CHAP. 486. AN ACT to secure the payment of mechanics, laborers and workmen who perform work, also persons furnishing materials towards the erection, altering or repairing buildings, wharves, vaults or any other structure in the cities of the State of New-York. PASSED May 28, 1880; three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: lien to SECTION 1. Any person or persons who shall hereafter, either as Notice of contractor, sub-contractor or in any capacity, under or in pursuance be filed. of, or in conformity with any contract, agreement or employment by the owner, lessee or person in possession of any land in any of the cities of the State of New-York, perform any work, labor or services, or furnish any materials towards the erection, altering or repairing of any house, vault, wharf, fence or any other structure, or in grading, filling in, excavating or laying walks on any lots of land in the cities of the State of New-York, shall, upon filing the notice prescribed in the second section of this act, have a lien for the price or value of such work, labor, services and materials upon such house, vault, wharf, fence, or other structure, and appurtenances, and the lot upon which said grading or excavating is done or walk laid to the extent of the right, title and interest of the said owner, lessee or person in possession of said house, vault, wharf, fence or other structure and appurtenances, and the land upon which the same stand, at the time of the filing of the notice of clain in the second section of this act specified, or the successors in interest of such owner, lessee or person so in possession taking with notice of said lien. tents 2. At any time before or within thirty days after the comple- Id; contion of the erection, altering or repairing, of any house, vault, wharf, thereof. fence or structure, or grading, filling in, excavating, or laying walks on any lot of land in the said cities of the State of New-York, the persons so performing such work, labor or services, or furnishing such materials, may file with the clerk of the county where the land or premises are situated, a notice in writing stating his or their resi *So in original. dences, the amount of the claim, from whom due, and if not due, when it will be due, the person or persons against whom the claim is made, the name of the owner, lessee, or person in possession of the building (against whose interest a lien is claimed), but the failure to state the name of the true owner, lessee or person in possession shall not impair the validity of the lien; also a brief description of the buildings or premises sufficient to identify the lands or premises against which the lien is claimed. The said notice of lien shall be verified by the person or persons making the claim, or his or their agent, or any other person, to the effect that the statements therein contained are true, to the best of his or their knowledge, information Successive and belief. Successive liens may be filed for work, labor, services and under one materials done and furnished, under one contract or employment, but the filing of any such lien or liens shall not entitle the person so filing the same to recover judgment for the amount of such lien or liens unless he shall be entitled to receive payment by the terms of the contract, or agreement, or employment, and in case of sub-contractors or persons doing work or furnishing materials to contractors, no judgment shall be rendered for any greater amount than the amount which shall be due from the owner to the contractor at the time of the filing of the lien, or which may become due afterwards, or which by the terms of the contract or agreement shall be due at the time of the rendering of such judgment. liens contract. Priority of lien. County clerk to docket lien; his fee. §3. Where an owner of lands contracts with a builder for the sale of lots and the erection of buildings thereon, and agrees to advance moneys towards the erection of such buildings, the lien hereinbefore authorized shall have priority to all advances made after the filing of said notices of lien. And the lien shall attach to the right, title and interest of the owner in said building and land to the extent of all advances which shall have become due after the filing of such lien, and shall also attach to and be a lien on the right, title and interest of the person so agreeing to purchase said land at the time of the filing of said notices of lien. 4. The county clerk shall enter in a lien docket the name and residence of the claimant, the person against whom claimed, the amount claimed, the date of filing, and a brief description of the premises affected. He shall be entitled to receive a fee of ten cents for each lien filed. of lien. § 5. Liens shall in all cases cease after one year from date of filing Duration unless an action shall be commenced, and a notice of lis pendens filed with the clerk of the county wherein the premises are situated, or an order made continuing the lien for another year; in the latter case the county clerk shall, upon filing such order, make a new docket of such lien. Successive orders and new dockets may be made in the discretion of the court. § 6. The lien may be discharged as follows: 1. By filing a certificate of the claimant or his successor in interest acknowledged or proved in the same manner as the satisfaction of a mortgage, stating that the lien is discharged. 2. By depositing with the county clerk, if before suit is commenced, a sum of money equal to the amount claimed; and if suit shall have been commenced, a sum equal to the amount claimed; and such sum in addition as shall be ordered by a judge of the court in which the action shall have been commenced, as security for the costs of the action; such deposit, after suit brought, to be made on notice or on an order to show cause directed to the plaintiff in the action or his attorney. 3. By the expiration of one year after the filing of said lien without any order being made continuing the same or notice of lis pendens filed as aforesaid. Lien, how discharged. enforced. § 7. The liens provided under this act shall be enforced by civil Lien, how action commenced in any court of record in said city, having equitable jurisdiction, by any person, claimant, the original or sub-contractor, or an assignee thereof, or contractor against any property affected thereby, at any time within one year from the filing of such lien. Such action shall be commenced, carried on and judgment entered and enforced as provided in an action to foreclose a mortgage in the Code of Civil Procedure, and the plaintiff shall make all other parties who have filed subsequent liens under this act, or have any prior record, claims or liens upon said premises and their appurtenances, defendants in such action. And the court shall determine the priority of the liens, the amounts due thereon, and the rights of the respective parties, and render judgment accordingly. The court Consolidating actions. Appeals. Public buildings excepted. Buffalo excepted. When act takes effect. Deer. Traps for deer. may also render personal judgment against or in favor of any party to the action. Costs for or against the parties litigant shall be in the discretion of the court. §8. When separate actions are brought to foreclose liens against the same property, the court may, on motion, consolidate them. § 9. Appeals in actions to enforce liens, provided for in this act, may be taken in the same manner and within the time, and shall be governed by the same rules and practice as prevail in actions for the foreclosure of mortgages. § 10. Buildings and property used for public purposes are especially excepted from the operation or effect of this act. § 11. This act shall not apply to the city of Buffalo. § 12. This act shall take effect immediately. Proceeding to enforce penalties for violation of game laws. AN ACT for the preservation of moose, wild deer, birds, PASSED June 20, 1879; three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. No person shall kill or chase any wild deer in any part of the State, save only during the months of August, September, October and November in any year. No person, corporation, association or company shall sell, expose for sale, transport, or have in his or her possession, in this State, after the same has been killed, any wild deer or fresh venison, save only during the months of August, September, October and November. No person shall, at any time, in this State, kill any fawn during the time when it is in its spotted coat, or have in his or her possession the carcass or skin of such fawn after the same shall have been killed. No person any shall, in any part of this State, set any trap, spring gun or other device, at any artificial salt lick or other place for the purpose of trapping and killing wild deer. It shall not be lawful to pursue deer with dogs in any county of this State, except from the fifteenth day of August to the first day of November. It shall not be lawful with dogs. and counties. to pursue deer with dogs in the county of St. Lawrence at any time. Chasing It shall be lawful for any person to shoot or kill any dog while in actual pursuit of any deer in violation of the provisions of this act. It shall not be lawful for any person to kill, or cause to be killed, Suffolk any wild deer in the counties of Suffolk and Queens, at any time t within five years from the passage of this act. Any person offend- Penalty. ing against any of the preceding provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of fifty dollars for each wild deer or fawn so killed, or pursued or trapped, and for every spring gun so set, or wild deer or fawn skin or fresh venison had in his or her possession, and may be proceeded against therefor in any county of the State in which the offender or prosecutor may reside. § 2. No person shall at any time or place within this State, take, Moose. chase with dogs, or kill any moose, nor shall any person sell or expose for sale or have in his or her possession, any moose after the same has been so taken or killed. Any person violating this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of fifty dollars for each offence. deer. § 3. No person shall kill wild deer by crusting, or enter any place Crusting where wild deer are yarded with the intent to kill or destroy the same at any time. Any person offending against any of the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of one hundred dollars for each wild deer so killed or destroyed. goose or § 4. No person shall kill, or expose for sale, or have in his or her wild duck possession, after the same has been killed, any wild duck, goose or brant. brant, in any of the waters of this State, between the first day of May and the first day of September, except that in the waters of Long Island none of said birds shall be killed between the first day of May and the first day of October. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for each and every wild duck, goose or brant killed, or had in his possession; and any person who shall, at any time, kill any of said birds between sunset and day-light, or pursue or fire at any of said birds with the aid of any light or lantern, shall be deemed |