ARTICLE 7. (Article 7 amended by L. 1916, ch. 301, in effect April 25, 1916.) LIENS FOR SERVICE OF STALLIONS OR BULLS. SECTION 160. Lien on mare and foal, or on cow and calf. 162. Copy of statement and certificate to be posted. § 160. Lien on mare and foal, or on cow and calf. On complying with the provisions of this article, the owner of a stallion or bull shall have a lien on each mare or cow served together with the foal or calf of such mare or cow from such service, for the amount agreed on at the time of service, or if no agreement was made, for the amount specified in the statement hereinafter required to be filed, if within fifteen months after such service he files a notice of such lien in the same manner and place as chattel mortgages are required by law to be filed. Such notice of lien shall be in writing, specifying the person against whom the claim is made, the amount of the same and a description of the property upon which the lien is claimed, and such lien shall terminate at the end of eighteen months from the date of such filing, unless within that time an action is commenced for the enforce ment thereof, as provided in sections two hundred and six to two hundred and ten, both inclusive, of this chapter, for the foreclosure of a lien on chattels. (Amended by L. 1916, ch. 301, in effect April 25, 1916.) Derivation: Lien Law, § 60, as amended by L. 1902, ch. 351, § 1, and L. 1904, ch. 261, § 1. § 161. Statement and certificate. A person having the custody or control of a stallion or bull and charging a fee for his services, shall, before advertising or offering such services to the public, file with the clerk of the county in which he resides or in which such stallion or bull is kept for ser vice, a written statement giving the name, age, description and pedigree, if known, and if not, stating that the same is unknown, of such stallion or bull and the terms and conditions on which he will serve. On filing such statement, the county clerk shall record the same in a book provided for that purpose and issue a certificate to such person, that such statement has been so filed and recorded. He shall be entitled to receive ten cents per folio for recording such statement and for such certificate. (Amended by L. 1916, ch. 301, in effect April 25, 1916.) Derivation: Lien Law, § 61. § 162. Copy of statement and certificate to be posted. The person having the custody and control of such stallion or bull, shall post a written or printed copy of such statement and certificate in a conspicuous place in each locality in which said stallion or bull is kept for service. (Amended by L. 1916, ch. 301, in effect April 25, 1916.) A person who neglects or refuses to file and post such statement as required in this article, or falsely states the pedigree of such stallion or bull in such statement, forfeits all fees for the services of such stallion or bull and is liable to a person deceived or defrauded thereby for the damages sustained. (Amended by L 1916, ch. 301, in effect April 25, 1916.) Derivation: Lien Law, § 63. ARTICLE 8. OTHER LIENS ON PERSONAL PROPERTY. SECTION 180. Artisans' lien on personal property. 181. Liens of hotel, apartment hotel, inn, boarding and lodging house keepers. 182. Factor's lien on merchandise. 183. Lien of bailee of animals. 184. Lien of bailee of motor vehicles. 185. Lien of manufacturers and throwsters of silk goods. 186. Lien of bailees for hire. 187. Liens of truckmen and draymen. § 180. Artisans' lien on personal property. A person who makes, alters, repairs or in any way enhances the value of an article of personal property, at the request or with the consent of the owner, has a lien on such article, while lawfully in possession thereof, for his reasonable charges for the work done and materials furnished, and may retain possession thereof until such charges are paid. Derivation: Lien Law, § 70. § 181. Liens of hotel, apartment hotel, inn, boarding and lodging house keepers. A keeper of a hotel, apartment hotel, inn, boarding house or lodging house, except an emigrant lodging house, has a lien upon, while in possession, and may detain the baggage and other property brought upon his premises by a guest, boarder or lodger, for the proper charges due from him, on account of his accommodation, board and lodging, and such extras as are furnished at his request. If the keeper of such hotel, apartment hotel, inn, boarding or lodging house knew that the property brought upon his premises was not, when brought, legally in possession of such guest, boarder or lodger, or had notice that such property was not then the property of such guest, boarder or lodger, a lien thereon does not exist. An apartment hotel within the meaning of this section includes a hotel wherein apartments are rented for fixed periods of time, either furnished or unfurnished, to the occupants of which the keeper of such hotel supplies food, if required. A guest of an apartment hotel, within the meaning of this section, includes each and every person who is a member of the family of the tenant of an apartment therein, and for whose support such tenant is legally liable. Derivation: Lien Law, § 71, as amended by L. 1899, ch. 380, § 1, and L. 1905, ch. 206, § 1. § 182. Factor's lien on merchandise. A person, in whose name any merchandise shall be shipped, is deemed the true owner thereof so far as to entitle the consignee of such merchandise to a lien thereon: 1. For any money advanced or negotiable security given by such consignee, to or for the use of the person in whose name such shipment is made; and 2. For any money or negotiable security received by the person in whose name such shipment is made, to or for the use of such consignee. Such lien does not exist where the consignee has notice, by the bill of lading or otherwise, when or before money is advanced or security is given by him, or when or before such money or security is received by the person in whose name the shipment is made, that such person is not the actual and bona fide owner thereof. Derivation: Lien Law, 8 72. § 183. Lien of bailee of animals. A person keeping a livery stable, or boarding stable for animals, or pasturing or boarding one or more animals, or who in connection therewith keeps or stores any wagon, truck, cart, carriage, vehicle or harness, has a lien dependent upon the possession upon each animal kept, pastured or boarded by him, and upon any wagon, truck, cart, carriage, vehicle or harness, of any kind or description, stored or kept provided an express or implied agreement is made with the owners thereof, whether such owner be a mortgagor remaining in possession or otherwise, for the sum due him for the care, keeping, boarding or pasturing of the animal, or for the keeping or storing of any wagon, truck, cart, carriage, vehicle and harness, under the agreement, and may detain the animal or wagon, truck, cart, carriage, vehicle and harness accordingly, until such sum is paid. Derivation: Lien Law, § 74, as amended by L. 1899, ch. 465, § 1, and L. 1906, ch. 687, § 2. § 184. Lien of bailee of motor vehicles. A person keeping a garage or place for the storage, maintenance, keeping or repair of motor vehicles, as defined by article eleven of the highway law, and who in connection therewith stores, maiu tains, keeps or repairs any motor vehicle or furnishes gasoline or other supplies therefor at the request or with the consent of the owner, whether such owner be a conditional vendee or a mortgagor remaining in possession of otherwise, has a lien upon such motor vehicle for the sum due for such storing, maintaining, keeping or repairing of such motor vehicle or for furnishinging gasoline or other supplies therefor and may detain such motor vehicle at any time it may be lawfully in his possession until such sum is paid. Derivation: Lien Law, § 75, added by L. 1908, ch. 315, § 1. § 185. Lien of manufacturers and throwsters of silk goods. All persons or corporations engaged in the business of manufacturing, spinning or throwing silk into yarn or other goods, shall be entitled to a lien upon the goods and property of others in their possession for the amount of any account that may be due them, from the owners of such silk, by reason of any work and labor performed, and materials furnished in or about the manufacturing, spinning or throwing of the same, or other goods of such owner or owners. Such lien shall not be waived or impaired by the taking of any note or notes for the moneys so due, or for the work and labor performed and materials furnished. Derivation: Lien Law, § 75a, added by L. 1908, ch. 395, § 1. § 186. Lien of bailees for hire. Every person, firm or corporation engaged in performing work upon any watch, clock or jewelry for a price shall have a lien upon any such watch, clock or jewelry upon which such person, firm or corporation performs such work for the amount of any account that may be due for such work. Such lien shall also include the value or agreed price, if any, of all materials furnished by such bailees for hire in connection with such work, whether added to such article or articles or otherwise. If such account remain unpaid for one year, after completing such work, such bailees for hire may, upon thirty days' notice in writing to the owner specifying the amount due and informing him that the payment of such amount within thirty days will entitle him to redeem such property, sell any such article or articles at public or bona fide private sale to satisfy the account. The proceeds of the sale, after paying the expenses thereof, shall be applied in liquidation of the indebtedness secured by such lien and the balance, if any, shall be paid over to the owner. Such notice may be served by mail, directed to the owner's' last known address, or, if the owner or his address be unknown, it may be posted in two public places in the town, village or city where the property is located. Such notice shall be written or printed. Nothing herein contained shall preclude the remedy of enforcing such lien by action, as provided in article nine of this chapter. (Added by L. 1914, ch. 241, in effect April 8, 1914.) § 187. Liens of truckmen and draymen. 1. Every person, firm or corporation engaged in carting or trucking property shall have a lien upon such property and may retain such portion of the property in his possession as will insure to the said truckman or drayman, at the sale of such property in the manner hereinafter provided, a fair and reasonable compensation for the material and labor furnished, including any moneys advanced by such bailee for hire in connection with such work. Such truckman or drayman shall have such lien and may retain such property only as provided in paragraph two of this section. 2. If such amount remains unpaid for thirty days after demand. such bailee for hire may upon fifteen days' notice in writing to the owner, specifying the amount due and informing him that the payment of such amount within fifteen days will entitle him to redeem such property, and if such property is not redeemed, such bailee may sell such property at public sale to satisfy the account, including any expense for storage, insurance, or otherwise incurred for the protection or preservation of such property. The proceeds of the sale after paying the expenses thereof shall be applied in liquidation of the indebtedness secured by such lien, and the balance, if any, shall be paid over to the owner. Such notice shall be served by registered mail directed to the owner's last known postoffice address and by posting in three public places in the town, village or city where the property is located. Nothing herein contained shall preclude the remedy of enforcing such a lien by action as provided in article nine of this chapter. (Added by L. 1918, ch. 366, in effect April 30, 1918.) |