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

N. Y. C. C, Seo. 1695.

Sec. 3051. Every person who, while lawfully in pos- ^'TMcf^r 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 hira from the owner for such service.

N. Y. C. 0., Sec. 1696.

Sec. 3052. A. person who makes, alters or repairs anv Liens on

• i i t> i "personal

article of personal property, at the request ot 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 no-
tice of the sale by advertising in some newspaper pub-
lished 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 dischargo of the lion and the cost
of keeping and selling the property; the remainder, if
any, must be paid over to the owner thereof.

Stats. 1863, 589, Sec. 15 (Act for securing liens of me-
chanics and others).

Sec. 3053. An innkeeper is the keeper of a houso of innkeeper.

, . , , . definitional.

public entertainment, and who provides accommodation for travellers and sojourners.

[New section.]

Seo. 3054. An innkeeper has a specific lien upon the innkooperx goods brought to the inn by his guest, for the price of the extendi to, lodgings and supplies furnished to him, subject to rules generallv prescribed in the next five sections.

Sec. 3055 It is not measured by the supposed t!8C©8_ urodbvprusity Op propriety of the supplies for the price of which it Jiljfpne".

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

uoods must Sec. 3056. It arises only when the goods come to the

be delivered *

and received hands of the innkeeper in that character from a person

in character , r , ,

of guest and who is then his guest; and will- not arise by reason that

innkeeper. . ,

the person who brings the goods afterwards becomes a guest, irrespective of the contract under which the goods were received.

Extends Sec. 3057. It extends to such only of the goods

only to goods p

which inn. brought by the guest as the innkeeper, in the performboundto ance of his duty to the public, is bound to receive, hot it

receive. 1

does not extend to the clothes on the person. Extends to Seo. 3058. It extends to property brought by, but not

•tolen prop- r r" ° J

«rty. 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.

Extends to Sec. 3059. It extends to horses brought by the owner

horses. *

as a guest to the inn, though they be occasionally removed, if the removal bo with an intention to return them, and no new contract is established.

Boarding- Sec. 3060. A boarding-house keeper is an innkeeper,

housekeeper o jr

inciudedas and his lien an innkeeper's lien, within the meaning of

innkeeper. x

the preceding sections.

[New section.] Note.—There is no small subject npon which a distinct declaration of the law will bo more useful than that upon the right* of innkeeper*. 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.

Sees. 3054 to 3069, 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 Mortgaged and submitted to the Lord Chancellor with a letter on the subject of the codification of the Common Law. See Sees. 1859 and I860 of this Code.

Lien of Sec 3061. A factor has a general lien, dependent on

possession, for all that is due to him as such, upon all articfes of commercial value that are intrusted to him by the same principal.

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

Sec. 3062. A banker has a general lien, dependent on Bankers 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.

Sec. 3063. The master of a ship has a general lien, Shipma*. independent 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 bis wages.

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

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

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

Sec. 3065. An officer who levies an attachment or exe- oiflcer'»iien. 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. 0, See 1701.

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. Tho lien of a judgment is regulated by the Judgment Code Op Civil Procedure.' 1,en'

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

Sec. 3068. The liens of mechanics, for materials and services upon real properly, are regulated by the Code Of Civil Procedure.

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

Notb.—Nearly the wholo chapter on Mechanics' Liens, in Code of Civil Procedure, commencing with Sec 1183, ought to be re-exumtned aud transferred to this Code.

[ocr errors]

Lien on Sec. 3069. Debts amounting to at least fifty dollars.

Blllpa. _ s, ... .

contracted for the benefit of ships, are hens in the cases provided by the Code Of Civil Procedure.

N. T. C. C, See 1705.

Notjs.—Tho referenoe is to the New York Code of Civil Procedure, as reported complete.

Enforce. Sec. 3070. The mode of proceeding by a creditor to

mcntofHen. . • n

enforce a hen within this State is regulated by the Code Of Civil Procedure.

N. Y. C. C, Soo. 1708.

Note.—New York Code, as reported complete.

CHAPTER VII.

STOPPAGE TN TRANSIT.

Section 3076. When oonsignor may stop goods.

3077. What is insolvency of consignee.

3078. Transit, when ended.

3079. Stoppage, how effected.

3080. Effect of stoppage.

Sec. 3076. A seller or consignor of property, whose claim for its price or proceeds hits 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

insolvency 1 °

or consignee, of the last section, when ho ceases to pay his debts in the manner usual with persons of his business, or when he declares his inability or unwillingness to do so. N. Y. C. C.,-Sec. 1708.

When consignor may Slop goods.

Transit, Sec 3078. The transit of property is at nn end when

when ended. • zwi • • *~

it comes into the possession of the consignee, or into that of his agent, unless such agent is employed merely to forward the property to tho consignee.

N. Y. C. C, Seo. 1709.

Sec. 3079. Stoppage in transit can be effected only by stoppago,

, , n i u howeftectt

notice to the carrier or depositary of the property, or by taking actual possession thereof.

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

Sec 3080. Stoppage in transit does not, of itself, rescind Effector a sale, but is a means of enforcing the lien of the seller.

N. Y. C. 0, 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 tho Commissioners have not thought themselves at liberty to propose in the text a substitute for it. They would havo 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.

Suction 3086. To what instruments this Title is applicable. 3087. Negotiable instrument, what.

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