« ΠροηγούμενηΣυνέχεια »
the person or persons against whom the claim is made, the name of the owner, lessee or person in possession of the building (against whose interest a lien is claimed), but the failure to state the name of the true owner, lessee or person in possession shall not impair the validity of the lien; also a brief description of the buildings or premises sufficient to identify the lands or premises against which the lien is claimed. The said notice of lien shall be verified by the person or persons making the claim, or his or their agent, or any other person,
to the effect that the statements therein contained are true, to the best Successive of his or their knowledge, information and belief. Successive liens
may be filed for work, labor, services and materials done and furnished, under one contract or employment, but the filing of any such lien or liens shall not entitle the person so filing the same to recover judg. ment for the amount of such lien or liens unless he shall be entitled to receive payment by the terms of the contract, or agreement, or employment, and in case of sub-contractors or personis doing work or furnishing materials to contractors, no judgment shall be rendered for any greater amount than the amount which shall be due from the owner to the contractor at the time of the filing of the lien, or which may become due afterward, or which by the terms of the contract or agreement shall be due at the time of the rendering of such judgment.
§ 3. Where an owner of lands contracts with a builder for the sale of lots and the erection of buildings thereon, and agrees to advance
moneys toward the erection of such buildings, the lien herein before Priority. authorized shall have priority to all advances made after the filing of
said notices of lien. And the lien shall attach to the right, title and interest of the owner in said building and land to the extent of all advances which shall have become due after the filing of such lien, and shall also attach to and be a lien on the right, title and interest of the person so agreeing to purchase said land at the time of the filing
of said notices of lien. County § 4. The county clerk shall enter in a lien docket the name and clerk to record. residence of the claimant, the person against whom claimed, the
amount claimed, the date of filing, and a brief description of the premises affected. He shall be entitled to receive a fee of ten cents for each lien filed.
§ 5. Liens shall in all cases cease after one year from date of filing continued. unless an action shall be commenced, and a notice of lis pendens fien
with the clerk of the county wherein the premises are situated, or an order made continuing the lien for another year; in the latter case the county clerk shall, upon filing such order, make a new docket of such lien. Successive orders and new dockets may be made in the
discretion of the court. How dis- $ 6. The lien may be discharged as follows: charged.
i. By filing a certificate of the claimant or his successor in interest, acknowledged or proved in the same manner as the satisfaction of a mortgage, stating that the lien is discharged.
2. By depositing with the county clerk, if before suit is commenced, a sum of money equal to the amount claimed ; and if suit shall have been commenced, a sum equal to the amount claimed; and such sum in addition as shall be ordered by a judge of the court in which the action shall have been commenced, as security for the costs of the action; such deposit, after suit brought, to be made on notice or on an order to show cause directed to the plaintiff in the action or his attorney.
3. By the expiration of one year after the filing of said lien without any order being made continuing the same or notice of lis pendens filed as aforesaid.
$ 7. The liens provided under this act shall be enforced by civil Enforced action commenced in any court of record in said city, having equitable by action. jurisdiction, by any persons claimant, the original or sub-contractor, or an assignee thereot, or contractor against any property affected thereby, at any time within one year from the filing of such lien. Such action shall be commenced, carried on and judgment entered and enforced as provided in an action to foreclose à mortgage in the Code of Civil Procedure, and the plaintiff shall make all other parties who have filed subsequent liens under this act, or have any prior record, claims or liens upon said premises and their appurtenances, defendants in such action. And the court shall determine the priority of the liens, the amounts due thereon, and the rights of the respective parties, and render judgment accordingly. The court may also render personal judgment against or in favor of any party to the action. Costs for or against the parties litigant shall be in the discretion of the court.
$ 8. When separate actions are brought to foreclose liens against Separate the same property, the court may, on motion, consolidate them.
$ 9. Appeals in actions to enforce liens, provided for in this act, Appeals. may be taken in the same manner and within the time, and shall be governed by the same rules and practice as prevail in actions for the foreclosure of mortgages.
$ 10, Buildings and property used for public purposes are especially Excepexcepted from the operation or effect of this act.
§ 11. This act shall not apply to the city of Buffalo. $ 12. This act shall take effect immediately.
AN ACT to amend chapter seven hundred and seventeen of Power,
the laws of eighteen hundred and seventy, entitled “An widow. act to authorize the sale of real estate in which any widow is or shall be entitled to dower in satisfaction and discharge thereof."
PASSED May 28, 1880. The People of the State of New York, represented in Senate and Assembly, do enact as follows :
SECTION 1. Section seven of chapter seven hundred and seventeen ch.917, of the laws of eighteen hundred and seventy, entitled " An act to Laws 1870. authorize the sale of real estate in which any widow is or shall be entitled to dower in satisfaction and discharge thereof," is hereby amended so as to read as follows:
$ 7. Whenever the personal estate of any insane or lunatic widow Dower entitled to dower in any real estate shall be insufficient for the pay- lunatic ment of her debts, or for her support, or when it appears to be for widomy the best interest and advantage of the estate of any such insane or estate may lunatic widow that her dower interest in any real estate should be con- verted into verted into money, her committee may apply to the supreme court by money for petition, praying for authority to institute an action in the name of port when such insane or lunatic widow, under and in accordance with the pro, estate iu. visions of the act hereby amended, to procure the sale of the real sufficient.
estate which is or shall be subject to her dower, in order that such dower right may be satisfied by the payment to such committee of a gross sum in lieu thereof. Such petition shall set forth the particulars as to the amount of such personal estate ; the estimated value of such dower right, and an account of the debts and demands existing against such widow, or against her estate, together with such reasons as may exist for making the application. If, upon the presentation of such petition, the court shall become satisfied that the representations and allegations therein contained are true, it may in its discretion make an order granting the prayer of such petitioner for the authority herein specified. The consent to accept a sum in lieu of dower, required by the first section of the act hereby amended, may be executed and acknowledged by the committee of any such lunatic or insane doweress; and when so executed and acknowledged by such committee, shall be as effectual as if the same had been done by such doweress in person while of sound mind. The gross sum of money, in satisfaction and lieu of such dower, shall be paid to such committee upon giving such further security therefor as the court may require. And such committee shall account for such money so received by him as if the same had originally formed a part of the personal estate of such lunatic or insane widow.
Ante, vol. 7, p. 771. The act of 1870 was repealed by ch. 245, ante. See Co. Civ. Proc., SS 2348-2363.
Superin. tendent of public works.
AN ACT defining the powers and duties of the superintend
ent of public works.
Passed May 28, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. The superintendent of public works shall have the materials power, and it shall be his duty, to provide all necessary tools, mateand labor rials and labor for the repair and navigation of the canals, and for the
construction and improvement of the canals. The superintendent shall make payment monthly for all tools, materials and labor provided by him for account of the canals; payment therefor shall be made on or before the fifteenth of every month for tools, materials and
labor provided for the preceding month. May sub- 8 2. The superintendent of public works shall have the power to didivide and vide the canals into such subdivisions or sections as he may deem adrisand regu- able, and make all necessary rules and regulations for the government
of all einployees engaged by him in the repair and navigation of the canals, and in the construction and improvement of the canals, also all necessary rules and regulations to provide for the payment for tools, materials and labor, and to fix the compensation for the services of all officers and employees appointed by him when the salary is not fixed by law. The schedule of prices when fixed shall be filed with the
auditor of the canal department. Pay-roll.
§ 3. As soon as practicable after the first day of each month and in time to make payment on or before the fifteenth thereof, the superintendent of public works shall prepare a 'pay-roll by sections, stating the number of the section-length; the name of each employee; the
number of days' labor performed by each; the price per day or month; team work, with the price per day for team and driver, with the gross amount due to each opposite bis respective name, which, with all bills for tools and materials purchased and delivered the preceding month, shall be presented to the auditor of the canal department, duly certitied to be correct by the superintendent of public works. On presentation of such pay-rolls and bills for purchase of tools and materials, the auditor of the canal department shall pay to the superintendent of public works, on his warrant, the money to make payment for the tools, materials and labor provided by him for the use of the canals the preceding month. The auditor of the canal department shall possess and exercise the same power and authority in advancing money and settling with the superintendent of public works for tools, materials and labor provided by him as is now vested in him by law, in settling and closing accounts with superintendents of canal repairs. All original bills for the purchase of tools and materials, when signed by the parties from whom the purchases were made, with the section pay-rolls duly signed by each employee opposite his respective name, shall be filed in the office of the auditor of the canal department, and duplicates thereof shall be filed in the office of the superintendent of public works.
$ 4. When construction or improvement work shall be ordered by the legis- Construclature or canal board to be done upon any of the canals of this State, the State improveengineer and surveyor shall make, or cause to be made, all surveys, maps, plans, ment specifications and estimates that may be required by the canal board, or by the work. superintendent of public works, to determine the proper location of the line of the canal, or any portion thereof, or that may be necessary preparatory to commencing any work of construction or improvement; and shall transmit a State copy thereof to the superintendent of public works, and to the canal board engineer with his approval indorsed thereon. On obtaining thereon the certificate of and suradoption of the canal board, he shall file the same in his office, and a copy act with thereof in the office of the superintendent of public works. Whenever the superin: superintendent of public works shall require the services of an engineer upon any when portion of the canals undergoing repairs, or upon any construction or improve- required. ment work, the superintendent of public works may call upon the State engineer and surveyor for the assignment of an engineer. It shall be his duty to make such assignment upon such requisition. The State engineer and surveyor shall perform all such duties in relation to the repair of the canals and in the construction and improvement of the canals as shall be required by the superintendent of public works.
§ 5. The superintendent of public works shall have full power to make and Power of promulgate all needful rules and regulations for the safe and speedy naviga- tendent to tion, and for the protection and maintenance of the canals and the structures make rules thereof. The superintendent of public works, his deputies, superintendents or foremen of sections and lock-tenders appointed by liim shall possess all the statutory power now possessed by superintendents of canal repairs and locktenders, and may arrest, anywhere within the jurisdiction of their office, all offenders under this section, and convey and deliver them to the proper officers or magistrates, to be proceeded against according to law, and when it shall be necessary the said officers are hereby empowered and authorized to command and have the assistance of any person upon whom they may call in making such arrest.
$ 6. All laws and parts of laws in conflict with any provisions of this act are hereby repealed.
§ 7. This act shall take effect immediately.
and regu. lations.
CHIAP. 496. AN ACT to amend chapter two hundred and ninety-one of the laws Villages.
of eighteen hundred and seventy, entitled “An act for the incorporation of villages.
PASSED May 28, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Section fifteen of title two of chapter two hundred and ninety-one Amending of the laws of eighteen hundred and seventy, entitled "An act for the incorpo- ch.291,
Laws 1870. ration of villages,” is hereby amended so as to read as follows:
Election of corporation ofh. cers.
$ 15. Elections of elective officers of the corporation, after the first election of officers, shall be held annually on the third Tuesday of March, at one o'clock in the afternoon, and continue till sunset, at such place as shall be designated by the trustees, or a majority of them; at least six days' notice shall be given by the trustees, or a majority of them, prior to said election, by posting notices in six conspicuous places in the village, by the clerk, or some one appointed by the trustees, if there is no clerk. In case the trustees neglect to appoint a place, the election shall be held at the place of the last preceding annual election. But any village, incorporated under the provisions of this act, may change the date on which such election shall be annually held to some other day, provided, however, that such change shall not be made unless upon the written application of the voters representing a majority of the taxable property of such village, directed to the board of trustees of such village, requesting the said board to submit the question of such change to a vote of the duly qualified voters of such village; upon the presentation of such application to such board of trustees, it shall be the duty of such board to cause written or printed notices of such election to be posted up in at least six conspicuous public places in such village, stating the object of such election and the date and time on which the same shall be held, which time shall not be less than thirty days nor more than sixty dars from the time of posting such notices. Suitable ballots for such election shall be prepared under the direction of the board of trustees of such village. The said board of trustees shall preside at such election, shall canvass the votes cast, shall declare the result thereof and shall file a certificate thereof, signed and sworn to by them, in the office of the village clerk in such village. If a majority of all the votes cast
8 2. This act shall take effect immediately.
CHAP 498. New York AN ACT to provide for leasing wharf property necessary for
ferry purposes along with the franchise of a ferry within the city of New York.
Passed May 28, 1880. The People of the State of New York, represented in Senate and
Assembly, do enact as follows: Commis- SECTION 1. The commissioners of the sinking fund of the city of sioners of New York shall hereafter possess the power, and they are hereby au. sinking
thorized to lease, in the manner provided by law, along with the franauthorized
chise of a ferry within said city, such wharf property, including wharf wharves, piers, bulk-heads and structures thereon, and slips, docks, and property along with water fronts adjacent thereto, used or required for the purposes of franchise. such ferry, now owned or possessed, or which may be hereafter owner?
or acquired by said city, or to which the corporation of said city is or may become entitled, or of which it may become possessed.
§ 2. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Nothing in this act contained shall be held