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for recording deeds, in each county where the real property is situated. Art. 2, R. S., 83. See 2177, ante, and cases there cited.
$ 2227. Removal of trustee ; appointment of new trustee.- Upon the application of any person, entitled to apply for an order, appointing trustees of the prise oner'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 dis. cretion, 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 be or they had been apo pointed by the original order.
& 2228. Prisoner's property: how applied. After deducting their commissions and expenses, 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 prisoner's wife and children, and of such other relatives as he is bound to support, and to the education of his children. Part of 84, art. 2, R. S.
§ 2229. Id. ; to be delivered to him on his digcharge.- When the prisoner dies, or is lawfully discharged from imprisonment, the trustee or trustees must deliver over to him, or to his legal represent atives, all his property, remaining in their hands, after deducting therefrom their lawful expenses and commissions. Id., & 15.1
$ 2230. Application of this article to persons here. tofore sentenced. This article applies to a prisoner who has been sentenced before this chapter takes effector and to his property; except where one or more trustees of his property have been theretofore appointed, by proceedings taken in pursuance of a statute then in force. New.
Summary proceedings to recover the possession of real
Bc. 2231. When tenant may be removed.
2232. Person holding over land sold, etc., may be removed.
court for trial.
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 will, or at sufferance, or for part of a year, or for one or more years, of real property, includ. ing a specific or undivided portion of a house, or other dwelling, and his assigns, undertenants, or legal representatives, may be removed therefrom, as prescribed in this title:
1. (Amended, 1894.) Where he holds over and continues in possession of the demised premises, or any portion thereof, after the expi. ration 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 occupant of the premi. ses 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 occupaucy by the 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 occupancy has expired, or the relation of mas.
ter and servant or employer and employee was lawfully terminated before the expiration of such term of employment; but nothing in this subdivision contained shall be construed as preventing the removal of such occupant in any other lawful manner. In effect September 1, 1894 ; Laws 1891, ch. 333.
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, and a demand of the rent has 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, has 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 continues in possession of the demised premises, or any portion thereof, after deFault in the payment, for sixty days after the same shall be payable, of any taxes or assessments levied on such demised premises which he has agreed in writing to pay, pursuant to the agreement under which the demised premises are held, and a demand for the payment of such taxes or assessments has been made, or at least three 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 served, in behalf of the landlord, upon the lessee, as prescribed in this title for the service of a precept. Auacceptance 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 term of three years or less, bas, 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 00cupied as a bawdy-pouse or house of assignation for lewd persons, or for any illegal trade or manufacture, or other illegal business.
IR. S. 512, % 28 (2 Elm. 529), amended; L. 1819, ch. 193; also, 8 55, added by L. 1868, ch. 764, 2117 Edm. 333), and L. 1873, ch. 583, & 1 (9 Edm. 653), consolidated and amended. Croft, Adm'x, v. King. Exr., N. Y. C. P., 19 Alb. L. J. 441; People v. Dudley, 58 N. Y. 328; People ex rel. Morgan v. Keteltas, 12 Hun, 67 ; People ex rel. Jay v. Bennett, 14 id, 58; Armstrong v. Cummings, 20 id. 313; People v. Ingersoll, id. 316; Bostwick v. Frankfield, 11 id. 475 ; Benjamin v. Benjamin, 5 Ń. Y. 383; People v. Hovey, 4 Lans. 86; People v. Simpson, 37 Barb. 432; 8. c., 28 N. Y. 55; 23 How. 481; 14 Abb. 457 ; Park v. Castle, 19 How. 29; Smith v. Littlefield, 51 N. Y. 539; Hunt v. Comstock, 15 Wend. 665; Anderson v. Prindle, 23 id. 616; Miller v. Levi, 44 N. Y, 489 ; Burnett v. Scribner, 16 Barb. 621 ; People v. Swayse, 15 Abb. 432; Wilder v. Ewbank, 21 Wend.587; Jackson v. Sheldon, 5 Cow. 448; Beach v. Nixon, 9 N. Y. 35; Miller v. Levi, 44 id. 489; Johnson v. Oppenheim, 55 id. 230 ; Spraker v. Cook, 16 id. 567 ; Brown v. Betts, 13 Wend. 29; Birdsall v. Phillips, 17 id. 461; Hallenbeck v. Garner, 20 id. 22; Moffatt 0. Smith, 4 N. Y.'126 ; Griffin v. Clark, 33 Barb. 46; Williams' v. Bige. low, 11 How. 83; Burnell v. Scribner, 16 Barb. 621; Ex parte Wiggins, 11 N. Y. Leg. Obs. 89; s. C., 16 Barb. 474; Brown v. New York, 66 N. Y. 385; 8. C., 5 Daly, 481; Paine v. Trinity Church, 7 Hun, 89; People v. Keteltas, 12 id. 67.
$ 2232. Person holding over land sold, etc., may be removed. In either of the following cases, a person, who holds over and continues in possession of real property, after notice to quit the same has been given, as prescribed in section 2236 of this act, and his assigns, tenants, or legal representatives, 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.
2. Where the property has been duly sold, upon the foreclosure, 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. [Amended, 1894.) Where he, or the person to whom he has succeeded, has intruded 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. In effect September 1, 1894; Laws 1894, ch. 232.
Subd. 4 of % 28, R. S., amended, L. 1874, ch. 208, and 931, R. S. Spraker r. Cook, 16 N. Y. 567 ; L. 1874, ch. 471; People v. Hovey, 4 Lans. 86: Benjamin v. Benjamin, 5 N. Y. 383: People v. Simpson, 28 id. 55; Park v. Castle, 19 Hlow. 29: Smith v. Littletield, 51 N. Y. 539; Hunt v. Comstock, 15 Wend. 665; Anderson v. Prindle, 23 id. 616; People v. Kelsey, 38 Barb. 269 ; s. C., 14 Abb. 372: Miller v. Levi, 41 Ñ. Y. 489; Oakley o. Skoonmaker, 15 Wend. 226 , Beach v. Nixon, 9 N. Y. 35, 37, Russell o, Russell, 32 How, 400; Wright v. Mosher, 16 id. 454 Williams v. Bigelow, 11 id. 83; Burnell v. Scribner, 16 Barb, 621; Livingston v. Tanner, 14 N. Y. 64; People v. Simpson, 14 Abb. 457, and note; Carlisle v. McCall: Nichols v. Williams, 8 Cow. 13; see Roach v. Cosine, 9 Wend. 227 ; Sims v. Humphrey, 4 Den. 185; Freeman v. Ogden, 40 N. Y. 105; Brown o. Betts, 13 Wend. 29; Birdsall v. Philips, 17 id. 464 ; Hallenbeck v. Garner, 20 id. 22.
$ 2233. Id.; in case of forcible entry or detainer.An entry shall not be made into real property, but in a case where entry is given by law; and, in such a case, only in a peaceable manner, not with strong hand, nor with multitude of people. A person who makes a for. cible entry forbidden by this section, or who, having peaceably entered upon real property, holds the posses. sion thereof by force, and his assigns, undertenants, and legal representatives, may be removed therefrom, as prescribed in this title.
2 R. S. 507, 8% 1 and 2 (2 Edm. 523). Bliss v. Johnson, 73 N. Y. 529: Wood v. Phillips, 43 id. 152; People v. Smith, 24 Barb. 16; Willard o. Warren, 17 Wend. 257.
*82234. [Amended, 1895.] Application; to whom made.- Application for removal of a person from real property, as prescribed in this title, may be made to the county judge or special county judge of the county or a justice of the peace of the city or town or the mayor or recorder of the city wherein the real property, or å portion thereof, is situated. Application may also be made, if the property, or a portion thereof, be situated
* See 59 Hov. Pr. 432.
in the city of New York to a judge of the city court of the city of New York or the district 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 justices' court of that city; if in the city of Yonkers, to the city judge of that city; if in the cities 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.
In effect Jan, 1, 1896; L. 1895, ch. 946. Sec. 28, R S., amended : 1. 1849, ch, 193 (2 Edm. 529); Const., art. 6, 15: Const. 1845, art. 6, 215; L. 1819, ch. 306; L. 1851, ch. 108; Const. 1869, art. 6, 16; L 1850, ch. 205, 23; L. 1875, ch. 259, 21; L. 1852, ch. 324, 31; L. 1857, ch. 341, 277, subd. 2; L. 1863, ch. 189 (6 Edm. 86), Code of Proc. 266, amended; L. 1870, ch. 741, 4 (7 Edm, 774); L. 1877, ch. 187; L. 1870, ch. 386; L. 1821, ch. 47,81; L. 1834, ch. 271, % 1 and 19; L. 1872 ch, 866 ; 1; L. 1873, 1. 61. 2 2; L. 1878, ch. 186, 37; L. 1876, ch. 196, đồ and 16; L. 1819, ch. 125, 26; L. 1870, ch. 470, 13; 1.. 1854, ch. 96, 25; L. 1857, ch. 301, 86; People v. Third Dist. Court, 57 How. Pr. 443; Murray v. James, 37 How. 52; S, C., 2 Daly, 437 ; Carlisle v. McCall, 1 Hilton, 399; Gillilan v. Spratt, 8 Abb. N. S. 13; People v. Russell, 19 Abb, 136 8. c., 29 How. 176; People v. Willis, 5 Abb. 205; McIntyre v. Hernandez, 7 Abb. N. S. 214 ; s. c. 39 How. 121.
$ 2235. Petition by person entitled to possession, 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 jus. tice, a written petition, verified in like manner as a verified complaint in an action brought in the supremo court; describing the premises of which the possession is claimed, and the interest therein of the petitioner, or the person whoin he represents; stating the facts, which, according to the provisions of this title, author. ize the application by the petitioner, and the removal of the person in possession ; naming, or otherwise intelli. cihly designating the person or persons against whom