may be made as prescribed in section 466 by each owner of one or more animals seized; in which case, if possession is delivered to him as prescribed in that section, the petitioner's remedy for his damages is the same with respect to the animal or animals of which possession is not so delivered, and against the proceeds of the sale thereof, as if those whereof possession is so delivered had not been trespassing upon the property. [Code, § 3109, without change.] § 478. Proceedings in other cases, where there are different owners. Where the petitioner does not allege that the animals seized were trespassing on real property owned or occupied by him, and different persons own different animals seized, a separate special proceeding may be instituted, as prescribed in this article, against each owner, or against any two or more owners, with respect to the animals owned by him or them. Or the proceedings may be taken against all the owners jointly; in which case each person to whom the precept is directed by his name, and each person having an interest in an animal seized, has the same right to demand the possession of the animal owned by him, and the same right to answer separately, as if the special proceeding was against him separately; and the final order may be in favor of one or more of the persons so answering, with respect to the animal or animals owned by him or them, and for his or their costs; and against the remainder of the persons answering, or to whom the precept was directed, or for the sale of the remainder of the animals, in like manner, as if the former persons had not answered, or had not been named in the precept. But the person first making a demand of the possession of any animal seized must pay all the costs to the time of the demand; and a person subsequently making a demand is excused from the payment of any costs except those which have accrued since the former demand. [Code, § 3110, without change.] § 479. Surplus where there are different owners.-Where proceedings are taken jointly against different persons who own different animals seized, as prescribed in either of the last two sections, the surplus remaining in the justice's hands must be distributed between them in proportion to the value of the animals owned by each, to be determined by the justice. Any owner may claim separately his proportion of the surplus; and sections 461 and 462 apply to a claim made, and to the disposition of the surplus arising as prescribed in this section. [Code, § 3111, without change.] § 480. When one action supersedes any other.-Where two or more persons, or an officer and a private person, are authorized by this article to bring an action, or to seize an animal, and to take the proceedings prescribed in this article for the disposition thereof, the commencement of an action or the seizure of the animal by either of them supersedes the right of any of the others to bring such an action, or to make such a seizure, with respect to the animal seized, or in question in the action. But the justice may in his discretion allow an officer or other person who is interested in the recovery, or in the application of the proceeds of the sale, to appear in the action or special proceeding for the purpose of protecting his interest, and to take such part of the proceedings therein as the judge thinks proper. [Code, § 3112, without change.] § 481. Rights of officer when private person fails to prosecute. -Where a seizure is made by a private person as prescribed in this article and the possession of an animal seized is abandoned by him without filing a petition; or where an action brought by a private person as prescribed in this article is settled or discontinued by the plaintiff; the officer to whom the penalty is pay. able, as prescribed in section 451, or in subdivision four of section 460 may, unless he has assented to the abandonment, settlement, or discontinuance, maintain an action against the owner of the animal in question to recover the penalty so payable to him; and on proof of the facts which would have entitled the plaintiff in the former action, or the petitioner in the special proceeding, to recover, he is entitled to judgment accordingly. [Code, § 3113, without change.] § 482. Person having a special property deemed owner.-When a person is at the time of the seizure entitled to the possession of an animal as against the general owner thereof, by virtue of a special property therein, he is deemed for all the purposes of this article the owner thereof. [Code, § 3114, without change.] § 483. Agent may act for his principal.-The duly authorized agent of the owner or person entitled to the possession of an animal as specified in the last section may in his own name, answer, make any demand, or take any other proceeding which the owner or person so entitled may take as prescribed in this article. [Code, § 3115, without change.] ARTICLE XVII. SUMMARY PROCEEDINGS TO RECOVER POSSESSION OF REAL PROPERTY. Section 490. When tenant may be removed. 491. Persons holding over land sold may be removed. 492. In case of forcible entry or detainer. 493. Application; to whom made. 494. Application; by whom made. 496. Notice to be given in certain cases. 497. Petition by neighbor of bawdy-house. Section 498. Precept; contents. 499. Precept; return. 500. Precept in New York city. 501. Precept; how served. 502. Duty of person to whom copy of precept is de livered. 503. When precept to be served on landlord of bawdyhouse. 504. Proof of service of precept. 505. Answer. 506. Issues on forcible entry or detainer. 507. In New York municipal court, cause may be transferred to another court for trial. 508. Trial. 509. Trial by jury generally. 510. Trial by jury in inferior courts. 511. Trial by jury in other cases. 512. Adjournment. 513. Final order upon trial. 514. Amount of costs; how collected. 515. Warrant to dispossess defendant. 516. Execution of warrant. 517. When warrant cancels lease; exceptions. 518. Warrant; when and how stayed. 519. Undertaking; how disposed of. 520. Redemption by lessee. 521. Redemption; by creditor of lessee. 522. The last two sections qualified. 523. Order to be made thereon; liability of person re deeming. 524. Appeal. 525. Effect of appeal limited in certain cases. 526. Warrants; how stayed on appeal." 527. Appellate court may award restitution; action for damages. 528. Application of this article; effect of final order. 529. How proceedings under this article to be stayed. Section 490. 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, including 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 article: 1. 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; including, elsewhere than in the city of New York, a case where the person to be removed became the occupant of the premises as a servant or employe and the relation of master and servant or employer and employe has been lawfully terminated or the time fixed for such occupancy by the agreement between the parties, has expired; but if by such agreement the servant was to be permitted tc 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 master and servant or employer and employe 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. 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, or the person owing it, as prescribed in this article for the service of a precept. 3. Where in any city 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 |