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ARTICLE 5.

LIENS ON MONUMENTS, GRAVESTONES AND CEMETERY STRUC

TURES.

SECTION 120. Liens on monuments, gravestones and cemetery structures. 121. Notice of lien.

122. Proceedings to enforce lien.

123. Disposition of proceeds of sale.

124. Duties of officers of cemetery associations.

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§ 120. 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.

Derivation: Lien Law, § 40.

§ 121. 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 shall state that the lienor has a lien on such monument, gravestone, inclosure or structure for the purchase price thereof, or some unpaid part of such purchase price, with interest, specifying the amount agreed to be paid, and the amount unpaid, with a description of such monument, gravestone, inclosure or other structure, and the location of the plot upon which it stands, and the names of the persons with whom the agreement for the purchase and erection of the structure, or for the performance of such labor was made. The notice shall be signed and verified by the lienor. The lienor shall, within ten days after the filing of such notice, serve a copy personally, or by mail, upon the person with whom the agreement for the purchase and erection of such monument, gravestone, or other structure, or for the performance of labor thereon was made, and upon the owner of

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the lot upon which such monument, gravestone or other structure is erected, if the name and residence of such owner can, with reasonable diligence be ascertained.

Derivation: Lien Law, § 41.

§ 122. Proceedings to enforce lien.

After the service of such notice, an action to recover the amount of the debt and to enforce a lien therefor may be maintained by the lienor against the person with whom the agreement was made, for the purchase and erection of such monument, gravestone, inclosure or other structure or for the performance of labor thereon. If such lienor succeeds in establishing his lien, the judgment recovered may authorize him to remove such monument, gravestone, inclosure or other structure from the burial ground or cemetery and to sell the same at public auction to satisfy the amount of such judgment. Notice of the sale shall be published at least ten days before the time thereof, in a newspaper published in the town or city where such sale is to take place, and if no newspaper is published therein, in a newspaper nearest thereto. Such notice shall state the time and place of the sale, and shall describe the property to be sold. A copy of such notice shall be served personally or by mail at least ten days before such sale upon the persons served with the notice of lien as prescribed in the preceding section.

Derivation: Lien Law, § 42.

§ 123. Disposition of proceeds of sale.

The lienor shall, out of the proceeds of the sale, pay the expenses thereof, and the expenses of the removal of such monument, gravestone, inclosure or other structure from the cemetery or burial ground, not exceeding fifty dollars, if a monument, and ten dollars, if a gravestone, inclosure or other structure, and retain out of such proceeds, the amount due upon the judgment recovered in the action to enforce the lien, and the residue, if any, shall be forthwith paid to the judgment debtor.

Derivation: Lien Law, § 43.

§ 124. Duties of officers of cemetery associations.

The superintendent or other person in charge of a cemetery or burial ground shall not permit the removal, alteration or inscription of a monument, gravestone, inclosure or other structure, against which a lien exists, after the notice of such lien has been filed and served as prescribed in this article, except pursuant to the terms of a judgment recovered in an action brought to enforce

such lien. No officer of a cemetery association, or other person connected with a cemetery or burial ground, shall hinder or obstruct the removal in a proper manner of any such monument, gravestone, inclosure or other structure pursuant to the terms of such judgment.

Derivation: Lien Law, § 44.

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ARTICLE 6.

LIENS FOR LABOR ON STONE.

SECTION 140. Lien for labor performed in quarrying, mining, dressing and cutting stone.

141. Duration and effect of lien.
142. Discharge of lien.

§ 140. Lien for labor performed in quarrying, mining, dressing and cutting stone.

A person employed in a quarry, mine, yard or dock at excavating, quarrying, mining, dressing or cutting sandstone, granite, cement stone, limestone, bluestone or marble, may have a lien on such sandstone, cement stone, granite, limestone, bluestone or marble, for the amount due for the labor expended thereon, upon filing a notice of lien in the office where a chattel mortgage upon such sandstone, cement stone, granite, limestone, bluestone or marble is required to be filed, as provided in this chapter. Such notice must be filed within thirty days after the completion of such labor and must state the amount due therefor, the name and residence of the lienor, and the name of the person for whom the labor was performed, the quantity and description of the sandstone, cement stone, granite, bluestone, limestone or marble against which the claim is made. Such notice of lien shall be indorsed, filed and entered by the proper officer, in the same manner as chattel mortgages, and the same fees shall be charged therefor. A copy of the notice so filed shall be served upon the owner of such sandstone, cement stone, granite, limestone, bluestone or marble or upon the person in charge of the quarry, mine, yards or docks wherein such services were performed within five days after the filing thereof. Derivation: Lien Law, § 50, as amended by L. 1899, ch. 322, § 1. § 141. Duration and effect of lien.

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Such lien shall terminate unless an action is brought to enforce the same within three months after the date of filing such notice, as provided in article nine for the enforcement of a lien upon a chattel. If the labor upon such sandstone, cement stone, granite, bluestone, limestone or marble is performed for a contractor under

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a contract with the owner of such quarry, mine, yard or dock, the owner shall not be liable to pay by reason of all the liens filed against such quarry, mine, yard or dock, a greater sum than the amount unpaid upon such contract at the time of filing such notices, or in case there is no contract, than the aggregate amount unpaid of the value of labor and services performed pursuant to the preceding section. The lien created by this article shall not attach to any material which shall have become a part of any building or structure, or ceased to be the property of the person for whom such labor was performed.

Derivation: Lien Law, § 51 as amended by L. 1899, ch. 322, § 1.

§ 142. Discharge of lien.

Such lien may be discharged by a payment of the amount due thereon, by a failure to bring an action to enforce the same within the time prescribed in the preceding section, by the written consent of the lienor, duly acknowledged and filed with the proper officer to the effect that such lien may be discharged, and by the owner of such sandstone, cement stone, granite, bluestone, limestone or marble filing with such officer an undertaking in an amount equal to twice the sum specified in the notice of lien, executed by one or more sureties who shall justify in such amount and ap proved by the officer with whom the notice of lien is filed, conditioned for the payment of the sum due such lienor, by reason of such lien, and the cost and expenses of enforcing the same.

Derivation: Lien Law, § 52, as amended by L. 1899, ch. 322, § 1.

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