PART III. Fees of register, assistant Drawing and engrossing every common order, fifty cents. Drawing and engrossing final decree, not containing special provisions, two dollars, and if it contain special provisions, three donars. Drawing bill of costs, with a copy for taxation, one dollar, and for every copy actually served upon the opposite party, including service and notice of taxation, fifty cents. Notice of the object of the suit and service upon each defendant, twenty-five cents; but no more than six such notices to be allowed in any suit. Notice of the pendency of the suit to be filed in the office of the county clerk, twenty-five cents. See Laws of 1841, ch. 237. [Section 5 repealed by Laws of 1841, ch. 237.] $6. Fees of the Register, Assistant Register and Clerks : Filing all the papers and entering an order for the admission register and of a next friend or guardian, twenty-five cents. clerks. Notice to be filed in County clerk's office. Contents. Decree of foreclosure Entering every common order, twelve and a half cents. Every other service required of the register, assistant register or clerk, shall be performed without fee or reward. $7. The chancellor shall make such general rules as he may deem reasonable for disposing of causes for foreclosure of mortgages, so as to dispense with entering the same on the calendar, or bringing the same to hearing whenever the same can be done with safety to the parties having interests in the lands mortgaged. S8. Whenever a bill for the foreclosure of a mortgage shall be filed, it shall be the duty of the complainant, or his solicitor, to file in the office of the clerk of the county in which the land mortgaged shall be situated, a notice of the pendency of the suit; which notice shall contain, 1. The names of the parties to the suit, and the object of the suit: 2. The date of the mortgage, by whom and to whom executed: 3. The time when the mortgage was recorded, and the office in which it was recorded: 4. A description of the land mortgaged, so far as to show the town, village or ward, and the county in which such land is situated; the number of the lot, if any, and the quantity of the land if the same is stated in the mortgage. Each county clerk shall place in an index to be kept in his office, such references to such notices, as will enable all persons interested to search his office for such notices without inconvenience. 16 B., 266; 5 J. R., 35; 1 H., 107; 11 Pai., 629; 9 Ab., 66. $9. No decree of foreclosure and sale of lands mortgaged, when to be shall be made unless proof shall be given in such manner as shall be required by the court that notice of the pendency made. of the suit has been filed as is required in the next preced- CHAP. VIII. ing section, at least forty days before such decree shall be made. As amended by Laws of 1844, ch. 346; 11 Pai., 400. to make $10. Whenever any person claiming any right or equity When court of redemption by or under any judgment or decree subsequent persons to any mortgage, shall not be made a party to the suit by the parties to bill for the foreclosure of such mortgage, such person may be made a party to such suit, at such time, and upon such terms and conditions as the court shall deem just and reasonable; and any such person without being made a party to the suit, Persons may make application to the court by petition or motion for tion in any surplus money arising from the sale, or to set aside the cases. sale and for a resale, in the same manner as if he were a party to the suit. may peti certain regularity S 11. It shall not hereafter be necessary to furnish proof of Proof of the regularity of the proceedings in any suit for the foreclosure of a mortgage. $ 12. The eighth section of the fifteenth title of the eighth chapter of the third part of the Revised Statutes, is hereby amended by repealing the latter clause of the said section, so that the said section as hereby amended is as follows: not re quired. sale under "S8. Every sale pursuant to a power as aforesaid, and Effect of conducted as herein prescribed, made to a purchaser in good advertisefaith, shall be equivalent to a foreclosure, and sale under the ment. decree of a court of equity, so far only as to be an entire bar of all claim or equity of redemption of the mortgagor, his heirs and representatives, and of all persons claiming under him or them, by virtue of any title subsequent to such mortgage. clerks and $13. Clerks of counties and registers of cities, shall charge Fees of and receive for searching and certifying the title of and incum- registers. brances upon real estate, ten cents for each conveyance and incumbrance certified by him, instead of fees now allowed by law, provided that such fees shall in no case amount to less than fifty cents nor more than five dollars. CHAP. 346. AN ACT in relation to the foreclosure of mortgages. PASSED May 7, 1844. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The third section of the fifteenth title of the eighth chapter of the third part of the Revised Statutes is hereby amended, by adding thereto the following subdivision: notice to be 3. By serving a copy of such notice at least fourteen days Copy of prior to the time therein specified for the sale, upon the mort- served on gagor or his personal representatives, and upon the subsequent mortgagor. PART III Affidavit of publication &c. by whom to be made. Fees. grantees and mortgagees of the premises whose conveyance and mortgage shall be upon record at the time of the first publication of the notice, and upon all persons having a lien by or under a judgment or decree upon the mortgaged premises, subsequent to such mortgage, personally, or by leaving the same at their dwelling house in charge of some person of suitable age, or by serving a copy of such notice upon said persons at least twenty-eight days prior to the time therein specified for the sale, by depositing the same in the post office, properly folded and directed to the said persons at their respective places of residence. 29 B., 302; 20 B., 18; 16 B., 1, 266, 349; 11 B., 192; 9 B., 278; 9 Ab 66; 12 How. P. R., 490 $ 2. The tenth section of the fifteenth title of the eighth chapter of the third part of the Revised Statutes, is hereby amended so as to read as follows: S 10. An affidavit of the publication of such notice of sale and of any notice of postponement may be made by the printer of the newspaper in which the same was inserted, or by his foreman or principal clerk; and an affidavit of the affixing of a copy of such notice on the outward door of the court house, may be made by the person who affixed the same, or by any other person who saw such notice so posted during the time required, and an affidavit of the affixing a copy of such notice in the said books so to be provided and kept by the clerk pursuant to the first section of this act, may be made by the county clerk, or by any other person who saw such notice so affixed during the time required; and an affidavit of the serving a copy of such notice on the persons entitled to service thereof, may be made by the persons who served the same. As amended by Laws of 1857, ch. 308; 20 B., 559; 16 B., 347. S3. The first subdivision of the fourth section of the fifth title of the tenth chapter of the third part of the Revised Statutes, is hereby amended so as to read as follows: 1. For drawing and copies of the advertisement of foreclosure and sale, affidavits of the publication, posting and serving thereof, and of the circumstances of the sale and the deed thereof, the same allowance as is herein made to attorneys in the supreme court, for the drawing and copies of pleadings, and one dollar for serving each copy of the notice of sale required by law to be served. 6 How. P. R., 493. S 4. The eighth section of the fifteenth title of the eighth chapter of the third part of the Revised Statutes, as amended by the act entitled "An act in relation to proceedings in the court of chancery against absent, concealed or non-resident defendants, unknown owners in partition, and to the foreclosure of mortgages by advertisement," passed April 12, 1842, is hereby amended so as to read as follows: CHAP. VIII. ant to a $ 8. Every sale pursuant to a power as aforesaid and con- Effect of a ducted as herein prescribed, hereafter made to a purchaser in sale pursu good faith, shall be equivalent to a foreclosure and sale under power. the decree of a court of equity, so far only as to be an entire bar of all claim or equity of redemption of the mortgagor, his heirs and representatives, and of all persons claiming under him or them, by virtue of any title subsequent to such mortgage, and also of any person having a lien by any judgment or decree upon the land or any part thereof contained in such mortgage subsequent to such mortgage, and of every person having any lien or claim by or under such subsequent judgment or decree, who shall have been served with notice of said sale as required by law. 2 D., 344; 1 H., 107; 5 H., 272; 6 H., 65. CHAP. 305. AN ACT for the better security of mechanics and others erecting buildings and furnishing materials therefor, in the several cities in this State, (except the city of New York), and in the villages of Syracuse, Williamsburgh, Geneva, Canandaigua, Oswego and Auburn. PASSED May 7, 1844. The People of the State of New York, represented in Senate and Assembly, do enact as follows: labor and be a lien on building. $1. Any person who shall hereafter by virtue of any con- Value of the tract with the owner thereof, or his agent, or any person who materials in pursuance of an agreement with any such contractor, shall, to in conformity with the terms of the contract with such owner or agent, perform any labor or furnish materials in building, altering or repairing any house or other building, or appurtenances to any house or other building, in the several cities in this state, (except the city of New York,) and in the villages of Syracuse, Williamsburgh, Geneva, Oswego, Auburn and Canandaigua, shall have a lien for the value of such labor and materials, upon such house or building and appurtenances, and upon the lot of land on which the same stand, to the extent of the right, title and interest at that time existing of such owner, in the manner and to the extent hereinafter provided; but the aggregate of all the liens authorized by this act to be created, for the labor performed and materials furnished in building, altering or repairing any house, other building or appurtenances, shall not exceed the price stipulated in the contract with such owner or his said agent to be paid therefor; and such owner shall not be obliged to pay for or on account of such house, building or appurtenances, any greater sum or amount than the price so stipulated and agreed to be paid therefor, in and by such contract. 8 N. Y., 383; 12 W., 373; 2 E. D. S., 675. PART III. Specifica work to be made. S2. The person performing such labor or furnishing such tion of the materials, shall cause to be drawn up specifications of the work by him contracted to be performed, or materials to be furnished, and stating the price or prices agreed to be paid therefor, and shall file them, or if there be a contract, a true copy thereof, if the same be in writing, in the office of the clerk of the county in which the city or village may be situated, and serve a notice thereof personally on such owner, or his said agent, within twenty days after the making such contract, or after commencing such labor, or the furnishing of said materials. The said clerk shall provide and keep a book, which shall be called "The Mechanics' and Laborers' Lien Docket," in which he shall enter alphabetically, the names of the owners, and opposite to them the names of the contractors or laborers, or other persons claiming a lien, and the lot or street on which such work is to be done, or materials furnished, and the time of filing such specification or copy of such contract; and the said clerk shall in each case receive the sum of eighteen cents. Lien when to take effect. Lien when to be enforced. Bill of par ticulars to be served. 1 E. D. S., 654. S3. The lien so created by this act shall take effect from such filing and such service of the said notice, and shall continue in full force for the space of one year thereafter; such lien may be discharged on such docket at any time by said clerk, on the production to and filing with him of a certificate signed by the contractor, laborer or other person claiming such lien, that the claim for which such lien was created is satisfied and discharged; which certificate shall be acknowledged or proved in the same manner as deeds are required to be acknowledged or proved to entitle the same to be recorded. S 4. Any owner, and any contractor or laborer, or any person furnishing materials, in pursuance of any contract made by such contractor with such owner, or his said agent therefor, may, after such labor has been performed, or materials furnished, enforce or bring to a close such lien, by serving or causing a notice to be served personally on such owner or his agent, contractor or laborer, or person furnishing materials, requiring him to appear in the court of common pleas of the county, or in a justice's court of the city or village in the county in which such building is situated, either in person or by attorney, at a time certain on some day to be specified in such notice, not less than twenty days from the service thereof, and submit to an accounting and settlement in such court of the amount due or claimed to be due under sneh contract for the labor thus performed, or the materials thus furnished. $5. At the time of, or within ten days after the service of such notice, a bill of particulars of the amount claimed to be due, shall be served personally on such owner, and accompanying the same shall be a notice to produce a bill of particulars |