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indebted, the court may grant or deny the prayer of the petition, as justice requires.

$ 2226. The entry of the order, appointing one or more trustees, and the filing of the papers upon which it was granteil, vest in the trustee or trustees all the right, title and interest of the prisoner, in and to any property, real or personal. Where the prisoner owns real property, an exemplified copy of the order must be recorded, in the proper office for ri cording deeds, in each county where the real property is situated.

$ 2227. Upon the applicatiun of any person, entitled to apply for an order, appointing trustees of the prisoner's property, and upon such a notice as the court prescribes, to the petitioner, and to such other persons interested, as the court thinks proper to designate, the court, by which the order was granted, may, in its discretion, remove any trustee, and appoint another in his place; or may appoint one or more additional trustees. The new trustee or trustees, so appointed, have the same power and authority, are vested with the same right, title and interest, and are subject to the same duties and liabilities, as if he or they had been appointed by the original order.

§ 2228. After deducting their commissions and er. penses, allowed by law, and paying the prisoner's debts, the trustees may, from time to time, under the direction of the court by which they were appointed, apply the surplus of any money in their hands, to the support of the prisoners wife and children, and of such other relatives as he is bound to support and to the education of his children.

$ 2229. When the prisoner dies, or is lawfully discharged from imprisonment, the trustee or trustees must deliver over to him or his legal representatives, ill bis property, remaining in their hands, after deducting there from their lawful expenses and commissions.

171

8 2230

SUMMARY PROCEEŠisiGS.

$ 2230. This article applies to a prisoner who has been sentenced before this chapter takes effect, and to his property; except where one or more trustees of bis property have been theretofore appointed, by proceedings taken is pursuance of a statute then in force.

TITLE II.

Summary proceedings to recover the possession of real

property. (a) (b)

$ 2247. Trial. 2248. Adjournment. 2249. Final order upon trial. 2250. Amount of costs; how

collected 2251. Warrant to dispossess de

fendant, 2252. Execution of warrant. 2253. When Warrant cancels

lease ; exception.
2254. Warrant; when and how

stayed
2255. Undertaking; how

dis-
posed of.
2256. Redemption by lessee.
2257. Id.; by creditor of lessee.
2258. The last

two

sections qualified. 2259. Order to be made there.

@ 2231. When tenant may be re

moved. 2:232. Persons holding over land

sold, etc., may be re

moved. 2233. Id.; in case of forcible

entry or detainer. 2234. Application ; to whom

made. 2235. Petition by person en

titled to possession. 2236. Notice to be given in cer

tain cases. 2237. Petition by neighbor of

bawdy house, eto. 2238. Precept. 2239. Id.; in New York city. 2240. Id.; how served. 2241. Duty of person to whom

copy of precept is de.

livered. 2242. When precept to be

served on landlord of

bawdy-house, etc. 2243. Proof of service of pre

cept. 2244. Answer. 2245. Issues upon forcible entry

or detainer,
2246. In N. Y. district court

cause may be trans-
ferred to another court
for trial.

upon; liability of per.

son redeeming.
2260. Appeal.
2261. Effect of appeal limited in

certain cases.
2262. Warrant; how stayed on

appeal.
2263. Appellatecourt may award

restitution : action for

damages.
2264. Application of this title ;

effect of final order.
2265, How proceedings under

this title to be stayed.

• See L. 1889, C. 357.

b. As to the creation of the Municipal Court of the City of New York, by the Greater New York Charter, see note to $ 3215.

25 N. Y.

928.

$ 2231. [Am’d 1885, 1894.] In either of the following cases State Rep. a tenant or lessee at will, or at sufferance, or for part of a

year, or for one or more years, of real property, including 11 Daly, 150,

á specific or undivided portion of a house or other dwelling. and his assigns, under tenants, or legal representatives may be removed therefrom as prescribbd in this title.

23 Misc. 645,

1. (Amended 1894;amendment to take effect September 1, 1894.] When he holds over and continues in possession of the demised premises, or any portion thereof, after the expiration of his term, without the permission of the landlord ; includ. ing elsewhere than in the city of New York and Brooklyn, a case where the person to be removed became the occupadi of the premises as a servant or employe and the relation of master and servant or employer or employe has been lawfully terminated or the time fixed for such occupancy by ihe agreement between the parties, has expired; but if by 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 such period so permitted for occupanıyhi.sexpired, or the r+lation of master and servant or employer and employe was lawfully terminated before the expiration of such term of employ. ment; but nothing in this subdivision contained shall be construed as preventing the removal of such occupant in any other lawful manner.

2. Where he holds over, without the like permission, after a default in the payment of rent, pursuant to the agreement under which the demised premises are held, anit a demand of the rent hus been made, or at least three days' notice in writing, requiring, in the alternative, the payment of the rent, or the possession of the premises, bas been served, in behalf of the person entitled to the rent, upon the person owing it, as prescribed in this title for the service of a precept.

3. Where in any city in this state he holds over and coo. tinues in possession of the demised premises, or any por: tion thereof, after default in the payment, for sixty days after the same shall be payable, of any taxes or assessmelis levied on such demised premises which he has agreed in writing to pay pursuant to the agreement under wiicb clic demised premises are held, and a demand for the payment of such taxes or assessments has been made, or at least thre2 days' notice. in writing, requiring, in the alternative. the payment thereof and of any interest and penalty thereon, or the possession of the premises, has been srved,

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in lebali of the landlord, upon the lessee, as prescribed in this uile for the service of it precept. An acceptance of aby reut by the lessor or his legal represeníatives shall not be construed as a waiver of the agreement of the lessee to pay taxes or assessments, so as to preclude the lessor from the benefits of this chapter.

4. Where he, being in possession under a lease for a tern of three years or less, bas, during the term, taken the benefit of av insolvent act, or has been adjudicated a bankrupt, under a bankrupt law of the United States.

5. Where the demised premises, or any part thereof, are used or occupied as a bawdy house, or house of assignation for lewd persons, or for any illegal trade or manufacture, or other illegal business.

$ 2232. [Am'd 1894.) In either of the following cases, a person, who holds over and continues in possession of real

34 Hun, 340. property after notice to quit the same has been given, as prescribed in section two thousand two hundred and thirty-six of this act, and his assigns, tenants, or legal representative, may be removed therefrom, as prescribed in this title :

1. Where the property has been sold by virtue of an exe. cution against him, or a person under whom he claims, and a title under the sale has been perfected.

2. Where the property has been duly sold, upon the fore- 6 N. Y. closure, by proceedings taken as prescribed in title ninth

Supp. 363. of this chapter, of a mortgage executed by him, or a person noder whom he claims, and the title under the foreclosure has been tluly perfected.

3. Where he occupies or holds the property, under an agreement with the owner to occupy and cultivate it upon shares, or for a share of the crops, and the time, fixed in the agreement for his occupancy has expired.

4. [ Amd 1894 ; amendment to take effect September 1, 1894.) 12 Abb. N Where he, or the person to whom he has succeeded, his in- c. 348. trnded into, or squatted upon, any real property, without the permission of the person entitled to the possession thereof, and i he occupancy, thus commenced has continued without permission from the latter; or, after a permission given by him has been revoked, and notice of the revocation given to the person or persons to be removed.

56 N. Y. Sup. $ 2233. An entry shall not be made into real property, er. Ct. (J. & but in a case wbere entry is given by law; and, in such a 139 N.Y. 541. cas-, only in a peaceable manner, not with strong hand,

nor with multitude of people. A person who makes a forcible entry forbidden by this section, or who, having peaceably entered upon real property, holds the possession thereof by force, and his assigns, undertenants, avd legal representatives, may be removed therefrom, as prescribed in this title.

sol. Act.

S$ 120, 1211, § 2234. [Am'd 1881, 1884, 1895, amendment to take effect 1357,

1521, January 1, 1896.] *Application for removal of a person from 1523,

Con real property, as prescribed in this title, may be made to the 34 Hun, 55. county judge or special county judge of the county, or a jus.

tice of the peace (a) of the city or town, or the mayor or recorder of the city, wherein the real property, or a portion thereof, is situated. Application may also be made, if the property, or a portion thereof, be situated in the city of New York, to a judge of the city court of the city of New York or the dis

* See L. 1889, 0. 357. (a) Soo note to 8 3213.

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