L. 1916, ch. 301. Lien for service of stallion or bull. §§ 160-163, 230. § 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 enforcement 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 Apr. 25, 1916.) $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 service, 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 Apr. 25, 1916.) § 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 Apr. 25, 1916.) § 163. Penalty.-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 Apr. 25, 1916.) 180. Artisan's lien on personal property. Lein on automobile.-Milgrim v. Coon (1915), 93 Misc. 78, 156 N. Y. Supp. 544. § 230. Chattel mortgages to be filed.-Every mortgage or conveyance intended to operate as a mortgage of goods and chattels or of any canal §§ 230, 235. Chattel mortgage to be filed. L. 1916, ch. 348. boat, steam-tug, scow or other craft, or the appurtenances thereto, navigating the canals of the state, which is not accompanied by an immediate delivery, and followed by an actual and continued change of possession of the things mortgaged, is absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless the mortgage, or a true copy thereof, is filed as directed in this article. This article shall not apply to agreements creating liens upon merchandise or the proceeds thereof for the purpose of securing the repayment of loans or advances made or to be made upon the security of said merchandise and the payment of commissions or other charges provided for by such agreement, where the conditions specified in section fortyfive of the personal property law are complied with, nor shall this article apply to the mortgage or pledge of or lien upon stocks or bonds mortgaged or pledged to secure payment of a loan, which stocks or bonds, by the terms. of a written instrument creating such mortgage, pledge or lien and setting forth the conditions of such loan, are to be delivered to the lender on the day such loan is made, and every such mortgage, pledge or lien, of such securities, shall be valid as against creditors of such mortgagor or pledgor, provided, however, that if such securities are not delivered to the pledgee or mortgagee on the day such loan is made, the mortgage, lien or pledge therein intended to be created shall be absolutely void and of no effect as against the creditors of such mortgagor, pledgor or lienor unless such instrument, or a true copy thereof, is filed as directed in this article, on the day following the making of such loan, and provided also that every such mortgage, pledge or lien shall be absolutely void as against purchasers, pledgees or mortgagees in good faith of such stocks or bonds provided such stocks or bonds are delivered to such purchaser, pledgee or mortgagee at the time of such purchase, pledge or mortgage. (Amended by L. 1911, ch. 326, and L. 1916, ch. 348, in effect Apr. 27, 1916.) When bill of sale filed pursuant to Lien Law operates as chattel mortgage.A bill of sale absolute on its face, but intended to operate as a mortgage of the goods and chattels therein mentioned and described, when filed pursuant to the provisions of article 10 of the Lien Law, is notice to a subsequent purchaser in good faith, although there is nothing in the instrument itself expressing such intention and there is not filed therewith any other or further paper showing that the sale was intended to operate as a mortgage of goods and chattels. Sheldon v. McFee (1916), 216 N. Y. 618, affg. 160 App. Div. 361, 145 N. Y. Supp. 624. § 235. Chattel mortgage invalid after one year, unless statement is filed. Failure to renew mortgage.-Protter v. Lovell (1915), 91 Misc. 417, 155 N. Y. Supp. 275. §§ 3, 6. Special deputy commissioners. L. 1916, ch. 122. LIQUOR TAX LAW. (L. 1909, ch. 39.) ' $ 3. State commissioner of excise; duties; necessary party to certain litigation. The duties of the State Commissioner of Excise are purely ministerial, and on a proceeding for the cancellation of a liquor tax certificate he has no authority or jurisdiction to pass upon the equitable or contract rights in reference to a certificate not affecting the legal title. The mere issuance of a liquor tax certificate which is subsequently rendered void under the statute does not estop the Commissioner from proceeding to revoke the same. Matter of Green (1916), 171 App. Div. 583, 157 N. Y. Supp. 736. $ 6. Special deputy commissioners in certain localities; special agents to act in certain cases.-The state commissioner of excise shall appoint special deputy commissioners of excise as follows: one for the boroughs of Manhattan and the Bronx; one for the borough of Brooklyn; one for the borough of Queens; one for the borough of Richmond; one for the county of Westchester; one for the county of Erie; one for the county of Monroe; one for the county of Albany; one for the county of Oneida; one for the county of Onondaga; one for the county of Rensselaer; one for the county of Schenectady; one for the county of Niagara; one for the county of Orange; one for the county of Broome; and one for the county of Nassau. Each of such special deputy commissioners and their successors in office shall take and subscribe the constitutional oath of office, and execute and file in the office of the state comptroller a bond to the people of the state in such sum and with such sureties as shall be approved by the state commissioner. They shall perform such duties as may be required by the commissioner, or as may be provided by law. The state commissioner may remove any special deputy commissioner of excise, and shall in like manner appoint his successor, and may appoint in the offices of each of such deputies and their successors such clerical force as he may deem necessary or as may be provided for by law. The special deputy commissioners shall each receive an annual salary, payable in equal monthly instalments, as follows: For the boroughs of Manhattan and the Bronx, five thousand dollars; for the borough of Brooklyn, three thousand seven hundred and fifty dollars; for the borough of Queens, two thousand five hundred dollars; for the borough of Richmond, two thousand dollars; for the county of Westchester, two thousand five hundred dollars; for the county of Erie, three thousand dollars; for the county of Monroe, two thousand five hundred dollars; for the county of Albany, two thousand dollars; for the county of Oneida, one thousand five hundred dollars; for the county of Onondaga, two thousand dollars; for the county of Rensselaer, one thou $ 8. Excise taxes; rates. L. 1916, ch. 416. sand five hundred dollars; for the county of Schenectady, one thousand five hundred dollars; for the county of Niagara, one thousand five hundred dollars; for the county of Orange, two thousand dollars; for the county of Nassau, two thousand dollars; and for the county of Broome, one thousand five hundred dollars. Upon each of such special deputy commissioners, and upon any special agent designated by the state commissioner of excise to perform the duties of a special deputy commissioner or a county treasurer, as is hereinafter provided, are devolved all the powers, duties and obligations in the respective county or borough for which he shall be appointed as are possessed by and vested in county treasurers of other counties of this state under and by virtue of the provisions of this chapter. The salaries and expenses of each of such special deputy commissioners of excise, and such office rent and clerical help, office furniture, fixtures and equipment as are authorized and audited by the state commissioner of excise and for which appropriations are made, shall be paid as follows: one-half thereof by the treasurer of the state of New York, upon the warrant of the comptroller; and one-half thereof by the treasurer of the county or the fiscal officer of the city in which such borough is included, upon the certificate of the state commissioner of excise. In case the office of any special deputy commissioner of excise or county treasurer shall become vacant, or if any special deputy commissioner or county treasurer shall become incapacitated or unable to perform his duties under this chapter, or shall neglect or refuse to perform any duty devolving on him thereunder, the state commissioner shall designate a special agent to act in the place and stead of such special deputy commissioner or county treasurer during such vacancy, disability or neglect, provided that such designation shall not be made where the power to appoint a deputy county treasurer exists, and where the county treasurer does not fail or neglect to appoint such deputy. The appointment of the special deputy commissioners hereinbefore provided for the counties of Westchester, Albany, Rensselaer, Schenectady, Oneida and Onondaga, shall not take effect until the expiration of the term of the county treasurer in office in each of said counties on the thirteenth day of May, nineteen hundred and seven. (Amended by L. 1913, ch. 782, and L. 1916, ch. 122, in effect Apr. 3, 1916.) § 8. Excise taxes upon the business of trafficking in liquors.-Subds. 1 and 2 amended by L. 1916, ch. 416, in effect Oct. 1, 1916, as follows: 1. Upon the business of trafficking in liquors to be drunk upon the premises where sold, or which are so drunk, whether in a hotel, restaurant, saloon, store, shop, booth or other place, or in any outbuildings, yard or garden appertaining thereto or connected therewith, there is assessed an excise tax to be paid by every person engaged in such traffic, and for each such place where such traffic is carried on by such person if the same be in a city or borough having by the last state census a population of fifteen hundred thousand or more, the sum of fifteen hundred dollars; if in a L. 1916, ch. 416. Excise taxes; rates. § 8. city or borough having by said census a population of less than fifteen hundred thousand, but more than five hundred thousand, the sum of twelve hundred and eighteen and one-half dollars; if in a city or borough. having by said census a population of less than five hundred thousand, but more than fifty thousand, the sum of nine hundred and thirty-seven and one-half dollars; if in a city or village having by said census a population of less than fifty thousand, but more than ten thousand, the sum of six hundred and fifty-six dollars; if in a city or village having by said census a population of less than ten thousand, but more than five thousand, the sum of five hundred and sixty-two and one-half dollars; if in a village having by said census a population of less than five thousand, but more than twelve hundred, the sum of three hundred and seventy-five dollars; if in any other place, the sum of one hundred and eighty-seven and one-half dollars. The holder of a liquor tax certificate under this subdivision is entitled also to traffic in liquors as though he held a liquor tax certificate under subdivision two of this section, subject to the provisions of section thirteen of this chapter. (Subd. amended by L. 1916, ch. 416, in effect Oct. 1, 1916.) L. 1916, ch. 416, § 7. This act shall take effect October first, nineteen hundred and sixteen, except that applications made before October first, nineteen hundred and sixteen, for liquor tax certificates to be issued as of October first, nineteen hundred and sixteen, and the amount and filing of the bonds therefor, shall be subject to the liquor tax law as amended by this act. 2. Upon the business of trafficking in liquors in quantities less than five wine gallons, no part of which shall be drunk on the premises where sold, or in any outbuilding, yard, booth or garden appertaining thereto or connected therewith, there is assessed an excise tax to be paid by every person engaged in such traffic, and for each such place where such traffic is carried on by such person, if the same be in a city or borough having by the last state census a population of fifteen hundred thousand or more, the sum of nine hundred and thirty-seven and one-half dollars; if in a city or borough having by the said census a population of less than fifteen hundred thousand, but more than five hundred thousand, the sum of seven hundred and fifty dollars; if in a city or borough having by said census a population of less than five hundred thousand, but more than fifty thousand, the sum of five hundred and sixty-two and one-half dollars; if in a city or village having by said census a population of less than fifty thousand, but more than ten thousand, the sum of three hundred and seventyfive dollars; if in a city or village having by said census a population of less than ten thousand, but more than five thousand, the sum of one hundred and eighty-seven and one-half dollars; if in a village having by population of less than five thousand, but more than twelve hundred, the sum of one hundred and forty and one-half dollars; if in any other place the sum of ninety-three and one-half dollars. The holder said census # *So in original. |