TITLE 4. exhibited. § 82. After such second dividend shall have been made, the Debts not receivers shall not be answerable to any creditor of such corporation, or to any person having claims against such corporation, by virtue of any open or subsisting engagement, unless the demands of such creditor shall have been exhibited, and the engagements. upon which such claims are founded, shall have been presented to the said receivers, in detail and in writing, before or at the time specified by them in their notice of a second dividend. Surplus to stockhold ers. 6 Paige, 503; 45 N. Y., 316. Money retained [472] Control of receivers, &c. 6 Paige, 226. Account by them. 'Previous notice thereof. Master's duty. Settlement of account; its effect. Further [L. 1821, 141, § 4.1 § 83. If after the second dividend is made, there shall remain any surplus in the hands of the receivers, they shall distribute the same among the stockholders of such corporation, in proportion to the respective amounts paid in by them, severally, on their shares of stock. § 84. When any suit pending at the time of the second dividend, shall be terminated, they shall apply the monies retained in their hands for that purpose, to the payment of the amount recovered, and their necessary charges and expenses; and if nothing shall have been recovered, they shall distribute such monies, after deducting their expenses and costs, among the creditors and stockholders of the corporation, in the same manner as herein directed in respect to a second dividend. § 85. The receivers shall be subject to the control of the court of chancery, and may be compelled to account at any time; they may be removed by the court, and any vacancy created by such removal, by death or otherwise, may be supplied by the court. § 86. Within three months after the time herein prescribed for making a second dividend, the receivers shall render a full and accurate account of all their proceedings to the court of chancery, on oath, which shall be referred to a master to examine and report thereon. § 87. Previous to rendering such account the receivers shall insert a notice of their intention to present the same, once in each week, for three weeks, in the state paper, and in a newspaper, of the county in which notices of dividends are herein required to be inserted, specifying the time and place at which such account will be rendered. § 88. The master to whom such account shall be referred, shall hear and examine the proofs, vouchers and documents offered for or against such account, and shall report thereon fully to the court. $89. Upon the coming in of such report, the court shall hear the allegations of all concerned therein, and shall allow or disallow such account, and decree the same to be final and conclusive upon all the creditors of such corporation, upon all persons who have claims against it, upon any open or subsisting engagement, and upon all the stockholders of such corporation. Such receivers shall also be render- account from time to time in the same manner, and with the like effect, for all monies which shall come to their hands after the rendering of such account, and for all monies which shall have been retained by them for any of the purposes herein before specified, and shall pay into court all unclaimed dividends. accounts to ed. [Sections 90 and 91 were repealed by L. 1880, ch. 245.] ARTICLE FOURTH. OF PROCEEDINGS BY AND AGAINST PUBLIC BODIES, HAVING CERTAIN CORPORATE POWERS, SEC. 92-101. [Repealed.] 102. Judgments against certain officers to be laid before supervisors. 103. To be added by them to tax list, and collected as taxes. 104. County treasurer in certain cases to pay judgments. 105 & 106. When to be paid by supervisor or overseers of the poor. 107 & 108. [Repealed.] [Sections 92-101 were repealed by L. 1880, ch. 245.] ART. 4. [473] [474] judgments. pervisors. 185; 30 Hun, 148;. § 102. If judgment be rendered for any debt, damages or costs, Certain against the board of supervisors of a county, against the county to be laid superintendents of the poor of any county, against any town or the before susupervisor thereof, or the overseers of the poor thereof, on account 29 Hun, of the liability of such county or town; and such judgment be not suspended by writ of error or otherwise, or be not paid and satisfied 397. before the next annual meeting of the board of supervisors of the county, a certified copy of the docket of such judgment, or the record thereof, if required by such board, shall be laid before the board of supervisors of the county at some annual meeting thereof. 45 N.Y., 686; 5 Lans., 274; 20 Barb., 294; 11 Wend., 171; 12 How. Pr. R., 55; 7 How. 93 N. Y., [475] lected like. 294; 11 Barb., 117; 274; 93 5 Lans., N. Y., 397. § 103. The board of supervisors shall add the amount of such To be coljudgment, together with interest thereon from the time of recovery, tected to the first Monday in February then next, and also the expenses 20 Barb., of the certified copy of the docket or record of judgment mentioned in the preceding section, to the tax to be laid upon the county or town against which, or against the officers of which, such recovery shall have been had; which sums shall be assessed, levied and collected, as other contingent charges of such town or county, and shall be paid by the county treasurer, to the person recovering such judgment. County treasurer. §104. But if the treasurer of the county, against which, or against When to be whose officers, such judgment shall be had, have sufficient monies in pain by his hands belonging to such county, not otherwise specifically ap- B propriated, he shall be bound to pay the amount of such judgment, 294. upon the production of a certified copy of the docket thereof, or of the record, if required; and if he shall fail to do so on demand, he shall be personally liable for the amount of such judgment, with the interest, to be recovered in an action by the party in whose favor such judgment was rendered, or his representatives. When by and over supervisor 14 Wend., 14; 45 N. Y., 686. § 105. If the supervisor of a town or the overseers of the poor of a town, against whom any judgment shall have been rendered, which shall not be suspended by writ of error or otherwise, have sufficient if we monies in their hands belonging to their town, not specially appropriated, they shall in like manner pay the amount of such judgment and the interest thereon, upon the like evidence; and for a failure so to do, they shall in like manner be responsible personally to the party in whose favor such judgment was obtained. § 106. If the recovery be had against a town in its own name, By superthe supervisor thereof shall, in like manner and upon the like evi- vísor. TITLE 8. 92 N. Y 570; 98 N. Y., 397. [476] dence, pay TITLE V. [477-479] Of Suits against Sheriff's, Surrogates and other Officers, on their official Bonds. [This title was repealed by L. 1880, ch. 245.] [480-487] (488-492] TITLE VI. Of Actions for Penalties and Forfeitures; and Provisions for the Collection TITLE VII. Of Proceedings for the Admeasurement of Dower. [This title was repealed by L. 1880, ch. 245.] Of Proceedings for the Collection of Demands against Ships and Vessels. [This title was repealed, and a new system of proceedings established for the same purpose, by L. 1862, ch. 482, which immediately follows.] Acts on the same subject. L. 1862, Chap. 482-An act to provide for the collection of demands against ships and vessels. When debt a lien on vessel, tackle, etc. SECTION 1. Whenever a debt, amounting to fifty 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 mariners' wages. 5 Hill, 34; 20 Wend., 177; 13 Wend., 390, 601; 5 Wend., 510, 564; 1 Wend., 557; 45 Barb., 269; 19 Abb., 51; 30 How. Pr. R., 186, 398; 50 Barb., 490; 2 Bosw., 509; 48 N. Y., 313; 57 N. Y., 118; 1 Abb., N. S., 420; 2 T. & C., 618; 4 id., 154; 44 N. Y., 415; 39 N. Y., 21; 36 N. Y., 358; 1 Hun, 650; 5 T. & C., 617; 1 J. & S., 387; 59 N. Y., 554; 71 N. Y., 413; 13 Hun, 632; 18 Hun, 56; 34 Hun, 192; 37 Hun, 52; 82 N. Y., 409; 83 N. Y., 552; 86 N. Y., 256; 43 Hun, 429. When debt ceases to be a lien; specifications. § 2. Such debt shall cease to be a lien at the expiration of twelve months after the said debt was contracted, unless at the time when said twelve months shall expire, such ship or vessel shall be absent from the port at which said debt was contracted, in which case the said lien shall continue, until the expiration of thirty 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, unless the person having such lien shall, within thirty days after said debt is contracted, cause to be drawn up and filed specification of such lien, which may consist either of a bill of particulars of 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 to by such person, his legal representative, agent or assigns. [Thus amended by L. 1886, ch. 88, superseding L. 1885, ch. 273.] 57 N. Y., 112; 43 N. Y., 52; 36 N. Y., 662; 3 Lans., 417; 20 Johns. Ch. R., 194; 6 Hill, 494; 61 N. Y., 530; 71 N. Y., 413; 43 Hun, 429. [See L. 1863, ch. 422, post, p. 2692.] Specification of lien where to be filed. § 3. Such specifications shall be filed in the office of the clerk of the county in which such debt shall have been contracted, except that when such debt shall have been contracted in either of the counties of New York, Kings or Queens, then such specification shall be filed in the office of the clerk of the city and county of New York; and it shall also be the duty of any and all parties or persons, their heirs, their legal representatives, agents or assigns, after the filing of such specifications in the county clerk's office as in said act provided, in case the vessel is built, used, or fitted for the navigation of any of the canals or lakes of this state, to immediately thereafter, file or cause to be filed a copy of said specifications in the office of the auditor of the canal department, duly certified by the county clerk, in whose office the original specifications shall have been filed. [Thus amended by L. 1879, ch. 334.] When warrant may issue to enforce lien. § 4. Any person having a lien upon any ship or vessel for any debt 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. 20 Wend., 181; 50 Barb., 499; 51 N. Y., 78; 43 Hun, 429. Application for warrant. § 5. Such application shall be 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 debts; 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 or 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. 2 Robt., 26; 7 N. Y., 508; 3 Sandf., 372; 37 Hun, 52. Warrant. § 6. 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, her 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. Such sheriff shall also, in his return, state whether he has seized said ship or vessel by virtue of any other warrant or warrants, and specify in whose behalf, and for what sums such other warrants have been issued, respectively, and the time of his reception thereof. 50 Barb., 499. Undertaking. § 7. Such warrant shall not be issued unless the person applying therefor shall deliver to the officer to whom the application is made to be filed by him, an undertaking to the effect that if the said applicant do not within the time hereafter specified in section twelfth of this act prosecute any bond which may be given upon the discharge of such warrant, or if the said applicant in any action brought upon such bond be finally adjudged not to have been entitled to such warrant, the parties giving such undertaking will pay all costs that may be awarded against such applicant, not exceeding the sum specified in the undertaking, which shall be at least one hundred dollars, and any damages that may be sustained by reason of the seizure of such vessel under such warrant, not exceeding the sum of fifty dollars. The undertaking required by this section shall be executed by the applicants or one of them, or their agent, and at least one surety, who shall be a resident and householder within this state. Such undertaking shall be approved by the said officer. [Thus amended by L. 1863, ch. 422.] 2 Bosw., 682; 4 Sandf., 493; 3 Sandf., 399, 572; 19 Wend., 527. Duty of sheriff. § 8. Any sheriff to whom such warrant shall have been directed and delivered shall forthwith execute the same, and shall keep the said vessel, her tackle, apparel and furniture to be disposed of as is herein directed. Notice of issuing of warrant to be published; copy of notice, when to be served on other claimants and lienors. § 9. The person applying for such warrant 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 newspaper shall be so published, setting forth that such warrant has been issued, the amount of the claim specified therein, the day when such warrant was issued, 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, and in case the vessel is built, used, or fitted for the navigation of any of the canals or lakes of this state, shall also serve a copy of such notice personally at least ten days before the issuing of the order of sale mentioned in section fifteen of the act hereby amended, upon all persons who may have filed any claim or lien upon such ship or vessel, by mortgage or otherwise, in the office of the auditor of the canal department, or the service of such notice may be made at least twenty days before the issuing of said order above mentioned, by leaving a copy of the same at their dwelling-house in charge of some person of suitable age, or by depositing the same in the post-office properly folded and directed to such persons at their respective places of residence and paving the postage thereon. [Thus amended by L. 1879, ch. 334.] Application to discharge warrant. § 10. The owner, consignee, agent or commander of any vessel seized by virtue of any warrant issued pursuant to the |