provisions of this title, or any person interested in such vessel, may at any time before such vessel be sold, as hereinafter provided, apply in person or by attorney to the officer who issued such warrant, on one day's notice, to the said attaching creditor or his attorney, for an order to discharge the same. Said notice shall specify the names, places of residence and places of business of the proposed sureties.

Bond; sureties. § 11. Such person shall execute and deliver to the officer to whom such application is made a bond to the creditors prosecuting such warrant in a penalty at least double the amount specified in the warrant, conditioned that the obligors therein will pay the amount of any and all claims and demands which shall be established to be due to the person or persons in whose behalf such warrant was issued, and to have been a subsisting lien upon such vessel pursuant to the provisions of this act at the time of exhibiting the same. In all such cases the attaching creditors shall have the right to examine the sureties as to their sufficiency, at such time and place as shall be fixed by the judge to whom application is made.

26 Wend., 505; 19 Wend., 527; 2 Robt., 26.

When warrant to be discharged. § 12. Upon such bond being executed and delivered to such attaching creditor or his attorney, and the taxed fees of the sheriff paid, the said officer shall thereupon grant his order discharging the warrant that may have been issued by him in favor of such creditor, and no further proceedings against the said vessel so seized shall be had under the provisions of this title founded upon any demand secured by such bond. Such bond may be prosecuted in any court having jurisdiction thereof at any time within three months after such delivery, but not afterwards.

Action on bond. § 13. If in any action brought upon such bond it be found that any sum be due the plaintiff, which was a subsisting lien upon such ship or vessel at the time of exhibiting the same as herein provided, judgment shall be rendered that the plaintiff recover the same with the costs and allowances of the action and the costs of the attachment, as herein provided, and he have execution therefor. But if in such action it be found that no subsisting lien existed in favor of the plaintiff at the time of exhibiting his claim, then judgment shall be rendered against such plaintiff for the costs and allowances of such action and the costs of the attachment as herein provided, including the amount of the sheriff's fees due and paid on releasing such vessel from the warrant.

Costs on attachment; sheriff's fees. § 14. The costs of the attachment shall be in addition to the disbursements; for filing specification of a lien, two dollars; for exhibiting a lien and procuring a warrant therefor, when the amount of the lien is under fifty dollars, ten dollars; when the amount of the lien exceeds fifty dollars and is under two hundred and fifty dollars, twenty dollars; when the amount of the lien exceeds two hundred and fifty dollars and is under one thousand dollars, thirty dollars; and when the amount of the lien exceeds one thousand dollars, fifty dollars; for attending to the discharge of any warrant upon a bond, ten dollars. The sheriff shall be entitled in proceedings under this act to the following fees and expenses: For serving warrant, one dollar; for returning the same, one dollar; for the expenses of keeping such vessel in custody, the necessary sums paid by him therefor, not exceeding, however, the sum of two dollars and fifty cents for each day the vessel shall have been held by him in custody. Such sheriff shall not be entitled to receive any other or greater sums than those above specified, for any service rendered by him in any proceeding under this act, nor shall he be allowed expensse of custody upon more than one warrant at the same time. All costs, disbursements and fees shall be verified by affidavit and adjusted by the officer who issued the warrant.

When property to be sold. § 15. If the creditor who shall have exhibited his claim shall not have been satisfied, and if such vessel shall not have been discharged within thirty days after the first publication of the notice required by the ninth section of this act, upon due proof of the publication of such notice, the

officer who issued such warrant shall issue his order to the sheriff holding the vessel under such warrant, directing such sheriff to proceed and sell the vessel so seized by him, her tackle, apparel and furniture, and such order shall state the amount deemed necessary to be raised to satisfy all unsatisfied liens which have been exhibited against such vessel. Upon proof of personal service of the notice required by the ninth section of this act, and of notice of the application for sale upon the owners of the vessel, and upon all other unpaid creditors who have filed specifications of their liens pursuant to the provisions of this act, such order of sale may in the discretion of the officer be issued at any time after the seizure of such vessel.

Notice of sale. § 16. Within ten days after the service of such order the sheriff shall, unless such order be sooner vacated, proceed to sell the vessel so seized by him, her tackle, apparel and furniture, upon the same notice, in the same manner, and in all respects subject to the provisions of law in case of the sale of personal property upon execution.

Proceeds of sale. § 17. The sheriff shall return to the officer granting such order his proceedings under the same, and the proceeds of such sale, after deducting his fees and expenses in seizing, preserving, watching and selling such vessel when duly taxed, shall be retained by such sheriff in his hands, to be distributed and paid as hereinafter directed.

Notice of distribution of proceeds. § 18. At the time of issuing any such order of sale, the officer granting the same shall order a notice to be published in the same newspaper in which the notice of seizure is required hereby to be published once a week for three weeks, requiring all persons who have any liens upon such vessel by virtue of the provisions of this act, and the master, owner, agent or consignee and all other persons interested in such vessel to appear before him at a day to be therein specified, not less than thirty and not more than forty days from the first publication of such notice, to attend a distribution of the proceeds arising from the sale of such vessel, her tackle, apparel and furniture. The officer may in his discretion direct such distribution to be made before a referee to be appointed by him on notice.

Liens against proceeds of sale; costs of distribution. § 19. Such proceeds of any sale under the provisions of this act shall, until distributed as herein provided, stand in place of the vessel, and until such distribution any person entitled under this act to enforce a lien against such vessel may enforce the same against such proceeds, in the same manner as is herein provided for enforcing a lien against the vessel herself, and with like effect. Upon the distribution of such proceeds, the various claims exhibited, which are found to be subsisting liens upon such vessel, or the proceeds thereof according to the provisions of this act, shall, with their respective costs, expenses and allowances, be ordered to be paid out of such proceeds in the order of the delivery of the respective warrants to the sheriff. The costs, disbursements and allowances upon such distribution shall be the same as those allowed in civil actions upon a trial.

Who may contest claims. § 20. At any time before the final distribution of such proceeds the master, owner, agent, consignee or any person having any interest whatever in such proceeds may contest any claim which shall have been exhibited against such vessel or the proceeds thereof.

Statement to be filed with officer; copy served. § 21. In case of such contest the party making objection to any such claims shall file with the officer a written statement or answer designating the claims he desires to contest, and controverting such of the allegations of the petition exhibiting such claim as he may be able to controvert, and likewise setting up any other matter of defence thereto. Such statement or answer shall be verified by the party presenting the same to the effect that the same is true to the best of his knowledge or belief. A copy thereof shall within five days from the filing thereof be served upon the person whose claim it is intended to contest or his attorney, otherwise it shall be deemed abandoned.

When statement stricken out. § 22. If such answer do not contain matter of defence to such claim, it may be stricken out on motion of any person who has exhibited any claim against said vessel or the proceeds thereof.

Trial of issues thereon. § 23. The issue between such contestants shall be tried before a judge in like manner as other issues which are authorized by law to be tried before a judge, and at some early day to be fixed by the officer who issued the warrant, or the same may be referred by such officer to some competent referee, to hear and determine the same in like manner as in civil actions.

Appeal. § 24. Either party may have the same right to except to and appeal from the report of such referee or the decision of such judge as in civil actions, and on such appeal the finding of such referee or court, both of law and of fact, shall be examined and may be reversed or modified, or a new trial may be ordered. Judgment for costs shall be rendered in favor of the successful party as in personal actions, and the successful party shall be entitled to recover the costs and allowances provided for in the Code of Procedure in civil actions.

Distribution regulated. § 25. When the amount of all the claims which shall have been exhibited, and which are found to have been subsisting liens upon such vessel at the time of exhibiting the same, shall have been finally determined, the said proceeds shall be distributed by the court as provided in section eighteen of this act, on motion of any person interested therein or otherwise. Any uncontested claims entitled by this act to be paid out of such proceeds prior to the claims which may be contested, shall, on motion of the parties interested, be paid in the order of their respective priorities, notwithstanding such contest with costs; and if at any time it be made to appear that after payment of all prior uncontested claims and their respective costs, and after deducting an amount sufficient to pay all prior contested claims and costs, there will remain a surplus of such proceeds applicable to the payment of any subsequent uncontested claims. Such claims may, on notice to the owner or agent of the vessel, or other parties interested, be ordered to be paid out of such surplus, with costs.

Proceeds subject to direction of court. § 26. The proceeds of any sale of any vessel under the provisions of this act shall be subject to the direction of the court, and may at any time be invested by such court, according to the practice thereof.

Lien may be assigned. § 27. Whenever any person having a lien against any ship or vessel shall have filed specifications thereof as provided by this act, such lien may be assigned and transferred by an instrument in writing, duly acknowledged and filed in the same place where the original specifications of such liens were filed; such assignment shall describe the debt intended to be transferred, and specify the date of the filing the specification thereof, and shall state to whom it is intended to transfer it. Such transfer, and the name of the person or persons to whom such lien has been transferred, shall be noted by the clerk opposite the original entry of such lien, and after the filing of such assignment and transfer, but not otherwise, the person to whom such lien has been transferred shall be entitled to enforce the same in like manner as the person who transferred the same could have done.

Further provisions as to discharge of lien. § 28. Whenever any specifications of any lien upon any ship or vessel shall have been filed pursuant to the provisions of this act, and no warrant has been issued to enforce the same, any person owning or interested in such ship or vessel may apply to any justice of the supreme court for leave to discharge such lien upon giving bonds therefor. Such application shall be in writing, and shall set forth the amount of the lien claimed to be subsisting and the grounds of defence thereto; it shall also set forth the names of two persons, proposed sureties for such lien, with their respective residences and places of business, which sureties shall, if leave to bond be granted, justify on notice to the person having the lien before the officer granting such leave. Upon presenting such application, with proof that a copy thereof, with at least five days' notice of the time and place of presenting the same, has been served upon

the person having such lien, such officer may, if no just cause be shown in opposition thereto, grant leave to bond the said claim.

Discharge of lien. § 29. When such leave be given, and upon the execution and delivery to the person having such lien of the bond prescribed in section seven of this act approved by the officer, such officer shall direct that the said lien be marked by the clerk as discharged, and the same shall cease to be a lien upon such vessel.

Distribution of surplus. § 30. If after payment of all claims which have been exhibited and been found to be payable out of the proceeds of the sale of any vessel under this act, a surplus thereof remain, such surplus may be distributed by the court to the persons entitled thereto, but such distribution shall not be made until a notice shall have been published specifying the amount of such surplus proceeds, the names of the persons applying therefor, together with the name of the ship or vessel from which the same arose, and the date of the sale of such vessel. Such notice shall be published in the same manner and for the same time as prescribed in section nine of this act.

Absence or inability of judge. § 31. Whenever any proceeding under this act shall have been commenced before any judge, the same and every part thereof may, in the absence or inability of such judge, or by his order to that effect, be continued before any other judge of the same court.

Sheriff may be compelled to return warrant. § 32. Every sheriff to whom a warrant may have been delivered, may be compelled by any officer having jurisdiction over the proceedings thereon, to return such warrant, with his proceedings thereon, and to pay over moneys in his hands, and to take any steps necessary for the safety of said vessel pursuant to any order for that purpose, by an order of such officer, and by process of attachment for disobedience thereof, on the application of any person interested therein.

Lien on vessel causing damage. § 33. Whenever any ship or vessel shall have been run down or afoul of by any other ship or vessel, through the negligence or wilful misconduct of those navigating such other ship or vessel, and shall thereby have sustained damage to the extent of fifty dollars, the owner of the ship or vessel sosustaining damage shall have a lien upon the ship or vessel causing such damage in manner aforesaid, her tackle, apparel and furniture, to the extent of such damage. The master, owner, agent or consignee of the ship or vessel so receiving damage, may enforce the said lien in like manner and with the same effect as in case of other liens created by this act, but such proceedings must be commenced within ten days after the damage shall be done, otherwise such damage shall cease to be a lien upon such ship or vessel.

[Section 34 repeals prior laws.]

When act not to apply. § 35. This act shall not apply to debts contracted before this act shall take effect.

L. 1863, Chap, 422- An act to amend chapter four hundred and eightytwo of the laws of one thousand eight hundred and sixty-two, in relation to liens on vessels.

[Section 1 amends L. 1862, ch. 482, § 7.]

Lien on vessels navigating the lakes and St. Lawrence river. § 2. The second section of the said chapter shall not apply to vessels navigating the western and northwestern lakes, or either or any of them or the St. Lawrence river. Any debt contracted by the master, owner, charterer, builder or consignee of any ship or vessel navigating such lakes, or either of them, or navigating said river, or by the agent of such master, owner, charterer, builder or consignee, shall cease to

be a lien at the expiration of six months after the first day of January next succeeding the time such debt shall have been contracted, unless during the said six months such ship or vessel shall be absent from the port at which such debt was contracted, in which case the said lien shall continue until the expiration of ten days after such ship or vessel shall next return to said port. In all cases such debt shall cease to be a lien upon such ship or vessel, unless the person having such debt, shall, by the first Tuesday of February next succeeding the time such debt shall have been contracted, cause to be drawn up, verified and filed, specifications of such debt, in the form and comprising the statements prescribed by said chapter. [Thus amended by L. 1885, ch. 216.]

[Supplementary Title.]

TITLE 84.

Mechanics' and Laborers' Liens on real Property.

ART. 1.--The general mechanics' liens law of 1885.

ART. 2.-Mechanics' liens on public works in cities.

ART. 3-General and miscellaneous provisions relating to mechanics' and laborers' liens.

ARTICLE FIRST.

THE GENERAL MECHANICS' LIENS LAW OF 1885.

L. 1885, Chap. 342 – An act for the better security of mechanics, laborers and others who perform labor or furnish material for buildings and other improvements in the several cities and counties of this state, and to repeal certain acts and parts of acts.

Persons performing labor or furnishing materials to have a lien on premises, etc., upon filing notice, owner not liable beyond sums remaining unpaid. SECTION 1. Any person or persons, firm or firms, corporation or association, who shall hereafter perform any labor or services, or furnish any materials which have been used or which are to be used in erecting, altering or repairing any house, wharf, pier, bulkhead, bridge, vault, building or appurtenances to any house, building or building lot, including fences, sidewalks, paving, fountains, fish-ponds, fruit and ornamental trees, or who shall hereafter perform any labor or services, or furnish any materials which have been used or which are to be used in improving or equipping any house, building or appurtenances with any chandeliers, brackets or other fixtures or apparatus for supplying gas or electric light, with the consent of the owner, as hereinafter defined, or his agent or any contractor, or subcontractor, or any other person contracting with such owner to erect, alter, repair, improve or equip as aforesaid, within any of the cities or counties of this state, may, upon filing the notice of lien prescribed in the fourth section of this act, have a lien for the principal and interest of the price and value of such labor, and material upon such house, wharf, piers, bulkheads, bridges, vault, building or appurtenances, and upon the lot, premises, parcel or farm of land upon which the same may stand or be intended to stand, to the extent of the right, title and interest at that time existing of such owner, whether owner in fee or of a less estate, or whether a lessee, for a term of years, or vendee in possession under a contract existing at the time of the filing of said notice of lien, or of the owner of any right, title or interest in such estate, which may be sold under an execution under the general provisions of the statutes in force in this state relating to liens of judgment and enforcement thereof, and also to the extent of the interest which the owner may have assigned by a general assignment for the benefit of creditors, within thirty