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DIGEST

OF NEW YORK STATUTES AND REPORTS,

FROM THE EARLIEST PERIOD TO THE YEAR 1860.

BY

BENJAMIN VAUGHAN ABBOTT,

AND

AUSTIN ABBOTT.

COMPRISING

THE ADJUDICATIONS OF ALL THE COURTS OF THE STATE,

PRESENTED IN THE REPORTS BY

ABBOTT, ANTHON, BARBOUR, BOSWORTH, BRADFORD, CAINES, CLARKE, OOLEMAN,
COMSTOCK, COWEN, DENIO, DUER, EDWARDS, HALL, HILL HILTON, HOFFMAN,
HOPKINS, HOWARD, JOHNSON, KERNAN, PAIGE, PARKER, BANDFORD,

SELDEN, E. D. SMITH, E. P. SMITH, AND WENDELL;

AND

LN THE CHANGERY SENTINEL, THE CITY HALL RECORDER, THE CODE REPORTS AND REPORTER, HILL & Dento's

SUPPLEMENT, HOWARD'S COURT OF APPEALS Cases, LIVINGSTON'S JUDICIAL OPINIONB,

THE NEW YORK LEGAL OBSERVER, WHEELER'S CRIMINAL CASES, Ero.

TOGETHER WITH

THE STATUTES,
As embodied in the Revised Laws of 1813, the Revised Statutes, and the general Acts passed sinco 1829.

PRECEDED BY

A TABLE OF CASES ORITICISED.

THIRD EDITION: REVISED AND CORRECTED.

VOL. IV.

NEW YORK:
JOHN S. VOORHIES, LAW BOOKSELLER AND PUBLISHER.

1864.

Entered scoording to Act of Congress, in the year one thousand eight hundred and sixty,

By BENJAMIN VAUGHAN ABBOTT and AUSTIN ABBOTT,
In the Clerk's Office of the District Court for the Southern District of New York.

Entered according to Act of Congress, in the year one thousand eight hundred and sixty-three,

By BENJAMIN VAUGHAN ABBOTT and AUSTIN ABBOTT,
In the Clerk's Office of the District Court for the Southern District of New York.

Entered according to Act of Congress, in the year one thousand eight hundred and sixty-four,

By BENJAMIN VAUGHAN ABBOTT and AUSTIN ABBOTT,
In the Clerk's Office of the District Court for the Southern District of New York.

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DIGEST

OF

NEW YORK STATUTES AND REPORTS.

.

1

FROM THE EARLIEST PERIOD TO THE YEAR 1860.

(Statutes are distinguished by the use of a smaller type.]

MECHANICS' LIEN.

Law of 1844. Freeman 0. Arment, 5 N. Y.

Leg. Obs., 381. [This title embraces only the statutory lien given in favor of persons furnishing labor or materials in the erection of 6. The powers conferred by the Mechanics' buildings. For the common-law liens of mechanics and Lien Law of 1851, relative to New York city others, see Lies and titles there referred to.)

(Laws of 1851, 953, ch. 513), are of such a 1. THE LIEN.

nature as to call for a strict construction of II. THE FOREOLOSURE.

the act. N. Y. Com. Pl., Sp. T., 1857, Roberts

v. Fowler, 3 E. D. Smith, 632; S. O., 4 AbI. THE LIEN.

botts' Pr., 263. 1. The statutes. There have been a number

7. Who may acquire a lien. The right to of statutes on the subject of mechanics' liens, acquire a lien, given by the Lien Law for the applicable in different counties of the State. They city of New York (Laws of 1851, 953, ch. 513), correspond in general features, though they differ is limited to the following classes of persons in details. For these statutes, see* the session laws; or 3 Rev. Stat., 5 ed., 804-828.

or contractors: 1. Any contractor who has 2. Act of 1830, provides for creating and contracted directly with the owner for the foreclosing a lien, in favor of persons performing furnishing of labor or materials used in the work towards the construction of any building in erecting or altering of a building, and who has the city of New York. Laws of 1830, 412, ch. 330; repealed, Laws of 1851, 956, ch. 513, $ 13.

furnished the same in conformity with the 3. The above act extended to apply to materials terms of his contract. 2. Any person who, furnished, and also to apply to verbal contracts as under an agreement made by him with such well as written ones. Laws of 1832, 181, ch. 120.

4. Act of 1844, provides for a lien 'in favor original contractor, has performed labor or of contractors or sub-contractors performing labor furnished materials used in such erection or or furnishing materials towards constructing any alteration, provided such labor or materials building or appurtenances in the city of New York. Lmos of 1844, 339, ch. 220 ; repealed, were in conformity with the terms of such Laws of 1851, 956, ch. 513, § 13.

original contract with the owner. N. Y. Com. 5. Construction of the Mechanics' Lien Pl., Sp. T., 1858, Heroy v. Hendricks, 4 E. D.

Smith, 768. * See, especially, the Westchester Act, Laws of

8. One employed by a sub-contractor to 1854, 1086, ch. 402; and Laws of 1858, 324, ch. 204, furnish materials, is not entitled to the benefit extending the Westchester Act to all the counties of of the act. (17 Wend., 550; 22 Id., 395; 1 the State, except New York and Erie.

E. D. Smith, 716; 2 Id., 555; Nott's Lien L., The act so frequently referred to in the above title 85.] Ib. as “the act of 1851," is the act relative to the city of

9. The acts of 1830 and 1832 (Laws of 1830, New York, Laws of 1851, 953, ch. 513. Wherever the act of 1851, relative to Westchester, Ulster, and 412, ch. 330; 1832, 181, ch. 120) apply to Putnam counties (Laws of 1851, 819, ch. 169), is persons employed by, or who furnish matecited the particular reference is given.

rials to the person contracted with the owner,

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