 6; L. 1895, ch. 946. § 2235. Petition by person entitled to possession. The application may be made by the landlord or lessor of demised premises; the purchaser, upon the execution or fo closure sale; the person forcibly put out or kept out; the pers with whom, as owner, the agreement was made, or the ow of the property occupied under an agreement, to cultivate property upon shares, or for a share of the crops; or the pers lawfully entitled to the possession of the property intruded d upon, as the case requires: or by the legal repregent, or assignee of the landlord, purchaser, or other entitled to apply. The applicant must present to the ustice, a written petition, verified in like manner as complaint in an action brought in the supreme court: the premises of which the possession is claimed, and therein of the petitioner, or the person whom he stating the facts, which, according to the provisions , authorize the application by the petitioner, and the the person in possession; naming, or otherwise inesignating the person or persons against whom the ceeding is instituted, and, if there are two or more s, and some are undertenants or assigns, specifying rincipals or tenants, and who are undertenants or ad praying for a final order to remove him or them 3, and 29, R. S., am'd and consolidated. See 1 T. & C. 533. otice to be given in certain cases. he person to be removed is a tenant at will, or at the petition must state the facts, showing that has been terminated, by giving notice, as required Where the application is made in a case specified in 2 of this act, the petition must state that a notice, in the applicant. requiring all persons occupying the quit the same, by a day specified, has been either onały upon the person or persons to be removed, or picuously upon the property, at least ten days before cified therein. R. S., and L. 1857, ch. 396, §§ 2 and 3 (4 Edm. 617). etition by neighbor of bawdy-house, etc. or tenant of real property, in the immediate neighother demised real property, which is used or occupied -house, or house of assignation for lewd persons, may ally upon the owner or landlord of the premises, so upied, or upon his agent, a written notice, requiring or landlord to make an application for the removal n so using or occupying the same. If the owner or his agent, does not make such an application, within ereafter; or having made it. does not in good faith rosecute it; the person giving the notice may make lication, stating in his petition, the fact so entitling e it. Such an application has the same effect, except expressly prescribed in this title, as if the applicant dlord or lessor of the premises. nd 61, R. S.; L. 1868, ch. 764 (7 Edm. 335). ecept. or justice, to whom a petition is presented, as either of the foregoing sections of this title, must ssue a precept. directed to the person or persons n the petition, as being in possession of the property, g him or them forthwith to remove from the proping it, or to show canse, before him, at a time aoð ed in the precept, why possession of the prope |