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reservations in a contract for the conditional sale of goods and chattels, accompanied by immediate delivery and continued possession of the thing contracted to be sold, to the effect that the ownership of such goods and chattels is to remain in the conditional vendor or in a person other than the conditional vendee, until they are paid for, or until the occurrence of a future event or contingency shall be void as against subsequent purchasers, pledgees or mortgagees in good faith, and as to them the sale shall be deemed absolute, unless such contract of sale, containing such conditions and reservations, or a true copy thereof be filed as directed in this article.

§ 113. Where contract to be filed.-Such contracts shall be filed in the city or town where the conditional vendee resides, if he resides within the state at the time of the execution thereof; and if not, in the city or town where such property is at such time. Such contract shall be filed, in the city of New York, as follows, to wit: in the borough of Brooklyn in said city such instrument shall be filed in the office of the county* of Kings; in the borough of Queens in said city, in the office of the clerk of Queens county; in the borough of Richmond in said city, in the office of the clerk of the county of Richmond; and in the borough of Manhattan and the borough of the Bronx in said city, in the office of the register of the city and county of New York; in every other city or town of the state, in the office of the city or town clerk unless there is a county clerk's office in such city or town, when it shall be filed in such office. [As amended by L. 1900, ch. 248.]

§ 114. Endorsement, entry, refiling and discharge of conditional contracts. The provisions of the preceding article relating to chattel mortgages apply to the endorsement, entry, refiling and discharge of contracts for the conditional sale of goods and chattels. The officers with whom such contracts are filed shall enter the future contingency or event required to occur before the ownership of such goods and chattels shall pass from the vendor to the vendee, and the amount due upon such contract and the time when due. The name of the conditional vendor shall be entered in the column of " mortgagees" and the name of the conditional vendee in the column of "mortgagors." The officers performing services under this article are entitled to receive the same fees as for like services relating to chattel mortgages.

§ 115. Preceding sections not to apply to certain articles.-The preceding sections of this article do not apply to the conditional sale of household goods, law books, law blanks and law office supplies, pianos, organs, safes, scales, butchers' and meat market tools and fixtures, wood cutting machinery, engines, dynamos, boilers, portable furnaces, boilers for heating purposes, threshing machines, horse-powers, mowing machines, reapers, harvesters, grain drills and attachments, dairy sizes of centrifugal cream separators, coaches, hearses, carriages, buggies, phaetons and other vehicles, bicycles, tricycles and other devices for locomotion by human power, if the contract for the sale thereof is executed in duplicate, and one duplicate delivered to the purchaser. [As amended by L. 1898, ch. 354.] § 116. Sale of property retaken by vendor.-Whenever articles are sold upon the condition that the title thereto shall remain in the vendor, or in some other person than the vendee, until the payment of the purchase

*So in original.

price, or until the occurrence of a future event or contingency, and the same are retaken by the vendor, or his successor in interest, they shall be retained for a period of thirty days from the time of such retaking, and during such period the vendee or his successor in interest, may comply with the terms of such contract, and thereupon receive such property. After the expiration of such period, if such terms are not complied with, the vendor, or his successor in interest, may cause such articles to be sold at public auction. Unless such articles are so sold within thirty days after the expiration of such period, the vendee or his successor in interest may recover of the vendor the amount paid on such articles by such vendee or his successor in interest under the contract for the conditional sale thereof. [As amended by L. 1900, ch. 762.]

§ 117. Notice of sale.-Not less than fifteen days before such sale, a printed or written notice shall be served personally upon the vendee, or his successor in interest, if he is within the county where the sale is to be held; and if not within such county, or he can not be found therein, such notice must be mailed to him at his last known place of residence.

Such notice shall state:

1. The terms of the contract.

2. The amount unpaid thereon.

3. The amount of expenses of storage.

4. The time and place of the sale, unless such amounts are sooner paid. § 118. Disposition of proceeds. Of the proceeds of such sale, the vendor or his successor in interest may retain the amount due upon his contract, and the expenses of storage and of sale; the balance thereof shall be held by the vendor or his successor in interest, subject to the demand of the vendee or his successor in interest, and a notice that such balance is so held shall be served personally or by mail upon the vendee or his successor in interest. If such balance is not called for within thirty days from the time of sale, it shall be deposited with the treasurer or chamberlain of the city or village, or the supervisor of the town where such sale is held, and there shall be filed therewith a copy of the notice served upon the vendee or his successor in interest and a verified statement of the amount unpaid upon the contract, expenses of storage and of sale and the amount of such balance. The officer with whom such balance was deposited shall credit the vendee or his successor in interest with the amount thereof and pay the same to him on demand after sufficient proof of identity. If such balance remains in possession of such officer for a period of five years, unclaimed by the person legally entitled thereto, it shall be transferred to the funds of the town, village or city, and be applied and used as other moneys belonging to such town, village or city.

ARTICLE X.

Laws Repealed; When to Take Effect.

Section 120. Laws repealed.

121. When to take effect.

Section 120. Laws repealed.-The laws or parts thereof specified in the schedule hereto annexed, and all laws amendatory thereof, are hereby repealed.

§ 121. When to take effect.-This chapter shall take effect September first, eighteen hundred and ninety-seven.

SCHEDULE OF LAWS REPEALED.

Sections.

1,2.

Laws of1830, ch. 179.... 1833, ch. 279.... All..

1849, ch. 69.... All...

1858, ch. 247.... All.....

1860, ch. 446.... All........

1862, ch. 482.... 1, 2, 3, 27, 33. 1863, ch. 422.

2.

1864, ch. 412.... All...

1868, ch. 779.... All..

1870, ch. 529....

All..

1872, ch. 498. ... All......

All..

Subject of act.

Liens of factors and agents.
Chattel mortgages to be filed.
Registration of chattel mort-
gages.

Registration of liens and en-
cumbrances upon canal
boat.

Protection of boarding-house keepers.

Liens on vessels.

Duration of lien on vessel navigating St. Lawrence river and Western and Northwestern lakes. Registration of mortgages on canal boats.

Chattel mortgages executed by railroad corporations. Liens on railroad bridges and trestle work.

Liens of livery-stable keepers and agisters.

Liens on wharves, piers,

bulkheads, etc.

Amends L. 1833, ch. 279, § 3.

Liens for labor on railroads.
Amends L. 1860, ch. 446.

1, 2, 3, 4, 5, 13, 14, 15..... Liens for public improve

1872, ch. 669....

All.....

1873, ch. 501....

All....

[blocks in formation]

1876, ch. 319....

1878, ch. 315....

1879, ch. 171....

All..

[blocks in formation]
[blocks in formation]
[blocks in formation]

Subject of act.

Contracts for conditional sale of personal property to be filed.

Amends L. 1863, ch. 422, § 2. Amends L. 1862, ch. 482, § 2 Mechanics' liens generally. Amends L. 1884, ch. 315, § 2 Liens of warehousemen. Amends L. 1862, ch. 482, § 2. Validity of notices filed prior to June 27, 1885.

Owners of stallions, protection and liabilities of.

Amends L. 1885, ch. 342, § 1. Amends L. 1887, ch. 458, § 3. Liens on monuments, gravestones, etc.

Chattel mortgages executed by telegraph, electric light and telephone companies. Amends L. 1878, ch. 315. Amends L. 1872, ch. 498. Amends L. 1864, ch. 412, § 3. Amends L. 1878, ch. 315. Amends L. 1885, ch. 342, § 24. Amends L. 1864, ch. 412, § 3. Hotel keepers may detain property of boarders.

Amends L. 1884, ch. 315, § 7. Amends L. 1864, ch. 412, §§ 3, 4.

Amends L. 1885, ch. 342, § 6. Amends L. 1833, ch. 279, § 3. Amends L. 1884, ch. 315, § 7. Amends L. 1868, ch. 779. Amends L. 1885, ch. 342, §§ 1, 2, 3.

Liens of lodging house keep

ers.

Amends L. 1884, ch. 315, § 7. Amends L. 1833, ch. 279, § 3. Amends L. 1884, ch. 315, § 7. Amends L. 1878, ch. 315, § 13. Liens on stone, etc.

Amends L. 1885, ch. 342, § 5.

PUBLIC WORK.*

Registration of Laborers for Municipal Employment.

LAWS OF 1899, CHAP. 370, BEING THE CIVIL SERVICE LAW, AND CONSTITUTING CHAP. III OF THE GENERAL LAWS.

17. The labor class in cities.-The labor class in cities shall include unskilled laborers and such skilled laborers as are not included in the competitive class or the non-competitive class. Vacancies in the labor class in cities shall be filled by appointment from lists of applicants registered by the municipal commissions. Preference in employment from such lists shall be given according to date of application. There shall be separate lists of applicants for different kinds of labor or employment, and the commissions may establish separate labor lists for various institutions and departments. Where the labor service of any department or institution extends to separate localities, the commissions may provide separate registration lists for each district or locality. The commissions shall require an applicant for registration for the labor service to furnish such evidence or pass such examination as they may deem proper with respect to his age, residence, physical condition, ability to labor, skill, capacity and experience in the trade or employment for which he applies.

Preferences Allowed Veterans in Public Employment.

THE CIVIL SERVICE LAW.

§ 20. Preferences allowed honorably discharged soldiers, sailors and marines. In every public department and upon all public works of the state of New York and of the cities, counties, towns and villages thereof, honorably discharged soldiers, sailors and marines from the army and navy of the United States in the late civil war who are citizens and residents of this state, shall be entitled to preference in appointment and promotion without regard to their standing on any list from which such appointment or promotion may be made to all competitive and non-competitive positions provided their qualifications and fitness shall have been ascertained as provided in this act and the rules and regulations in pursuance thereof; and the persons thus preferred shall not be disqualified from holding any position in the civil service on account of his age or by reason of any physical disability provided such age or disability does not render him incompetent to perform the duties of the position applied for. Whenever any list of eligible persons, prepared under authority of this act, shall contain the names of honorably discharged soldiers, sailors and marines entitled to preference as aforesaid any reference in this act or in the rules and regulations in pursuance thereof to the persons standing highest on such list shall be deemed to indicate those standing highest of those entitled to preference by the provisions of this section *See also sections 3, 4, 13, 14 of the Labor Law.

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