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4. By the contractor depositing with the financial officer of the municipal corporation, or the officer or person with whom the notice of lien is filed, such a sum of money as is directed by a justice of the supreme court, which shall not be less than the amount claimed by the lienor, with interest thereon for the term of one year from the time of making such deposit, and such additional amount as the justice deems sufficient to cover all costs and expenses. The amount so deposited shall remain with such financial officer or other officer or person until the lien is discharged as prescribed in subdivisions one, two or three of this section.

5. Either before or after the beginning of an action by a contractor executing an undertaking with two or more sufficient sureties, who shall be freeholders, to the state or the municipal corporation with which the notice of lien is filed, in such sums as the court or a judge or justice thereof may direct, not less than the amount claimed in the notice of lien, conditioned for the payment of any judgment which may be recovered in an action to enforce the lien. The sureties must together justify in at least double the sum named in the undertaking. A copy of the undertaking with notice that the sureties will justify before the court or a judge or justice thereof at the time and place therein mentioned must be served upon the lienot, not less than five days before such time. Upon the approval of the undertaking by the court, judge or justice, an order shall be made. discharging such lien. The execution of such undertaking by any fidelity or surety company authorized by the laws of this state to transact business shall be equivalent to the execution of such an undertaking by two sureties and such undertaking,* if excepted to, shall justify through its officers or attorney in the manner required by law of fidelity and surety companies. Any such undertaking may be executed in such undertaking* as surety by the hand of its officers or attorney duly authorized thereto by resolution of its board of directors, a certified copy of which resolution under the seal of such company, shall be filed with each undertaking. Except as otherwise provided herein the provisions of article five of title six of chapter eight of the code of civil procedure are applicable to an undertaking given for the discharge of a lien on account of public improvements. (As amended by chap. 169 of 1898, § 1.)

* So in the original.

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21. Building loan contract.-A contract for a building loan' either with or without the sale of land and any modification thereof, must be in writing and duly acknowledged, and within ten days after its execution be filed in the office of the clerk of the county in which any part of the land is situated and the same shall not be filed in the register's office of any county. If not so filed, the interest of each party to such contract in the real property affected thereby, is subject to the lien and claim of a person who shall thereafter file a notice of lien under this chapter. A modification of such contract shall not affect or impair the right or interest of a person, who, previous to the filing of such modification had furnished or contracted to furnish materials, or had performed or contracted to perform labor for the improvement of the real property, but such right or interest shall be determined by the original contract. The county clerk is entitled to a fee of twenty cents for filing such a contract or modification. Such contracts and modifications thereof shall be indexed in a book provided for that purpose, in the alphabetical order of the names of the persons to whom such loans shall be made. (As amended by chap. 78 of 1900.)

22. Construction of article.-This article is to be construed liberally to secure the beneficial interests and purposes thereof. A substantial compliance with its several provisions shall be sufficient for the validity of a lien and to give jurisdiction to the courts to enforce the same.

§ 23. Endoreement of mechanics' liens.-The mechanics' liens specified in this article may be enforced against the property specified in the notice of lien and which is subject thereto and against any person liable for the debt upon which the lien is founded. The code of civil procedure regulates and provides for such enforcement. 3398-3419

24. Priorities of liens for public improvements.-Persons having liens under contracts for public improvements standing in equal degrees as co-laborers or material men shall have priority according to the date of filing their respective liens; but in all cases laborers for daily or weekly wages shall have preference over all other lienors having liens arising under the same contracts pursuant to this article, without reference to the time. when such laborers shall have filed their notice of lien. (Added by chap. 169 of 1898, § 2.)

Liens on Vessels.

S$ 30-31


LIENS ON Vessels.

SECTION 30. Liens on vessels.

31. Lien on vessels causing damage.
32. Notice of lien, when to be filed.

33. Duration of lien.

34. Assignment of lien.

35. Enforcement of lien.

§ 30. Liens on vessels.-A debt which is not a lien by the maritime law, and which amounts to fifty dollars or upwards, on a sea-going or ocean-bound vessel, or fifteen dollars or upwards on any other vessel shall be a lien upon such vessel, her tackle, apparel and furniture, and shall be preferred to all other liens thereon, except mariners' wages, if such debt is contracted by the master, owner, charterer, builder or consignee of such ship or vessel, or by the agent of either of them, within this state, for either of the following purposes:

1. For work done or material or other articles furnished in this state for or towards the building, repairing, fitting, furnishing or equipping of such vessel.

2. For such provisions and stores, furnished within this state, as are fit and proper for the use of such vessel, at the time when they were furnished.

3. For wharfing and the expense of keeping such vessel in port, and for the expense of employing persons to watch her. 4. For loading or unloading such vessel, or for the advances made to procure necessaries therefor, or for the insurance thereof.

5. For towing or piloting such vessel, or for the insurance or premium of insurance of or on such vessel or her freight; but no lien exists for a debt contracted for any purpose specified in this subdivision, unless it amounts to the sum of twenty-five dollars or more.

31. Lien on vessel causing damage. When a vessel shall have sustained damage by any other vessel through the negligence or willful misconduct of the person navigating such vessel, to the extent of fifty dollars, the owner of the damaged vessel shall have a lien, unless a lien is given therefor by maritime law, upon the vessel causing the damage, her tackle, apparel and furniture, to the extent of such damage, which shall be deemed a debt for the purposes of this article, and the master, owner,

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agent or consignee of the damaged vessel may enforce such lien in like manner and with like effect as in case of other liens created by this article; but a notice of the lien must be filed in the office of the clerk of the county in which such damage is sustained, and proceedings to enforce the lien must be commenced within ten days after the damage has been done, or such damage shall cease to be a lien upon such vessel. But if such damage is sustained in either of the counties of New York, Kings or Queens such notice shall be filed in the office of the clerk of the city and county of New York, and if the vessel causing such damage is built, used or fitted for the navigation of any of the canals or lakes of the state, a certified copy of such notice shall be filed in the office of the comptroller as provided in the next section.

A19040.7468 32. Notice of lien, when to be filed.-Every debt specified

in section thirty shall cease to be a lien upon such vessel, unless
herein after
the lienor shall, within thirty days after it is contracted, file a
notice of lien, containing the name of the vessel, the name of
the owner, if known, the particulars of the debt and a statement
of the amount claimed to be due from such vessel, and verified
by the lienor, his legal representative, agent or assignee, to be
true and correct. If the debt is based upon a written contract,
a copy of such contract shall be attached to such notice. The
notice shall be filed in the office of the clerk of the county in
which the debt was contracted. But if the debt was contracted
in either of the counties of New York, Kings or Queens, such
notice shall be filed in the office of the clerk of the city and
county of New York. If the vessel is built, used or fitted for
the navigation of any of the canals or lakes of the state, the
lienor shall immediately after filing the notice in the county
clerk's office, file a copy thereof in the office of the comptroller
of the state, duly certified by the county clerk in whose office

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the original notice is filed,(^ortion added)

833. Duration of lien.-Every lien for a debt shall cease if the vessel navigates the western or northwestern lakes, or either of them, or the Saint Lawrence river, at the expiration of six months after the first of January next succeeding the time when the debt was contracted, and in case of any other vessel, at the expiration of twelve months after the debt was contracted. If, upon the expiration of the time herein limited in either of such cases, such vessel shall be absent from the port at which the

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debt was contracted, the lien shall continue until the expiration of thirty days after the return of such vessel to such port. If proceedings are instituted for the enforcement of the lien within the time herein limited, such lien shall continue until the termination of such proceedings.

§ 34. Assignment of lien.-A lien, a notice of which has been filed pursuant to the provisions of this article, may be assigned by a written instrument duly acknowledged and filed in the same. place where the notice of the lien was filed. The assignment shall specify the debt upon which the lien is founded, the date of the filing of the notice thereof and the assignee. Such assignment and the name of the assignee shall be entered by the clerk opposite the original entry of such lien, and after the filing of such assignment, but not otherwise, the assignee may enforce the lien in like manner as the assignor could have done.

35. Enforcement of liens.-If a lien, created by virtue of this article, is founded upon a maritime contract, it can be enforced only by proceedings in the courts of the United States, and in any other case, in the courts of this state, in the manner provided by the code of civil procedure.




SECTIONS 40. Liens on monuments, gravestones and cemetery structures. 41. Notice of lien.

42. Proceedings to enforce liens.

43. Disposition of proceeds of sale.

44. Duties of officers of cemetery associations.

§ 40. Liens on monuments, gravestones and cemetery structures. A person furnishing or placing in a cemetery or burial ground, a monument, gravestone, inclosure or other structure, has a lien thereon for the agreed price thereof or the part remaining unpaid, with interest from the time the amount was due, upon filing with the superintendent or person in charge of such cemetery or burial ground, a notice of lien as provided in this article.

§ 41. Notice of lien.-Such notice may be filed at any time after the completion of the work, but must be filed within one year after the agreed price for furnishing or placing such monument, gravestone, inclosure or other structure becomes due, and

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