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. 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 term 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.

2 R. S. 512, 828 (2 Edm. 529), amended; L. 1849, ch. 193; also, 855, added by L. 1868, ch. 764, 1 (7 Edm. 335), and L. 1873, ch. 583, 81 (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 N. Y. 333; People v. Hovey, 4 Lans. 86; People v. Simpson, 37 Barb. 432; s. 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. 280; Spraker v. Cook, 16 id. 567; Brown v. Betts, 13 Wend. 29; Birdsall v. Phillips, 17 id. 464; Hallenbeck v. Garner, 20 id. 22; Moffatt v. 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. 335; s. 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, upc foreclosure, by proceedings taken as prescribed ninth of this chapter, of a mortgage executed

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. Where he, or the person to whom he has succeeded, has intruded into, or squatted upon, a parcel of land, in a city or incorporated village, without the permission of the person entitled to the possession thereof, and the occupancy, thus commenced, has continued without per mission 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.

Subd. 4 of 28, R. S., amended, L. 1874, ch. 208, and 131, R. S. Spraker . Cook, 16 N. Y. 567; L. 1874, ch. 471: People r. Hovey, 4 Lans. 86; Benjamin r. Benjamin, 5 N. Y. 383: People v. Simpson, 28 id. 55; Park r. Castie, 19 How. 29: Smith v. Littlefield, 51 N. Y. 539: Hunt r. Comstock, 15 Wend. 665; Anderson v. Prindle, 23 id. 616: People r. Kelsey, 38 Barb. 269; s. c., 14 Abb. 372; Miller r. Levi, 41 N. Y. 489; Oakley v. Skoonmaker, 15 Wend. 226; Beach . Nixon, 9 N. Y. 35, 37; Russell r. Russell, 32 How, 400; Wright . Mosher, 16 id. 454 Williams r. Bigelow, 11id. 83; Burnell v. Scribner, 16 Barb, 621; Livingston r. Tanner, 14 N. Y. 64: People v. Simpson, 14 Abb. 457, and note; Carlisle r. McCall: Nichols r. Williams, 8 Cow. 13: see Roach r. Cosine, 9 Wend. 227: Sims . Humphrey, 4 Den. 185; Freeman v. Ogden, 40 N. Y. 105; Brown v. 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 forcible 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, 22 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 v. Warren, 17 Wend, 257.

* § 2234. [Amended 1881 and 1884.] Application to whom made. Application for the 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 a portion thereof, is situated. Application may also be made, if the property, or a portion thereof, be situated *See 59 How. 432.

in the city of New-York to a justice of the marine court of that city or to the district court of the district within which the property, or a portion thereof, is situated; or if the justice 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 Yonk. ers, to the city judge of that city; if in the cities of Ro chester or Buffalo, to a judge of the municipal court of that city. Where the property is situated in an incor porated 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,

Sec. 28, R. S., amended; L. 1849, ch. 193 (2 Edm. 529); Const., art. 6, 15; Const. 1846, art. 6, 15; L. 1819, ch. 306; L. 1851, ch. 108; Const. 1869, art. 6, 16; L. 1850, ch. 205, 23; L. 1875, ch. 259, 1; L. 1852, ch. 324, 1; L. 1857, ch. 344, 77, subd. 2; L. 1863, ch. 189 (6 Edm. 86), Code of Proc. 266, amended; L. 1870, ch. 741, 24 (7 Edm. 774); L. 1877, ch. 187; L. 1870, ch. 386; L. 1821, ch. 47, 81; L. 1834, ch. 271, 21 and 19; L. 1872, ch. 866, 1; L. 1873, ch. 61, 82; L. 1878, ch. 186, 87; L. 1876, ch. 196, 285 and 16; L. 1849, ch. 125, 26; L. 1870, ch. 470, 13; L. 1854, ch. 96, 25; L. 1857, ch. 361, 26; 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; B. 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 justice, a written petition, verified in like manner as a ver. ified 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 intelli gibly 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. *

Sections 2, 3, and 29, R. S., amended and consolidated. Weyman Johnson, 8 Alb. L. J. 382; Wiggin v. Woodruff, 16 Barb. 474; Benjamin v. Benjamin, 5 N. Y. 383; Deuel v. Rust, 24 Barb. 438; Cunningham v. Goelet, 4 Den. 71; Simpson v. Rhinelanders, id. 103; Hallenbeck v. Garner, 20 Wend. 22; Hill v. Stocking, 6 Hill, 314; Prindle v. Anderson, 19 Wend. 391; People v. Boardman, 4 Keyes, 59; People v. Matthews, 38 N. Y. 451; People v. Andrews, 52 id, 445; Brown v. Mayor, etc., 66 id. 385; Jarvis v. Driggs, 69 id. 146; 22 842,844, ante; People v. Johnson, 1 Pars. Sup. Ct. 578; Campbell v. Mallory, 22 How. 183; Powers v. Witty, 42 id. 352; Prouty v. Prouty, 5 How. 81, 95; Buck v. Bininger, 3 Barb. 391; Matter of Robinson, 1 How. 213; Russell v. Russell, 32 id. 400; McGuire v. Ulrich, 2 Abb. 28; People v. Teed, 48 Barb. 429; s. c., 33 How. 238; Smith v. Heustis, Hill & Denio, 236; Rogers v. Lynds, 14 Wend. 172; People v. Boardman, 4 Keyes, 90; Norsworthy v. Bryan, 33 Barb. 143; McCoy v. Hyde, 8 Cow. 68; People v. Alden, 26 How. 166; People v. Platt, 43 Barb. 116; Brown v. New York, 6 N. Y. 385; People v. Lamb, 10 Hun, 348; People v. De Camp, 12 id. 378.

2236. Notice to be given in certain cases.-Where the person to be removed is a tenant at 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 2232 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 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.

Sec. 31, R. S., and L. 1857, ch. 396, 2 and 3 (4 Edm. 617). Reeder v. Sayre, 70 N. Y. 180; People ex rel. Sandford v. Gedney, 15 Hun, 475; and 1 R. S. 745, 28 7 and 8 (1 Edm. 696); Rowan v. Little, 11 Wend. 616; Allen. Jaquesh, 21 id. 628; Garner v. Hannah, 6 Duer, 262, 270; Liv ingston v. Tanner, 14 N. Y. 64; Smith e. Littlefield, 51 id. 539; People v. Goelet, 14 Abb. N. S. 130; s. c., 64 Barb. 476; People v. Schackno, 48 id. 551; Sarsfield v. Healy, 5 id. 245; Post v. Post, 14 id. 253; Nichols v. Williams, 8 Cow. 13; Rogers v. Lynds, 14 Wend. 172; People v. Stuyvesant, 1 Hun, 102; People v. Fowler, id., 104; note s. c., 58 N. Y. 323.

2237. Petition by neighbor of bawdy-house, etc. -An owner or tenant of real property, in the immedi ate 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 owner or landlord of the premises, so used or occupied, or upon his agent, a written notice, requiring the owner or landlord to make an application for the re*See 1 T. & C. 533.

moval of the person so using or occupying the same. If the owner or landlord, or his agent, does not make such an application, within five days thereafter; or having made it, does not in good faith diligently prosecute it; the person giving the notice may make such an application, stating in his petition, the fact so entitling him to make it. Such an application has the same effect, except as otherwise expressly prescribed in this title, as if the applicant was the landlord or lessor of the premises.

Secs. 56 and 61, R. S.; L. 1868, ch. 764 (7 Edm. 335)

§ 2238. Precept.-The judge or justice, to whom a petition is presented, as prescribed in either of the foregoing sections of this title, must thereupon issue a precept, directed to the person or persons designated in the petition, as being in possession of the property, and requiring him or them forthwith to remove from the property, describing it, or to show cause, before him, at a time and place specified in the precept, why possession of the property should not be delivered to the petitioner, or, in the case specified in the last section, to the owner or landlord. The precept must be returnable, not less than three nor more than five days after it is issued; except that, where the proceeding is taken, upon the ground that a tenant continues in possession of demised premises after the expiration of his term, without the permission of his landlord, and the appli cation is made on the day of the expiration of the lease, or on the next day thereafter, the precept may, in the discretion of the judge or justice, be made returnable on the day on which it is issued, at any time after twelve o'clock, noon, and before six o'clock in the after

* Id., 30, amended; L. 1851, ch. 460; L. 1868, ch. 828, 1 (7 Edm. 355). Hill v. Stocking, 6 Hill, 314; Cunningham v. Goelet, 4 Denio, 71; Sims v. Humphrey, id. 185; Deuel v. Rust, 24 Barb. 438; Russell v. Ostrander, 30 How. 93; People ex rel. v. Andrews, 52 N. Y. 445.

§ 2239. Id.; in New York city.-In the city of New. York, where the application is made to a district court, the petition must be filed with, and the precept must be issued by, the clerk of the court; and the precept must be made returnable before the court, at the place desig nated, pursuant to law, for holding the court; and all subsequent proceedings in the cause must be had at that