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Order Appealed From.

At a Trial Term, Part V, of the County Court of the County of Kings, held at the Court House of said County Court at No. 120 Schermerhorn Street, in the County of Kings, City and State of New York, on the 19th day of April, 1922.

Present-Hon. ALONZO G. MCLAUGHLIN,

County Judge.

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In the Matter

of

The Application of FRANK E.
LONAS, as landlord, for the

removal of BARNE SILVER, as

tenant, from certain real prop-
erty.

The tenant Barne Silver, herein having moved to dismiss the petition of the landlord for lack of jurisdiction,

NOW on reading and filing the petition of Frank E. Lonas, landlord herein duly verified April 5th, 1922, and the precept herein dated April 6th, 1922, and due proof of the service of said petition and said precept by the affidavit of Charles Bienenfeld, duly verified April 7th, 1922, and on the return day of said precept, to wit: the 13th day of April, 1922, the said tenant, Barne Silver, having duly appeared herein by Meyer D.

Order Appealed From.

Siegel, his attorney, and having moved to dismiss the petition herein for lack of jurisdiction of this Court, and after hearing Meyer D. Siegel, attorney for the tenant, Barne Silver, in support of said motion, and Robert H. Wilson, of counsel, for thé landlord, Frank E. Lonas, in opposition thereto, and due deliberation having been had thereon,

NOW ON MOTION OF Coombs and Wilson, attorneys for Frank E. Lonas, landlord herein, it is

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ORDERED that the motion of the tenant to 8 dismiss the petition herein be and the same hereby is denied with Ten Dollars ($10) costs to the said landlord against the said tenant, and it is

FURTHER ORDERED that the said tenant, Barne Silver, be and he hereby is permitted to file a verified answer to the petition herein on the call of the motion calendar in Part V of this Court at 10 A. M., on the 21st day of April, 1922, and that at said time and place this Court will fix the date for the trial of the issues, which may be raised by said answer.

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THE PEOPLE OF THE STATE OF NEW YORK,

TO BARNE SILVER, the tenant above named, of the real estate at Coney Island, Kings County, New York, hereinafter described:

YOU ARE HEREBY REQUIRED forthwith to remove from the premises designated and described as follows, to wit:

ALL that certain plot of ground, being the beach front at Coney Island, City of New York, Borough of Brooklyn, belonging to Frank E. Lonas, and bounded and containing as follows: BEGINNING at the intersection of the present Ocean Front Bulkhead with the westerly side of old lot No. 35 of the common lands of the late town of Gravesend, which westerly line of said lot No. 35 is the easterly line of Cottage Place; running thence southerly in a line with the pro

longation of said easterly side of Cottage Place to the line of the low water mark; thence westerly along the line of low water mark about two hundred forty-eight (248) feet four and one-half (412) inches to a point which would be in the easterly line of West Twenty-third Street if prolonged southerly from Highland View Avenue; thence northerly in a line parallel with the easterly line of Cottage Place and along what would be the prolongation of the easterly line of West Twentythird Street to said Ocean Front Bulkhead; and thence easterly along the said Ocean Front Bulk- 14 head about two hundred forty-eight (248) feet four and one-half (42) inches to the point or place of beginning; or show cause before the County Court of the County of Kings at Part V thereof, to be held at the Court House of said County Court, of the County of Kings at No. 120 Schermerhorn Street, in the Borough of Brooklyn, City and State of New York, on the 13th day of April, 1922 at ten o'clock in the forenoon of that day, why possession of said premises should not be delivered to the landlord for holding over without his permission after the expiration of your 15 term,

Dated, Brooklyn, N. Y., April 6, 1922.

ALONZO G. McLOUGHLIN,

County Judge of Kings County.

DUTY OF PERSON TO WHOM COPY OF
PRECEPT IS DELIVERED.

A person, to whom a copy of a precept, directed to another is delivered as prescribed in this article, must deliver it to the person to whom it is directed, without any avoidable delay, 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 re17 turnable, 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 provisions 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 the precept served 18 otherwise than personally upon the person to

whom it is directed.