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violation

sale any

for the sale of any such article or substance not so stamped, branded, marked, labeled or sold.

§ 2. Section two of said chapter is hereby amended so as to read as follows:

§ 2. Every person who shall sell or offer or expose for sale, or Penalty export to a foreign country, or have in his or her possession for with intent to sell, by the tub, firkin, box, package or in any greater of act in quantity, any of the said article or substance required by the first sec- for sale tion of this act, to be stamped, branded, marked, and if exported, invoiced and cleared through the custom house as oleomargarine, as therein stated, that shall not be so stamped, branded, marked, and if exported, invoiced according to the provisions of this act, or in case of retail sales in parcels, every person who shall sell or offer or expose for

of said article or substance without selling, offering or exposing for sale the same, from a tub, firkin, box or package stamped, branded or marked as in said first section stated, or without delivery of a label as required by section one of this act, shall for every such offense forfeit and pay a fine of one hundred dollars, to be recovered, with costs, in any of the courts of this State having cognizance thereof in an action to be prosecuted by any district attorney in the name of the people, and the one-half of such recovery shall be paid to the informer, and the residue shall be applied to the support of the poor in the county where such recovery is had.

§ 3. Section three of said chapter is hereby amended so as to read as follows:

§ 3. Every person who shall sell or offer or expose for sale, or export for stolato a foreign country, or who shall cause or procure to be sold, offered tion of act or exposed for sale by the tub, firkin, box or package or in any greater ing. quantity, any article or substance required by the first section of this act to be stamped, branded, marked, and if exported, invoiced and cleared as therein stated, not so stamped, branded, marked, and if exported, invoiced and cleared; or in case of retail sales in parcels, every person who shall sell or offer or expose for sale, or who shall cause or procure to be sold, offered or exposed for sale, any article or substance required by the first section of this act to be sold, offered or exposed for such sale from a tub, firkin, box or package stamped, branded or marked, and labeled as therein stated, contrary to the provisions of said section, shall be guilty of a misdemeanor; and upon conviction shall be punished by a fine of not less than twenty-five dollars or more one hundred dollars or by imprisonment in the county jail for not less than five or more than thirty days, or by both such fine and imprisonment for each and every offense.

4. This act shall take effect immediately. Ante, p. 433.

CHAP. 0.

CHAP. 440. AN ACT to provide for the protection of mechanics and Mechan.

others.

PASSED May 27, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Oil wells, SECTION 1. Any person who shall hereafter perform any labor in or persons about the sinking, drilling or completing of any oil well, or any well ing labor sunk or drilled for oil, or gas, or other volatile or mineral substances, tie hare.

notice.

within the State of New York, or in sinking or drilling any water well, sunk or drilled for the purpose of drilling or operating any such oil well or other well as aforesaid, or who shall erect, build, or furnish any tank or other receptacle for oil, gas or water which shall be built, erected or furnished for any of the purposes aforesaid, or who shall perform any labor, or furnish any materials in or for the building or erecting of such tank or other such receptacle as aforesaid, or who shall furnish any materials for any of the purposes aforesaid, including tubing, casing, sucker-rods, packers or other appurtenances or appliances to any such well as aforesaid, with the consent of the owner, being such owner as in this section hereinafter described, shall, on filing with the county clerk of the county in which the property is situated, the notice prescribed by the next section of this act, have a lien for the value of such labor and materials upon such tank or other receptacle as aforesaid, and upon such well as aforesaid, and appurtenances, and upon the lot, premises, parcel or farm of land upon which the same shall be situated, to the extent of the right, title and interest of the owner of the property, whether owner in fee or of a less estate, or whether lessee for a term of years thereafter, or vendee in possession under a contract existing at the time of the filing of said notice

, or any right, title or interest in real estate against which an execution at law may now be issued under the provisions of the statutes in force in this state, relating to liens of judgment and the enforcement

thereof. Filing of 8 2. Within sixty days after the performance and eompletion of such

labor or the final furnishing of such materials, the contractor, subcontractor, laborer or person furnishing the same, shall file a notice in writing in the office of the clerk of the county where the property is located, specifying the amount of the claim and the person against whom the claim is made, the name of the owner or of the party in interest as aforesaid of the premises, lot, parcel or farm of land, together with a description of said lot, parcel or farm of land. The county

clerk shall enter the particulars of such notice in a book to be kept in County

his office to be called the “lien docket," which shall be suitably ruled in columns headed “claimants," “ against whom claimed," owners and parties in interest, "amount claimed," and the date of the filing of the notice, hour and minute, what proceedings have been had, the names of the owners and parties in interest and the person against whom the claim is made shall be entered in said book in alphabetical order. A fee of ten cents shall be paid to said clerk on filing said notice, and 10 lien shall attach to said land, well, tank or other receptacle or appurtenances or appliances, unless said notice shall be filed by said clerk, and when so filed said notice shall thereafter operate as an incum

brance upon said property. Labor $ 3. Whenever the labor performed or materials furnished shall be performed materials upon the edit of any contractor who shall have made a contract furnished therefor with the owner of the property, or such party in interest as

aforesaid, whether such contract shall be oral or in writing, or express or implied, or for any specified sum or otherwise, or on the credit of any sub-contractor or the assignee of any contractor or sub-coz tractor, the provisions of this act shall not oblige the owner or party in interest as aforesaid, to pay for or on account of any such labor or materials, any greater sum or amount than the price stipulated and agreed to be paid therefor by said contract, or the value of such labor and materials except as in the next section provided.

84. At the time of the filing of said notice prescribed by the second

clerk to make ent

of con tractor.

Non-service of

to avoid

of act.

section of this act, the person filing said notice may serve upon the Serpice of said owner, or party in interest as aforesaid, a written notice specifying Claims the amount of the claim, the name of the person against whom the claim is made, and for what labor or materials the claim is made, which said notice shall be served, by delivering the same to such owner or party in interest as aforesaid personally, or if there shall be two or more of such owners or parties in interest, to either or any one of them, or by leaving the same at the place of residence of such owner or party in interest, or if there be two or more, of either or any one of them, or in case said owner or party in interest shall have no place of residence within the county where such property as aforesaid shall be situated, then by mailing said notice to said owner or party in interest, securely inclosed in a sealed envelope directed to said owner or party in interest at his post-office address, with the postage prepaid thereon, and from the time of the service of such notice as aforesaid, such owner or party in interest shall be liable to said claimant to the amount then due or owing to the contractor, sub-contractor or assignee of such contractor, sub-contractor, upon whose credit such labor shall be performed or materials furnished as hereinbefore provided. And in any case whether the notice above prescribed shall or shall not be served as notice. above provided upon such owner or party in interest as aforesaid, if such owner or party in interest as aforesaid shall pay, or cause to be paid, to any contractor, sub-contractor or assignee, or any other person, any

Payments money or other valuable thing for the purpose of avoiding or with in- provisions tent to avoid any of the provisions of this act, when the amount still due or to grow due to said contractor, sub-contractor or assignee shall be insufficient to satisfy the demands made in conformity with the provisions of this act, the owner or other party in interest aš aforesaid shall be liable to the amount that would have been due or owing to said contractor, sub-contractor or assignee, at the time of the filing of the notice in the second section of this act, in the same manner as if no such payment had been made.

8 5. Any contractor, sub-contractor, mechanic, laborer, or other person performing any work or furnishing any materials as above provided, or the assignce of any such person or persons, may, after such labor has been performed or materials furnished, and the filing of the notice provided by the second section of this act, when the amount of the claim exceeds fifty dollars, bring an action in the supreme court in the county in which the property is situated, or in the county court of said county, to enforce such lien, which action shall be commenced, Action to and the proceedings therein conducted, and judgment entered in the enforce same manner and to the same effect as in actions brought in said courts to enforce liens, provided by chapter four hundred and two of the laws of eighteen hundred and fifty-four, and the several acts amending the same, and the said courts shall have full power to adjust and enforce all the rights and equities between any or all of the parties to such actions, and enforce or protect the same by any of the reme. dies usual in said courts.

8 6. When the amount of the lien claimed is two hundred dollars or under, the claimant may commence his action in a justice's court of the town or city in which the premises are located, which action shall be commenced, and the proceedings therein conducted and the judgment entered, and transcript filed in the same manner and with the effect as in actions commenced in justices' courts to enforce liens pursuant to said chapter four hundred and two of the laws of eighteen

4 Edm. 673 hundred and fifty-four, and the several acts amending the same.

ment. Lien against real

osts and 87. Costs and disbursements, in actions to enforce liens provided disbursements. for by this act, shall be allowed to either party upon the principles and

by the same rules as are now allowed by law in actions for relief arising on contract, and shall be included in the judgment recovered therein, and the expenses incurred in serving the notice by which such actions shall be commenced by publication may be allowed in justices' courts and added to the amount of costs now allowed in said courts. When the action is brought in the supreme court or in a county court, such direction shall be made in the discretion of the court as to the par: ment of costs as shall be just and equitable, and the judgment entered

shall specify to whom and by whom the costs are to be paid. Filing or

$ 8. A transcript of every judgment rendered under this act shall transcript of judg- be furnished by the clerk of the county where rendered and docketed

to the successful party, who may file the same with the county clerk

of any other county, and the same shall thereafter be a lien on the real property. property in the county, where the same is filed and docketed, of every

person against whom the same is rendered, if for twenty-five dollars or upwards, exclusive of costs, in like manner and to the same extent and enforceable by execution in the same manner, as in other actions

for the recovery of money arising on contract. Exccution. 9. Whenever any judgment shall be entered in any such action as

aforesaid, execution shall thereupon issue for the enforcement and collection of such judgment in the same manner as executions are issued upon other judgments in actions on contract for the payment of money only, except that when the judgment is in favor of the claimant the execution shall direct the officer to sell the right, title and interest which the owner or other party in interest had in the premises at the time of filing the notice prescribed by the second section of this act, and if the same shall be insufficient to satisfy said judgment, then to collect such deficiency as shall remain out of the personal property of such owner or party in interest, or if there be two or more of either of them, or if sufficient personal property cannot be found, then out of the real property of such owner or party in interest, or if there be two or more, of either of them, in the county to which said execution is issued, on the day such judgment was docketed in said county, or on any day thereafter. But no such defficiency shall be collected out of any real property, unless such deiency* shall amount to or exceed the sum of twenty-five dollars.

§ 10. Every lien created under the provisions of this act shall continue until the expiration of six months from the time of filing the notice prescribed in the second section of this act, unless sooner discharged by the court or some legal act of the claimant in the proceedings; but if within such period of six months proceedings are commenced to enforce or foreolose such lien, then such lien shall continue until judgment shall be rendered thereon, and for one year thereafter such lien shall also continue during the pendency of an appeal and for one year after the determination thereof. When a judgment is rendered as aforesaid it may be docketed in any county of this State

and enforced as if obtained in an action in a court of record. Appeals.

§ 11. Appeals from judgment rendered pursuant to this act may be taken by either party in the same manner, within the same time, and subject to the same rules and course of procedure as in appeals taken in civil actions arising on contract, and with like costs and disbursements, and the judgment thereon shall be enforced as judgments on appeal are now enforced and collected. Such appeal shall be had an taken only in the proceeding or action wherein judgment shall be

Continuance of lien.

* So in original.

given or rendered, but such appeal shall not operate as a stay of proceedings or in any manner to affect the foreclosure or action of any other claimant or claimants then pending.

$ 12. The liens created by virtue of the provisions of this act shall Priority. be paid and settled according to priority of notice filed with the county clerk as directed by the second section of this act.

$ 13. All liens created by this act may be discharged as follows: How disFirst, by filing with the county clerk a certificate of the claimant or

charged. his successor in interest, acknowledged or proved in the same manner as a conveyance of real estate, stating that the lien has been paid or discharged; second, by depositing with the justice before whom, or the clerk of the court in which proceedings shall be commenced to enforce or foreclose said lien, a sum of money equal to double the amount claimed, which amount shall therenpon be held subject to the determination of such proceedings; or, third, by an entry of the county clerk made in the book of liens that the proceedings on the part of the claimant have been dismissed by the court or a judgment rendered against the said claimant.

CHAP 448.

Taxation

AN ACT in relation to uncollected taxes in the several townr

and wards in this State.

PASSED May 27, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. When the tax imposed by a board of supervisors, upon Return of any resident tax payer in the several counties, shall be returned by the tax for collector of any town or ward as unpaid, for want of goods and chat-goods and tels to satisfy the same, the treasurer of the county in which such chattels to taxes are so returned shall add interest to the same at the rate of eight per centum per annum, until the same is returned by said treasurer to the comptroller, which sum so added shall be a lien upon the property assessed, in the same manner and to the same extent as the tax levied by the said board of supervisors. This act shall not apply to any county having a special provision of statute on this subject.

§ 2. This act shall take effect immediately.

CHAP 449.

AN ACT to amend section twenty-seven, article two, title

two, chapter one, part four of the Revised Statutes of the State of New York.

PASSED May 27, 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 twenty-seven, article two, title two, chapter one, part 4, ch.

Amending part four of the Revised Statutes of the State of New York is hereby Rev. amended so as to read as follows:

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