for recording deeds, in each county where the real property is situated." Art. 2, R. S., 3. 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 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. New. § 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 4, art. 2, R. S. 2229. Id.; to be delivered to him on his discharge. When the prisoner dies, or is lawfully discharged from imprisonment, the trustee or trustees must deliver over to him, or to his legal representatives, all his property, remaining in their hands, after deducting therefrom their lawful expenses and commissions. Id., 15. 2230. Application of this article to persons heretofore sentenced. 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 his property have been theretofore appointed, by proceedings taken in pursuance of a statute then in force. New. TITLE II. Summary proceedings to recover the possession of real property. SEC. 2231. When tenant may be removed. 2232. Person holding over land sold, etc., may be removed. 2234. Application; to whom made. 2235. Petition by person entitled to possession. 2236. Notice to be given in certain cases. 2237. Petition by neighbor of bawdy-house, etc. 2238. Precept. 2239. Id.; in New-York city. 2240. Id.; how served. 2241. Duty of person to whom copy of precept is delivered. 2242. When precept to be served on landlord of bawdy-house, etc. 2243. Proof of service of precept. 2244. Answer. 2245. Issues upon forcible entry or detainer. 2246. In N. Y. district court cause may be transferred to another court for trial. 2247. Trial. 2248. Adjournment. 2249. Final order upon trial. 2250. Amount of costs; how collected. 2251. Warrant to dispossess defendant. 2252. Execution of warrant. 2253. When warrant cancels lease; exception. 2254. Warrant; when and how stayed. 2255. Undertaking; how disposed of. 2256. Redemption by lessee. 2257. Id.; by creditor of lessee. 2258. The last two sections qualified. 2259. Order to be made thereupon; liability of person redeeming. 2200. Appeal. 2261. Effect of appeal limited in certain cases. 2262. Warrant; how stayed on appeal. 2263. Appellate court may award restitution; action for damages. 2264. Application of this title; effect of final order. 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, 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 title: 1. Where 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. 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 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. 4. 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, 28 (2 Edm. 529), amended; L. 1819 ch. 193; also, 255, 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, r. King, Exr., N. Y. C. P., 19 Alb. L. J. 441; People v. Dudley, 58 N. Y. 32s; People ex rel. Morgan . Keteltas, 12 Hun, 67; People ex rel. Jay . Bennett, 14 id. 58; Armstrong . Cummings, 20 id. 313; People v. Ingersoll, id. 316; Bostwick e. Frankfield, 11 id. 475; Benjamin e. Benjamin, 5 N. Y. 383; People v. Hovey, 4 Lans. 86; People v. Simpson, 37 Barb. 432; H. C., 28 N. Y. 55; 23 How. 481; 11 Abb. 457; Park r. Castle, 19 How. 29: Smith v. Littlefield, 51 N. Y. 539; Hunt e. Comstock, 15 Wend. 665; Anderson e. Prindle, 23 id. 616; Miller v. Levi, 44 N. Y. 489; Burnett e. Scribner, 16 Barb. 621; People v. Swayse, 15 Abb. 432; Wilder . Ewbank, 21 Wend. 587; Jackson r. Sheldon, 5 Cow, 445; Beach v. Nixon, 9 N. Y. 33; Miller v. Levi, 44 id. 489; Johnson 2. Oppenheim, 55 id. 20; Spraker e. Cook, 16 i. 567; Brown v. Betts, 13 Wend. 29: Birdsall v. Phillips, 17 d. 461; Hallenbeck r. Garner, 20 id. 22; Moffatt v. Smith, 4 N. Y. 126; Griffin. Clark, 33 Barb. 46; Williams ". Bigelow, 11 How. 83; Burnell v. Scribner, 16 Barb. 621; Ex parte Wiggins, 11 N. Y. Leg. Obs. 89; 8. c., 16 Barb. 474; Brown e. 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. 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 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. Subd. 4 of 28, R. S., amended, L. 1874, ch, 208, and 31, R. S. Spraker v. Cook, 16 N. Y. 567; L. 1874, ch. 471: People . Hovey, 4 Lans. 86; Benjamin v. Benjamin, 5 N. Y. 383: People . Simpson, 28 id. 55; Park v. Castle, 19 How. 29; Smith e. Littlefield, 51 N. Y. 539: Hunt r. Com stock, 15 Wend, 665; Anderson v. Prindle, 23 id. 616; People v. Kelsey, 38 Barb. 269; s. c., 14 Abb. 372; Miller e. Levi, 41 N. Y. 489; Oakley. Skoonmaker, 15 Wend. 226; Beach . Nixon, 9 N. Y. 35, 37; Russell v. Russell, 32 How, 400; Wright e. Mosher, 16 id. 454 Williams e. Bigelow, 11 i. 83; Burnell v. Scribner, 16 Barb, 621; Livingston . Tanner, 14 N. Y. 64; People v. Simpson, 14 Abb. 457, and note; Carlisle r. McCall; Nichols . Williams, 8 Cow. 13; see Roach . Cosine, 9 Wend. 227; Sims r. Humphrey, 4 Den. 185; Freeman v. Ogden, 40 N. Y. 105; Brown . 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 possession thereof by force, and his assigns, undertenants, and legal representatives, may be removed therefrom, as prescribed in this title. 2 R. S. 507, 33 1 and 2 (2 Edm. 523). Bliss v. Johnson, 73 N. Y. 529; Wood . Phillips, 43 id. 152; People v. Smith, 24 Barb. 16; Willard v. Warren, 17 Wend, 257. - 2234. 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, is situated in the city of New-York, to the city judge, or judge of the court of general sessions, of that city, or 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; 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 city of Rochester, to a judge of the municipal court of that city. Sec. 28, R. S., amended; L. 1849, ch. 193 (2 Edm. 529); Const., art. 6, 2 15; Const. 1846, art. 6, 215; L. 1849, ch. 306; L. 1851, ch. 108; Const. 1869, art. 6, 16; L. 1850, ch. 205, 13; L. 1875, ch. 259, 1; L. 1852, ch. 324, 21; L. 1857, ch. 344, 77, subd. 2; L. 1563, ch. 159 (6 Edm. 86), Code of Proc. 66, amended; L. 1870, ch. 741, 24 (7 Edm. 774); L. 1877, ch. 187; L. 1870, ch. 386; L. 1821, ch. 47, § 1; 12. 1834, ch. 271, 21 and 19; L. 1872, ch. 866, 1; L. 1873, ch. 61, § 2; L. 1878, ch. 186, 37; L. 1876, ch. 196, 25 and 16; L. 1849, ch. 125, 26; L. 1870, ch. 470, 13; L. 1854, ch. 96, 25; L. 1857, ch. 361,6; People v. Third Dist. Court, 57 How. Pr. 443; Murray r. James, 37 How, 52; s. c., 2 Daly, 437; Carlisle v. McCall, 1 Hilton, 399; Gillilan r. 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. 211; 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 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 |