in behal of the landlord, upon the lessee, as prescribed in this title for the service of a precept. An acceptance of any rent by the lessor or his legal representatives 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, has, during the term, taken the benefit of an 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 execution against him, or a person under whom he claims, and a title under the sale has been perfected. Supp. 363. 2. Where the property has been duly sold, upon the fore- 5 N. Y. closure, by proceedings taken as prescribed in title ninth of this chapter, of a mortgage executed by him, or a person under whom he claims, and the title under the foreclosure has been duly 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. [Am'd 1894; amendment to take effect September 1, 1894.] 12 Abb. N Where he, or the person to whom he has succeeded, has in- C 348. traded into, or squatted upon, any real property, without the permission of the person entitled to the possession thereof, and the occupancy, thus commenced has continued without permission from the latter; or, after a permission given by him has been revoked, and notice of the revocation given to the person or persons to be removed. 56 N.Y. Sup- § 2233.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, but in a case where entry is given by law; and, in such a 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, and legal representatives, may be removed therefrom, as prescribed in this title. S$ 120, 1211, sol. Act. § 2234. [Am'd 1881, 1884, 1895, amendment to take effect 1357, 1621, January 1, 1896.] *Application for removal of a person from 1523, Con- real property, as prescribed in this title, may be made to the 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, C. 357. (a) See note to § 3215. trict court of the district* within which the property, or a portion thereof, is situated; or if the judge of such court be for any reason disqualified, to the district court of an adjoining district; if in the city of Brooklyn,* to a police justice of that city; if in the city of Albany, or the city of Troy, to a justice of the justice's court of that city; if in the city of Yonkers, to the city judge of that city; if in the cites of Syracuse, Rochester or Buffalo, to a judge of the municipal court of said cities. Where the property is situated in an incorporated village, the boundaries of which embrace portions of two or more towns, application may be made to a justice of the peace of either town, who keeps an office in the village. § 2235. The application may be made by the landlord or lessor of the demised premises; the purchaser upon the execution or foreclosure sale; the person forcibly put out or kept out; the person with whom, as owner, the agreement was made, or the owner of the property occupied under an agreement, to cultivate the property upon shares, or for a share of the crops; or the person lawfully entitled to the possession of the property intruded into or squatted upon, as the case requires; or by the legal representative, agent, or assignee of the landlord, purchaser, or other person, so entitled to apply. The applicant must present to the judge or justice, a written petition verified in like manner as a verified complaint in an action brought in the supreme court; describing the premises of which the possession is claimed, and the interest therein of the petitioner, or the person whom he represents; stating the facts, which, according to the provisions of this title, authorize the application by the petitioner, and the removal of the person in possession; naming, or otherwise intelligibly designating, the person or persons against whom the special proceeding is instituted, and, if there are two or more such persons, and some are undertenants or assigns, specifying who are principals or tenants, and who are undertenants or assigns; and praying for a final order to remove him or them accordingly. 5N.Y. State 22 Misc. 228. 2236. Where the person to be removed is a tenant at 139 N. Y. 5 will, or at sufferance, the petition must state the facts, showing that the tenancy has been terminated, by giving notice, as required by law. Where the application is made in a case specified in section two thousand two hundred and thirty-two of this act, the petition must state that a notice, in behalf of the applicant, requiring all persons occupying the property to quit the same, by a day therein specified, has been either served personally upon the person or persons to be removed, or affixed conspicuously upon the property, at least ten days before the day specified therein. 2237. An owner or tenant of real property, in the immediate neighborhood of other demised real property, which is used or occupied as a bawdy-house, or house of assignation for lewd persons, may serve personally upon the 4 See note to § 3215, 145 N.Y. 540. 145 N.Y. 540. and in such a penalty as the surrogate approves, describing the property or specifying the sum of money, and condi tioned that the principal in the bond will pay to the obligee or his successor the money, or that he will deliver to him the property, or in default thereof, pay to the obligee the full value of the property and, in either case, that he will pay all damages awarded against him for withholding the property, whenever it is determined in an action or special proceeding, to be brought by the obligee or his successor, that it belongs to the estate of the decedent. On the presentation of such a bond, and the payment of the costs, if any, which the surrogate or other officer awards to the petitioner within such a time as the surrogate or other officer fixes for that purpose, an order must be made, dismissing the proceedings. Where the decree requires the person cited to deliver money, disobedience thereto may be punished as a contempt of the court. Where it requires him to deliver possession of other property, a warrant must be issued, on the application of the petitioner, directed to the sheriff, or, generally, to any constable of the county, or any marshal of the city where the property may be found, commanding him to search for it; to seize it, if it is found in the posses sion of the person cited or his agent, or a person deriving title from him since the presentation of the petition, and for that purpose, if necessary, to break open any house in the day time; to deliver the property so seized to the peti tioner; and to return the warrant within sixty days there. after. If the decree was made by the surrogate or temporary surrogate, the warrant must be under the seal of the surrogate's court; if by any other officer, it must be under his hand and returnable before him. The issuing of such warrant does not affect the power of the court to enforce the decree or any part thereof by punishing disobedience thereto. $ 2711. [Am'd 1881, 1893.] On the application of an executor or administrator, the surrogate, by writing, must appoint two disinterested appraisers, as often as may be necessary, to appraise the personal property of a deceased person, who shall be entitled to receive a reasonable compensation for their services, to be allowed by the surrogate, not exceeding for each the sum of five dollars for each day actually employed in making appraisement, in addition to expenses actually and necessarily incurred. The number of days' services rendered, and the amount of such expenses, must be verified by the affidavit of the appraiser, delivered to the executor or administrator, and adjusted by the surrogate before payment of his fees. The executors and administrators, within a reasonable time after qualify. ing and after giving a notice of at least five days to the leg a copy of the precept, and at the same time showing him the original. 2. If the person, to whom the precept is directed, resides in the city or town in which the property is situated, but is absent from his dwelling-house, service may be made by delivering a copy thereof, at his dwelling-house, to a person of suitable age and discretion, who resides there; or, if no such person can, with reasonable diligence, be found there, upon whom to make service, then by delivering a copy of the precept, at the property sought to be recovered, either to some person of suitable age and discretion residing there, or if no such person can be found there, to any person of suitable age and discretion employed there. 3. Where service cannot, with reasonable diligence, be made, as prescribed in either of the foregoing subdivisions of this section, by affixing a copy of the precept upon a conspicuous part of the property. If the precept is returnable on the day on which it is issued, it must be served at least two hours before the hour at which it is returnable; in every other case, it must be served at least two days before the day on which it is returnable. 50, § 2241. A person, to whom a copy of a precept, directed 13 Civ. Pre to another, is delivered, as prescribed in this title, must without any avoidable delay, deliver it to the person to whom it is directed, if he can be found within the same town or city; or, if he cannot be so found, to his agent therein; and if neither can be so found, after the exercise of reasonable diligence, before the time when the precept is returnable, to the judge or justice who issued the same, at the time of the return thereof, with a written statement indorsed thereupon, that he has been unable, after the exercise of reasonable diligence, to find the person to whom the precept is directed, or his agent, within the town or city. A person, who wilfully violates any provision of this section, is guilty of a misdemeanor; and, if he is a tenant upon the property, forfeits to his landlord the value of three years' rent of the premises occupied by him. A copy of this section must be indorsed upon each copy of a precept, served otherwise than personally upon the person to whom it is directed. $2242. Where the case is within section two thousand two hundred and thirty-seven of this act, the precept must be directed to and served upon the owner or landlord, or his agent, and also upon the tenant or occupant of the property. Either or both of them may, upon the return day, appear and show cause why the tenant or occupant should not be removed from the property. 2243. At the time when the precept is returnable, the petitioner must, unless the adverse party appears, make due proof of the service thereof, showing the time, and the place and manner of service; and, unless service was made per sonally upon the adverse party, or by affixing a copy of the |