ÆäÀÌÁö À̹ÌÁö
PDF
ePub

as he may be entitled to recover back, in case of a failure of consideration.

N. Y. C. C., Sec. 1695.

services.

SEC. 3051. Every person who, while lawfully in pos- Lien for session of an article of personal property, renders any service to the owner thereof by labor or skill employed for the protection, improvement, safe keeping or carriage thereof, has a special lien thereon, dependent on possession, for the compensation, if any, which is due to him from the owner for such service.

N. Y. C. C., Sec. 1696.

personal

SEC. 3052. A person who makes, alters or repairs any Liens on article of personal property, at the request of the owner property. or legal possessor of the property, has a lien on the same for his reasonable charges for work done and materials furnished, and may retain possession of the same until the charges are paid. If not paid within two months after the work is done, the person may proceed to sell the property at public auction, by giving ten days public notice of the sale by advertising in some newspaper published in the county in which the work was done; or, if there be no newspaper published in the county, then by posting up notices of the sale in three of the most public places in the town where the work was done, for ten days previous to the sale. The proceeds of the sale must be applied to the discharge of the lien and the cost of keeping and selling the property; the remainder, if any, must be paid over to the owner thereof.

Stats. 1868, 589, Sec. 15 (Act for securing liens of me-
chanics and others).

definition of.

SEC. 3053. An innkeeper is the keeper of a house of Innkeeper, public entertainment, and who provides accommodation for travellers and sojourners.

[New section.]

lien, what it

SEC. 3054. An innkeeper has a specific lien upon the Innkeeper's goods brought to the inn by his guest, for the price of the extends to, lodgings and supplies furnished to him, subject to rules prescribed in the next five sections.

generally.

Not meas

ured by pro

SEC. 3055 It is not measured by the supposed neces. sity or propriety of the supplies for the price of which it supplies.

priety of

[blocks in formation]

Boarding

arises, if the guest is possessed of his reason and is not an infant.

SEC. 3056. It arises only when the goods come to the hands of the innkeeper in that character from a person who is then his guest; and will not arise by reason that the person who brings the goods afterwards becomes a guest, irrespective of the contract under which the goods were received.

SEC. 3057. It extends to such only of the goods. brought by the guest as the innkeeper, in the performance of his duty to the public, is bound to receive, but it does not extend to the clothes on the person.

SEC. 3058. It extends to property brought by, but not belonging to the guest, though it be stolen, if the innkeeper at the time of the deposit had no notice of the unlawful possession, or of the title of the real owner.

SEC. 3059. as a guest to

moved, if the

them, and no

It extends to horses brought by the owner the inn, though they be occasionally reremoval be with an intention to return new contract is established.

SEC. 3060. A boarding-house keeper is an innkeeper, included as and his lien an innkeeper's lien, within the meaning of

house keeper

innkeeper.

Lien of factor.

the preceding sections.

[New section.]

NOTE. There is no small subject upon which a distinct declaration of the law will be more useful than that upon the rights of innkeepers. The necessity of acting promptly; the danger of illegally delaying or annoying the travelling community, and the danger of losing just dues, makes it necessary that every traveller and innkeeper should be familiar with the law governing the relation.

Secs. 3054 to 3059, inclusive, with but slight changes, have been taken from a specimen article on the subject, prepared by R. W. Fisher, author of the work on Mortgages, and submitted to the Lord Chancellor with a letter on the subject of the codification of the Common Law. See Secs. 1859 and 1860 of this Code.

SEC. 3061. A factor has a general lien, dependent on possession, for all that is due to him as such, upon all articles of commercial value that are intrusted to him by the same principal.

N. Y. C. C., Sec. 1697.

lien.

SEC. 3062. A banker has a general lien, dependent on Banker's possession, upon all property in his hands belonging to a customer, for the balance due to him from such customer in the course of the business.

N. Y. C. C., Sec. 1698.

ter's lien.

SEC. 3063. The master of a ship has a general lien, Shipmasindependent of possession, upon the ship and freightage, for advances necessarily made or liabilities necessarily incurred by him for the benefit of the ship, but has no lien for his wages.

N. Y. C. C., Sec. 1699.

SEC. 3064. The mate and seamen of a ship have a general lien, independent of possession, upon the ship and freightage, for their wages, which is superior to every

other lien.

N. Y. C. C., Sec. 1700.

Seamen's

lien.

SEC. 3065. An officer who levies an attachment or exe- Officer's lien. cution upon personal property acquires a special lien, dependent on possession, upon such property, which authorizes him to hold it until the process is discharged or satisfied, or a judicial sale of the property is had.

N. Y. C. C., Sec. 1701.

lien.

SEC. 3066. An attorney at law has a lien, which is Attorneys' defined and regulated by the CODE OF CIVIL PROCEDURE.

N. Y. C. C., Sec. 1702.

NOTE.-See Sec. 520 (N. Y. C. C.) of the Code, reported complete.

SEC. 3067. The lien of a judgment is regulated by the Judgment CODE OF CIVIL PROCEDURE.

lien.

N. Y. C. C., Sec. 1703.

lien.

SEC. 3068. The liens of mechanics, for materials and Mechanic's services upon real property, are regulated by the CODE OF

CIVIL PROCEDURE.

N. Y. C. C., Sec. 1704.

NOTE. Nearly the whole chapter on Mechanics' Liens, in Code of Civil Procedure, commencing with Sec. 1183, ought to be re-examined and transferred to this Code.

Lien on ships.

Enforce

ment of lien.

SEC. 3069. Debts amounting to at least fifty dollars, contracted for the benefit of ships, are liens in the cases provided by the CODE OF CIVIL Procedure.

N. Y. C. C., Sec. 1705.

NOTE. The reference is to the New York Code of Civil Procedure, as reported complete.

SEC. 3070. The mode of proceeding by a creditor to enforce a lien within this State is regulated by the CODE OF CIVIL PROCEDURE.

N. Y. C. C., Sec. 1706.

NOTE.-New York Code, as reported complete.

CHAPTER VII.

When con

signor may stop goods.

What is insolvency

STOPPAGE IN TRANSIT.

SECTION 3076. When consignor may stop goods.
3077. What is insolvency of consignee.

3078. Transit, when ended.

3079. Stoppage, how effected.

3080. Effect of stoppage.

whose

SEC. 3076. A seller or consignor of property, claim for its price or proceeds has not been extinguished, may, upon the insolvency of the buyer or consignee becoming known to him after parting with the property, stop it while on its transit to the buyer or consignee, and resume possession thereof.

N. Y. C. C., Sec. 1707.

SEC. 3077. A person is insolvent, within the meaning of consignee. of the last section, when he ceases to pay his debts in the manner usual with persons of his business, or when be declares his inability or unwillingness to do so.

Transit,

when ended.

N. Y. C. C., Sec. 1708.

SEC. 3078. The transit of property is at an end when it comes into the possession of the consignee, that of his agent, unless such agent is employed merely to forward the property to the consignee.

N. Y. C. C., Sec. 1709.

how effected.

SEC. 3079. Stoppage in transit can be effected only by Stoppage, notice to the carrier or depositary of the property, or by taking actual possession thereof.

N. Y. C. C., Sec. 1710.

stoppage.

SEC. 3080. Stoppage in transit does not, of itself, rescind Effect of a sale, but is a means of enforcing the lien of the seller. N. Y. C. C., Sec. 1711.

TITLE XV.

NEGOTIABLE INSTRUMENTS.

CHAPTER I. NEGOTIABLE INSTRUMENTS IN GENERAL.

II. BILLS OF EXCHANGE.

III. PROMISSORY NOTES.

IV. CHECKS.

V. BANK NOTES AND CERTIFICATES OF DEPOSIT.

NOTE. The word "negotiable" has been so long used in its application to commercial paper, that the Commissioners have not thought themselves at liberty to propose in the text a substitute for it. They would have preferred the word "circulating," as more precise and expressive, and if they had not felt bound by the present usage, they would have designated the instruments mentioned in this Title as "Circulating Instruments."

CHAPTER I.

NEGOTIABLE INSTRUMENTS IN GENERAL.

ARTICLE I. GENERAL DEFINITIONS.

II. INTERPRETATION.

III. INDORSEMENT.

IV. PRESENTMENT FOR PAYMENT.

V. DISHONOR.

VI. EXCUSE OF PRESENTMENT AND NOTICE.

VII. EXTINCTION.

ARTICLE I.

GENERAL DEFINITIONS.

SECTION 3086. To what instruments this Title is applicable.

3087. Negotiable instrument, what.

« ÀÌÀü°è¼Ó »