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beld, the same being subscribed and sworn to as the amount justly due, as nearly as the same can be ascertained. This cer. tificate shall be recorded by the Town Clerk with deeds of lande This lien is good against all subsequent claims by other parties.

New York.- On Vessels.—Whenever a debt, amounting to fitty dollars or upwards, as to a sea-going or ocean-bound vessel, or amounting to fifteen dollars or upwards, as to any other vessel, shall be contracted by the master, owner, charterer, builder, or consignee, of any ship or vessel, or the agent of either of them, within this State, for either of the following purposes :

1st, On account of work done, or materials, or other articles furnished in this State, for or towards the building, repairing, fitting, furnishing, or equipping such ship or vessel.

2d, For such provisions and stores furnished within this State, as may be fit and proper for the use of such vessel, at the time when the same were furnished.

3d, On account of the wharfage and expenses of keeping such vessel in port, including the expense incurred in employing persons to watch her.

4th, On account of loading or unloading, or for advances made for the purpose of procuring necessaries for such ship or vessel, or for the insurance thereof.

5th, Or whenever a debt amounting to twenty-five dollars or upwards shall be contracted as aforesaid, within this State, on account of the towing or piloting such vessel, or on account of the insurance or premiums of insurance of or on such vessel, or her freight,—such debt shall be a lien upon such vessel, her tackle, apparel, and furniture, and shall be preferred to all other liens thereon, except mari

Such debt shall cease to be a lien at the expiration of six months after the said debt was contracted, unless at the time when said six months shall expire such ship or vessel shall be absent from the port at which such debt was contracted, in which case the said lien shall continue until the expiration of ten days after such ship or vessel shall next return to said port; and in all cases such debt shall cease to be a lien upon such ship or vessel, whenever such ship or vessel shall leave the port at which such debt was contracted, unless the person having such lien shall, within twelve days after such departure, cause to be drawn up and filed specifications of such lien, which may consist either of a bill of particulars oî the demand, or a copy of any written contract under which the work may be done, with a statement of the amount claimed to be due from such vessel, the correctness of which shall be sworn w by such person, his legai representative, agent, or assigns.

The above section, it was ordered by an amendment passed May 4th, 1863, shall not apply to vessels navigating the western and 00thwestern lakes, or either or any of them. Any deut contracted by the master, owner, chartorer, builder, or consignce of any ship

ner's wages.

or vessel navigating such lakes, or either of them, shall sease to be a lien at the expiration of six inonths after the first of January next succeeding the time such debt shall have been contracted, unless during the said six months, such ship or vessel shall be absent from the port at which such debt was contracted, in which case the said lion shall continue until the expiration of ten days after such ship or vessel shall next return to said port. In all cases such debt shall cease to be a lien upon such ship or vessel, unless the person having such debt shall, by the first Tuesday of February next succeeding the time such debt shall have been contracted, cause to be drawn up, verified, and filed, specifications of such debt, in the form and coinprising the statements prescribed as aforesaid.

Such specifications shall be filed in the office of the clerk of the county in which such debi shall have been contracted, except that when such debt shall have been contracted in either of the counties of New York, Kings, or Queens, such specifications shall be filed in the office of the clerk of the city and county of New York.

Any person having a lien upon any ship or vessel for any debi contracted for any of the purposes hereinbefore specified, may make application to any officer authorized by law to perform the duties of a justice of the Supreme Court at chambers in the county within which such ship or vessel shall then be, for a warrant to enforce the said lien, and to collect the amount thereof. Such application shall be made in writing, and shall exhibit and specify:

1st, By whom and when such debt was contracted, and for what ship or vessel ; 2d, The items composing such debt; 3d, The amount claimed, and that the same is justly due to the person in whose behalf the application is made, over and above all payments and just deductions ; 4th, Any assignment or transfer of such debt, if any such has taken place since the same was contracted ; 5th, When and where the specification of such debt was filed. Such application shall be verified by the affidavit of the creditor, or of the person making the application, or of his or their agent in that behalf.

The officer to whom such application shall be made, shall thereupon issue a warrant to the sheriff, specifying the amount of the claim, and the names of the persons making such claim, and commanding him to attach, seize, and safely keep said ship or vessel, ner tackle, apparel, and furniture, to satisfy such claim, if established, to be a lien upon such vessel, according to law, and to make return of his proceedings under such warrant to the officer who issued the same, within

ten days after such seizure. The person applying for such warrant, after giving the necessary undertaking required by law, shall, within three days after the issuing thereof, cause a notice to be published once in each week for four successive weeks in some newspaper published in the county in which such vessel may then be, or, if no newspaper be so published in such county, then in the nearest county in which a new spaper shall be so published, setting forth that such warrant has been issued, the amount of the claim specified therein, and that such vessel will be sold for the payment of the claims against her, unless the master, owner, or consignee thereof, or some person interested therein, appear and discharge such warrant according to law, within thirty days from the first publication of such notice.

On Buildings.—Any person furnishing labor or materials for constructing, altering, or repairing any building, shall have a lien therefor to the value of the sum agreed to upon the same, to the extent of the right, title, and interest in, of, and to the same, by the party cmploying him; provided the person furnishing such laber or materials shall, within thirty days after the performance and comple. tion of such labor, or the final furnishing of such materials, causo to be drawn up and deposit in the hands of the county clerk of the town where the property is located, specifications of the work contracted to be performed, or materials to be furnished, and stating the price or prices agreed to be paid therefor, the name of the owner of the building, and the situation of the building by street and number, if the street be known.

This lien shall take effect from the time of depositing the same in the office of the county clerk, and shall continue in force for the term of twelve inonths.

Any contractor, sub-contractor, or laborer performing any work, or assignee thereof, and any resident of said county furnishing any materials as above provided, may, after such labor has been performed, or materials furnished, and the service of the notice, required above, bring an action in the Superior Court in the county in which the property is situated, or in the county court of said county, when the amount exceeds fifty dollars, to enforce said lien, which said action shall be commenced by serving a notice containing a stato ment of the facts constituting the claim, and the amount thereof, on the owner of the property, or his agent, requiring the said owner to appear in person or by attorney within thirty days after such ser. vice, and answer the same, and serve a copy of such answer, together with a notice of any set-off that he may have on the claimant or his attorney; or in default thereof, that the claimant will take judgment against the said owner for the amount claimed to be due for the labor performed or the materials furnished, with interest thereon and costs; and for the purpose of more effectually transacting tire business conteinplated by this act, said Supreme Court and County Court shall be deemed to be always open.

Within thirty days after the service of such notice and bill of par. ticulars, the defendant shall personally serve the claimant or his attorney with a copy of his answer and notice of set-off, if any he bas, duly verified by the oath of the owner, his agent, or contractor, to the effect that the same is in all respects true, or his default inay be entered and judgment taken and enforced.

When the amount of the lien claimed is for one hundred dollarg or under, the claimant may commence such action in a Justice's Court of the town in which the building is located, by serving a notice upon the owner or his agent any where within this State, requiring such owner to appear before a justice of the town in which the property is situated, which said notice shall contain a statement of the facts constituting the claim, and the amount thereof, and shall require such owner to appear before said justice in person or by attorney at a time certain, not less than thirty days after such service, and answer the same, or in default thereof, that the claimant will take judgment against such owner for the amount so claimed to be due, with interest thereon and costs.

Any laborer performing such labor for a contractor may, withir thirty days after such labor has been performed, and claiming to have a lien therefor, produce and deliver to the owner or his agent a statement in writing, signed by himself and the said contractor, specifying how much is due to such person for such labor done; or in default of so doing, shall take the necessary proceedings against such contractor to procure a settlement of the amount due. The amount so ascertained to be due shall be paid by the owner, and the same shall be deemed to be a payment by the owner on the contract made with such owner or his agent.

In the City of New York, any person or persons who shall hereafter, as contractor, laborer, workman, merchant, or trader, in pursuance of, or in conformity with, the terms of any contract with or employment by the owner, or by or in accordance with the directions of the owner or his agent, perform any labor or furnish any materials towards the erection of, or in altering, in proving or repairing of any building or buildings. or the appurtenances thereto, shall have a lien for the value of such labor and materials, or either, upon such house and tho appurtenances and lot on which the same shall stand, to the full value of such claim or demand, and to the extent of the right, title, and interest then existing of the owner of said premises in favor of every person or persons who shall be employed by any owner, contiactor, sub-contractor, jobber, or master work. man in manner aforesaid, and notwithstanding any sale, transfer or incumbrance maile or incurred at any time after the com mencement of the work or furnishing materials ; provided that at any time before the whole work is completed, or within three months after the work is done or the materials furnished, for which a lien is sought, if the work is then finished or abandoned, any claimant file with the county clerk a notice, stating the residence of the claimant, verified by his oath or affirmation, stating the amount claimed, from whom, and to whom due, with a brief description of the premises, by street, number, or a diagram of boundary, or by a reference to maps open to the public, so as to furnish information to persons examining titles, and the supposed owner, although no error in the croner's name shall impair the validity of the lien. The clerk shall enter in a lien docket the name and residence of the claimant, the person against whom claimed, the amount, and the date of filing, the street and particular place where located, and he shall receive ten cents on filing the same. He shall also enter on this docket a notice that a suit is commenced thereon, upon a notice of that fact and affidavit of service being filed with him, foi which he shall receive five cents. The county clerk shall make searches for such liens on being furnished with a proper descrip tion of any property and without reference to the individuals against whom the lien is filed, his fees to be five cents per year for the time embraced in said search.

Any person or persons having filed a notice of lien, may, in ten days thereafter, institute a proceeding to enforce or foreclose the lien, and any owner or other person interested may also commence such proceedings, and every person or persons who have filed liens shall be parties to and have notice of the said proceedings, and before final judgment, shall be notified to appear and join in the said proceedings, such notice to be served at least five days before the entering of said judgment. Where the aggregate of liens shall be less than five hundred dollars the said proceedings may be had before any court in the said city, and where they exceed that sum, when the proceedings are commenced, the action shall be conducted in a court of record having equity jurisdiction, and none of the courts in the said city shall be deprived of jurisdiction by reason of the resi. dence of any parties elsewhere, and service of process in such actions may be by publication as to any of the parties not residing in this state, or who may have removed therefrom.

Liens shall in all cases cease after one year, unless by order of court the lien is continued and a new docket made stating such fact without a discharge of the lien.

All former acts giving liens in the City of New York to mechanics and others erecting buildings in the City of New York are repealed, except so far as may be necessary to carry into effect liens acquired before this act takes effect, and any person or persons performing work or furnishing materials under any contract made prior to July first, eighteen hundred and sixty-three, may thereafter acquire a lien therefor pursuant to the provisions of this act.

No transfer or assignment of his interest in the contract by the contractors shall be valid as against parties entitied to file liens under said contract against said contractor.

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