TITLE III. OF THE ENFORCEMENT OF LIENS. CHAPTER I. Liens in general. II. Liens on buildings. III. Liens on vessels. IV. Liens on cargoes for wharfage. V. Liens on things doing damage upon real property. VI. General provisions. This title is proposed as a substitute for various provisions of the revised statutes and several special statutes. 1429. A lien is a right to have satisfaction of a claim out of a particular thing, or to retain possession of it until the claim is paid. § 1430. The liens, of which the enforcement is provided in this title, are of four kinds : 1. Liens on buildings: 2. Liens on vessels: 3. Liens on cargoes for wharfage. 4. Liens on things doing damage upon real property: CHAPTER II. LIENS ON BUILDINGS. SECTION 1431. Liens on buildings. 1432. Limit of aggregate of liens. 1433. Lien to be described and registered with county clerk. 1434. Registry, how made, and its effect. 1435. Manner of discharging lien. 1436. Summary proceeding to settle liens. 1438. Actions to enforce liens. § 1431. A person who, under the authority of the owner, performs labor, or supplies materials, towards the erection, alteration, or repair of a building, in a city or incorporated village of this state, may create a lien on the building and on the interest of the owner in the lot of land upon which it stands, for the price or value of such labor or materials, as provided in this chapter. See laws of 1830, chap. 330; 1832, chap. 120; 1844, chap. 220-305; 1845, chap. 205. The system is extended by this chapter to all the cities and incorporated villages of this state. It is at this time a prevailing and wise policy to make laws, as far as possible, general throughout the state. § 1432. The aggregate of such liens cannot exceed the amount, which the owner of the building would be otherwise liable to pay, for such erection, alteration or repair. § 1433. The lien must be registered with the clerk of the county where the building is situated, or in the city of New-York, with the register of that city and county, as follows: The claimant must deliver to the clerk a statement in writing, verified by affidavit, setting forth briefly the following particulars: 1. The situation of the building, designating it by the street on which it is situated, and the number of the lot, if the street be named, and the lot numbered, or otherwise by some certain or known designation: 2. The owner of the building, under whose authority the lien was created: 3. The particulars of the claim and the amount thereof, which amount, if the claim be made before the labor has been performed, or the materials supplied, and the amount payable therefor has become due, must be the amount payable by the terms of the contract with the claimant, or capable of being ascertained therefrom by computation, if afterwards, the amount actually due: and, 4. A copy of the contract with the claimant, if it be in writing, and if not in writing, a statement of its substance. § 1434. The clerk must thereupon register the lien, in a book to be kept by him for that purpose, called the "book of liens." The entries must be arranged alphabetically, under the name of the owner, and of the street, separately. It must contain the name of the claimant and of the person against whom the claim exists, the amount of the lien, the time when filed, and a brief description of the property. A copy of the statement must be served on the owner, by delivering it to him personally, or by leaving it at his residence with a person of suitable age and discretion, or by depositing it in the post office, directed to him at his place of residence. From the time of filing the statement, and serving the copy, the claimant shall have a lien on the land and building, for the amount then actually due to him for work and materials, or which afterwards becomes due, pursuant to the contract referred to in the statement; but such statement must be made and filed, before the expiration of thirty days after the completion of the work or the supply of the materials. § 1435. 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: or 2. By the deposit with the clerk, of a sum of money equal to the amount claimed, which money shall thereupon be held subject to the lien: or 3. By an entry of the clerk, made in the book of liens, after one year has elapsed since the filing of the claim, stating that no notice has been given to him of legal steps to enforce the lien: or 4. By a notice from the owner to the claimant, after the amount has become payable, requiring him to commence an action, for the enforcement of his lien, and the lapse of thirty days thereafter, without the commencement of such action: or 5. By satisfaction of the lien, upon an action for the enforcement thereof. § 1436. After the registry of a lien, and the performance of the work, or the supply of the materials, the claimant or the owner may either serve personally upon the other, a notice in writing, requiring him to appear before a justice of the peace of the county, at a specified time, not less than five days from the time of service, and submit to an accounting for the amount due for such labor or materials. At the time mentioned in the notice, or at such other time as the accounting may be adjourned to, the parties appearing must each deliver to the justice, an account in writing of his claim or offset, if any, verified by affidavit, and submit to examination thereupon, under the direction of the justice. If both parties appear, and there arise a question of fact, a jury may be demanded by either, and such question inust be tried by a jury in the same manner, as an issue joined in an ordinary action in a justice's court. In like manner, a contractor, that is a person who contracts with the owner for labor and materials, and who employs persons under him to do work, or furnish materials, may serve on such persons, and receive from them a similar notice with the like effect; and a payment made by the owner, to a person employed by a contractor must be allowed by such contractor, in his account with the owner, to the extent of any judgment which may be recovered by such person against such contractor, pursuant to this section. |