THE ADJUDICATIONS OF ALL THE COURTS OF THE STATE, PRESENTED IN THE REPORTS BY ABBOTT, ANTHON, BARBOUR, BOSWORTH, BRADFORD, CAINES, CLARKE, COLEMAN, HOPKINS, HOWARD, JOHNSON, KERNAN, PAIGE, PARKER, SANDFORD, AND IN THE CHANCERY SENTINEL, THE CITY HALL RECORDER, THE CODE Reports and RepoRTER, HILL & DENIO'S TOGETHER WITH THE STATUTES, As embodied in the Revised Laws of 1813, the Revised Statutes, and the general Acts passed since 1829. PRECEDED BY A TABLE OF CASES CRITICISED. THIRD EDITION: REVISED AND CORRECTED. VOL. IV. NEW YORK: JOHN S. VOORHIES, LAW BOOKSELLER AND PUBLISHER. 1864. Entered according to Act of Congress, in the year one thousand eight hundred and sixty, By BENJAMIN VAUGHAN ABBOTT and AUSTIN ABBOTT, In the Clerk's Office of the District Court for the Southern District of New York. Entered according to Act of Congress, in the year one thousand eight hundred and sixty-three, In the Clerk's Office of the District Court for the Southern District of New York. Entered according to Act of Congress, in the year one thousand eight hundred and sixty-four, In the Clerk's Office of the District Court for the Southern District of New York. BENNIE, SHEA & LINDSAY, STEREOTYPERS AND ELECTROTYPERS, 81, 83, and 85 Centre-street, NEW YORK. APR 14 1942 Clubly's Academy BAKER & GODWIN, PRINTERS, NEW YORK. DIGEST OF NEW YORK STATUTES AND REPORTS. FROM THE EARLIEST PERIOD TO THE YEAR 1860. [Statutes are distinguished by the use of a smaller type.] MECHANICS' LIEN. [This title embraces only the statutory lien given in favor of persons furnishing labor or materials in the erection of buildings. For the common-law liens of mechanics and others, see LIEN and titles there referred to.] I. THE LIEN. II. THE FOREclosure. I. THE LIEN. 1. The statutes. There have been a number of statutes on the subject of mechanics' liens, applicable in different counties of the State. They correspond in general features, though they differ in details. For these statutes, see* the session laws; or 3 Rev. Stat., 5 ed., 804-828. Law of 1844. Freeman v. Arment, 5 N. Y. 6. The powers conferred by the Mechanics' Lien Law of 1851, relative to New York city (Laws of 1851, 953, ch. 513), are of such a nature as to call for a strict construction of the act. N. Y. Com. Pl., Sp. T., 1857, Roberts v. Fowler, 3 E. D. Smith, 632; S. C., 4 Abbotts' Pr., 263. 7. Who may acquire a lien. The right to acquire a lien, given by the Lien Law for the city of New York (Laws of 1851, 953, ch. 513), is limited to the following classes of persons or contractors: 1. Any contractor who has 2. Act of 1830, provides for creating and contracted directly with the owner for the foreclosing a lien, in favor of persons performing furnishing of labor or materials used in the work towards the construction of any building in erecting or altering of a building, and who has the city of New York. Laws of 1830, 412, ch. 330; repealed, Laws of 1851, 956, ch. 513, § 13. furnished the same in conformity with the 3. The above act extended to apply to materials terms of his contract. furnished, and also to apply to verbal contracts as under an agreement made by him with such 2. Any person who, well as written ones. Laws of 1832, 181, ch. 120. 4. Act of 1844, provides for a lien in favor original contractor, has performed labor or of contractors or sub-contractors performing labor furnished material's used in such erection or or furnishing materials towards constructing any alteration, provided such labor or materials building or appurtenances in the city of New York. Laws of 1844, 339, ch. 220; repealed, were in conformity with the terms of such Laws of 1851, 956, ch. 513, § 13. original contract with the owner. N. Y. Com. Pl., Sp. T., 1858, Heroy v. Hendricks, 4 E. D. Smith, 768. 5. Construction of the Mechanics' Lien *See, especially, the Westchester Act, Laws of 1854, 1086, ch. 402; and Laws of 1858, 824, ch. 204, extending the Westchester Act to all the counties of the State, except New York and Erie. The act so frequently referred to in the above title as "the act of 1851," is the act relative to the city of New York, Laws of 1851, 953, ch. 513. Wherever the act of 1851, relative to Westchester, Ulster, and Putnam counties (Laws of 1851, 319, ch. 169), is cited, the particular reference is given. 8. One employed by a sub-contractor to furnish materials, is not entitled to the benefit of the act. [17 Wend., 550; 22 Id., 395; 1 E. D. Smith, 716; 2 Id., 555; Nott's Lien L., 85.] Ib. 9. The acts of 1830 and 1832 (Laws of 1830, 412, ch. 330; 1832, 181, ch. 120) apply to persons employed by, or who furnish materials to the person contracted with the owner, |