USA > New York > New York City > New York City record and building trades directory > Part 46
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pipe.
Water-closets enclosed by wood-work will be provided with drip trays. Refrigerator Waste Pipes.
Line the spaces shown on plans and as prepared by carpenter, with
pound sheet lead and connect each by a inch
branch pipe with a special line of refrigerator waste-pipe. Said pipe to be inch pipe, so arranged as to discharge over a properly trapped and Croton-supplied sink, in set not more than three feet above the floor, and so placed as to be convenient for ordinary use, and with the end of the pipe covered by
In tenement houses the refrigerator waste-pipe will be extended two feet above the roof.
Provide over each outlet of the safe waste-pipes, and of each outlet from the refrigerator waste-pipes a strong metallic strainer. In no case will a refrigerator or safe waste-pipe be connected directly with the house drain or sewer, or with any pipe which connects with the house drain or sewer.
There will be line of refrigerator waste-pipe and lines of safe waste-pipes in each building.
VII .- TRAPS.
Trap every water-closet, urinal, sink, basin, bath and every wash-tub or set of tubs, and all other sewer-connected fixtures effectively in the manner shown on the plans ; the traps to be as near the fixtures as practicable. The traps will be so arranged that in no instance will the waste from a fixture pass through more than one trap before entering the house drain.
The inside diameters of traps will be as follows :
For Water-closets, inches.
Urinals,
Sinks,
66
Basins, 66
Baths, 66
Wash-tubs,
720
NEW YORK CITY RECORD AND BUILDING TRADES DIRECTORY.
All traps will be of the same weight and thickness as their correspond- ing branches. They will be well supported and set true with respect to their water levels.
Special precaution must be taken to secure perfect joints between water- closet traps placed above the floor and the branch soil and vent pipes for same. Cast-iron traps must have lead-calked joints.
Proper floor plates must be used with earthenware water-closet traps and the joints made permanently secure and gas-tight by means of bolts and red lead, or
The vent-pipe connections for earthenware traps will be made perma- nently gas-tight by
VIII .- WATER-CLOSET CISTERNS.
The will put up, over each water-closet a cis- tern x
I ; and the plumber will connect the same with the supply pipes by inch lead pipe, and with closet bowl by
inch lead pipe arranged for the proper flushing of the closet, and leave the whole in complete working order with the necessary chain and pull or
In no case will a water-closet within the building be flushed directly from the Croton supply pipes ; and the water from cisterns which supply water-closets directly will be used for no other purpose. Where water does not rise to water-closet cisterns they will be supplied from a house tank, or pumps will be provided to properly supply the same; said pumps to be so placed, arranged and connected as to enable tenants using the water-closets to conveniently secure at all times a proper flush for each of said water- closets.
Discharge the overflow pipe from each water-closet cistern into the bowl of the water-closet. In no case will it discharge into the soil or waste pipe or into the drain or sewer.
IX .- HOUSE-SUPPLY TANK.
Provide and set on a tank for drinking water, to hold
gallons, lined with , and constructed of
Make all necessary connections with supply and house pipes as specified under Water Supply.
Provide a inch overflow pipe and a inch emptying pipe, each to be discharged as follows :
Provide a tell-tale pipe and
The discharge or emptying and overflow pipes will not be connected in any way with any soil, waste, vent or drain pipe. .
.
·
721
NEW YORK CITY RECORD AND BUILDING TRADES DIRECTORY.
Pumps.
If the pressure of the Croton be found to be insufficient to supply any fixture or any water-closet tank, provide and set up a pump, to supply house tank or pumps for each and
make all necessary connections as specified in detail under Water Supply.
X .- NUMBER, LOCATION AND DESCRIPTION OF FIXTURES.
Supply and set up in complete working order the following fixtures of the pattern and kind hereinafter described ; the exit pipes to wash basins, bath tubs, wash tubs and sinks to be provided with strong metallic strainers :
Yard.
Cellar.
Basement.
1st Floor. 2d Floor. |3d Floor.
4th Floor. 5th Floor. 6th Floor.
Water Closets.
Urinals. .
Wash Basins.
Bath Tubs.
Wash Tubs.
Sinks.
Pumps
Refrigerators
XI .- WATER-SUPPLY PIPES.
The plumber will grade each line of supply pipe so that it can be com- pletely emptied at its lowest point.
Water pipes in exposed places will be packed by the with mineral wool, or other substance equally good, to prevent freezing, and will be properly boxed and cased to the satisfaction of the Board of Health.
The will excavate for and the will insert
inch tap in street main, if necessary.
The plumber will connect tap and house supply at point indicated on the plans by incli lead pipe, to weigh per foot,
to be laid feet below curb level.
Also place a stop-cock at to shut off the water when necessary.
Description of quality, diameter and weight of supply pipes to fixtures :
722
NEW YORK CITY RECORD AND BUILDING TRADES DIRECTORY.
MECHANICS' LIEN LAW
FOR THE
CITY AND STATE OF NEW YORK. 1885.
LAWS OF NEW YORK, 1885 .- CHAPTER 342 .- AS AMENDED MAY 21ST, 1887.
SECTION 1. Any person or persons, firm or firnis, corporation or association, who shall hereafter perform any labor or service, or furnish any materials which have been used or which are to be used in erecting, altering or repairing any house, wharf, pier, bulkhead, bridge, vault, building or appurtenances to any house, building or building lot, including fences, sidewalks, paving, fountains, fish ponds, fruit and ornamental trees, with the consent of the owner, as herein- after defined, or his agent or any contractor, or sub-contractor or any other per- son contracting with such owner to erect, alter or improve, as aforesaid, within any of the cities and counties of this State, may upon filing the notice of lien pre- scribed in the fourth section of this act, have a lien for the principal and interest of the price and value of such labor and material upon such house, wharf, piers, bulkheads, bridges, vault, building or appurtenances, and upon the lot, premises, parcel or farm of land upon which the same may stand or be intended to stand, to the extent of the right, title and interest at the time existing of such owner, whether owner in fee or of a less estate, or whether a lessee, for a term of years, or vendee in possession under a contract existing at the time of the filing of said notice of lien or of the owner of any right, title or interest in such estate, which inay be sold under an execution under the general provisions of the statutes in force in this State, relating to liens of judgment and enforcement thereof, and also to the extent of the interest which the owner may have assigned by a general assignment for the benefit of creditors, within thirty days prior to the time of filing the notice of lien specified in the fourth section of this act. But in no case shall such owner be liable to pay by reason of all the liens filed pursuant to this act, a greater sum than the price stipulated and agreed to be paid in such contract, and remaining unpaid at the time of filing such lien, or in case there is no con- tract, than the amount of the value of such labor and material then remaining un- paid except as hereinafter provided.
DETROIT HEATING & LIGHTING CO., 126 Liberty St., N. Y. Manufacturers of Heating and Lighting Apparatus.
723
NEW YORK CITY RECORD AND BUILDING TRADES DIRECTORY.
§ 2. If the owner or such person in interest as aforesaid, of any house, wharf, pier, bulkhead, bridge, vault, building or appurtenances, for or toward the con- struction, altering, repairing or improvement of which labor and service have been performed or materials have been furnished by contract, whether oral or written, shall for the purpose of avoiding the provisions of this act or in advance of the terms of any contract, pay by collusion any money or other valuable thing on such contract, or give a mortgage or make any other lien or incumbrance upon said house, wharf, vault, building or appurtenances, lot, premises, parcel or farm of land upon which the same may stand or be intended to stand, or said improve- ment shall be inade, and the amount still due or to become due to the contractor, sub-contractor or assignee after such payment has been made, shall be insufficient to satisfy the claims made in conformity with the provisions of this act, the owner or other person in interest as aforesaid, shall be liable to the amount that would have been unpaid to said contractor, sub-contractor or assignee, had said owner or other person in interest made no such payment or given no such mortgage, or effected no such lien or incumbrance, at the time of filing the notice of lien pre- scribed in the fourth section of this act, in the same manner as if no such conclu- sive payment, mortgage, lien or incumbrance had been made, given or effected.
§ 3. Any person or persons, firm or firins, corporation or association, perform- ing any labor or service, or furnishing any materials for any of the purposes specified in the first section of this act, to or for any person other than the owner, may at any time demand of such owner or of his authorized agent, the terms of the contract or agreement by which said house, wharf, pier, bulkhead, bridge, vault, building or appurtenances is being erected, altered, repaired or improve- ments made to any such house, building or building lot, and the amount due or unpaid the person or persons, firin, corporation or association, erecting, altering, repairing or improving the same ; and if such owner or his said agent at the time of said demand shall neglect or refuse to inform the person making such demand of the terins of the contract or agreement under which the same are being erected, altered, repaired or made, and the amount due and unpaid upon such contract or agreement therefor, or shall intentionally and knowingly falsely state the terms of said contract or agreement, or the amount due or unpaid thereon ; and if the person, persons, firm or firms, corporations or associations furnishing such materi- als or performing such labor or service shall sustain loss by reason of such refusal or neglect or false statement, the said owner shall be liable to them in an action therefor and the return unsatisfied of an execution against the party to whom suchi materials were furnished, or for whom such labor and service were performed, in an action for the collection of the value thereof, shall be presumptive proof of such loss, and the person or persons, firm or firms, corporation or association fur- nishing such materials or performing such labor and service or making such im- provement, shall by filing within the time and in the manner the notice of lien prescribed by this act, have a lien upon the house, wharf, vault, pier, bridge, bulkhead, building or appurtenances, and upon the lot, premises, parcel or farm of land upon which the same may stand or be intended to stand, or improvement is made, as in this act provided, for all materials furnished and labor and service . performed after such neglect, refusal or false statement.
DETROIT HEATING & LIGHTING CO., 126 Liberty St., N. Y. Manufacturers of Heating and Lighting Apparatus.
724
NEW YORK CITY RECORD AND BUILDING TRADES DIRECTORY.
$ 4. At any time during the performance of the work, or the furnishing of the materials, or within ninety days after the completion of the contract or the final performance of the work, or the final furnishing of the material for which a lien is elaimed, dating from the last item of work performed, or from the last item of material furnished, the person or persons, firm or firms, corporation or association furnishing such materials or performing such labor or service, may file a notice of lien in writing in the clerk's office in the county where the property is situated against which the lien is assessed, containing the names and residences of the claimants, the nature and amount of the labor and service performed, or the materials furnished or to be furnished, with the name of the owner, lessee, general assignee or person in possession of the premises against whose interests a lien is claimed; the name of the person or persons, firm or firms, corporation or associa- tion by whom he was employed, or to whom he furnished or is about to furnish snch materials, or whether all the work for which the claim is made has been actually performed or furnished, and if not, how much of it, and also a descrip- tion of the property to be charged with a lien sufficient for identification, and if in a city or village the situation of the building or buildings by street and num- ber, if the street and number be known. But the failure to state the name of the true owner, lessee, general assignee, or person in possession shall not impair the validity of the lien. The said notice of lien must be verified by the person or one of the persons, member of a firm or firms, an officer of the corporation or association making the claim or his, its or their agent, to the effect that the state- ments therein contained are true to the knowledge or information and belief of the person making the same. The county clerk of each county shall provide and keep a book in his office to be called the " lien doeket." which shall be suitably ruled in columns headed "elaimants," "against whom elaimed," "owners and parties in interest," " premises," " amount claimed"; in which he shall enter the particulars of such notice of lien together with the date, hour and minute of filing of the notice of lien, and what proceedings have been had, the names of the owners and persons in interest, and other persons against whom the elaims are made shall be entered in said book in alphabetical order. A fee of twenty cents
shall be paid to said clerk on filing such notice of lien. Every claimant shall with- in ten days after filing his notice of lien as herein provided, serve a copy of such notice upon the owner, or other person in interest by delivering the same to him personally or by leaving a copy thereof at his last known place of residence in the eity or town in which said lands or part thereof are situated, with some person of suitable age and discretion, or if sueh owner or person in interest has no such resi- dence, or such person cannot be found, by affixing a copy thereof conspicuously on said premises described in said notice of lien, between the hours of nine o'clock in the morning and four o'clock in the afternoon. And after such service such owner or the person in interest shall not be protected in any payment made to snch contractor or other claimant.
§ 5. The liens provided for in this aet shall be preferred as prior liens to any conveyance, judgment or other claim which was not docketed or recorded at the time of filing the notice of lien prescribed in the fourth section of this act, and prior to advances made npon any mortgage on the premises after the filing of such
DETROIT HEATING & LIGHTING CO., 126 Liberty St., N. Y. Manufacturers of Heating and Lighting Apparatus.
725
NEW YORK CITY RECORD AND BUILDING TRADES DIRECTORY.
notice of lien, and prior to the claim of any creditor who has not furnished ma- terials or performed labor upon any land, or towards the erection or improvement of premises, described in said notice of lien and which have been assigned by the owner, lessee or person in possession thereof, by a general assignment for the benefit of creditors within thirty days before the filing of the notice of lien pro- vided for in the fourth section of this act. But nothing in this act shall affect the priority of the amount actually owing on a mortgage given for purchase-money. In cases in which the owner has made an agreement to sell and convey the prem- ises to the contractor or other person, such owner shall be deemed to be the owner within the intent and meaning of this act, until the deed has been actually de- livered and recorded, conveying said premises pursuant to such agreement.
§ 6. No lien provided for in this act shall bind the property therein described, for a longer period than one year after the notice of lien has been filed, unless within that time an action is commenced to enforce the same; and if the action is in a court of record, a notice of the pendency of such action is filed with the county elerk of the county in which such notice of lien is filed, containing the names of the parties to the action, the object of the action, and the description of the premises affected thereby, and the time of filing the notice of lien. Or unless an order be made by a court of record continuing such lien and a new docket be made stating such fact. And when a claimant is made a party defendant to any action brought to enforce any other lien, such action shall be deemed an action to enforce the lien of such defendant, who is a claimant within the provisions of this act. The neglect to file the notice of pendency, provided for by this act, shall not abate any action which may be pending to enforce the lien, but such action may be prosecuted to judgment against the person or persons, firm or firms, cor- poration or associations liable for the debt.
$ 7 Any claimant who has filed the notice of lien mentioned in the fourth section of this act, may enforce his claim against the property therein mentioned, and against the person or persons, firm or firms, corporation or association, liable for the debt, by a civil action in a court of record in the city or county where the property is situated, which would have jurisdiction to render a judgment in an action founded upon a contract, for a suin equal to the amount of the lien.
§ 8. The manner and form of instituting and prosecuting any such action to judgment, or an appeal from such judgment shall be the same as in actions for the foreclosure of mortgages upon real property, except as herein otherwise pro- vided. A certified copy of the notice of lien filed, as herein provided, shall be entitled to be read in evidence, with the same force and effect as if the original were provided [produced], and such copy shall be prima facie evidence of the execution and filing of the original.
§ 9. An action to foreclose a lien, provided for in this act, may be brought in a court not of record, which would have jurisdiction to render a judgment in an action upon a contract for a sum equal to the amount of the lien, and shall be com- menced by the personal service anywhere within this State, of a summons and a
DETROIT HEATING & LIGHTING CO., 126 Liberty St., N. Y. Manufacturers of Heating and Lighting Apparatus.
726
NEW YORK CITY RECORD AND BUILDING TRADES DIRECTORY.
complaint verified according to the provisions of seetion five hundred and twenty- six of the Code of Civil Procedure, upon the owner or other person in interest as described heretofore in this act. The complaint must cet forth substantially all the facts contained in the notice of lien filed with the elerk of the county as pro- vided in section five of this act, and the substance of the contract. The form and contents of the summons shall be the same as prescribed by the Code of Civil Procedure for the commencement of an action in a court not of record. The summons must be returnable not less than twelve nor more than twenty days after the date when it is issued.
§ 10. When the summons in an action in a court not of record cannot be served personally on the owner or party in interest, by reason of absence from the State or concealment therein, sueli service may be made by leaving a copy of such summons at the last place of residence of such owner or person in interest, as aforesaid, and by publishing a copy of such summons for three weeks in succes- sion in a newspaper published in the eity or county where the property is situ- ated. If the service of the summons is made by publication, the time when said summons is returnable shall commence to run from the day of the last publication.
§ 11. At the time and place specified in the summons for the return thereof, issue must be joined if both parties appear, by the owner or other person in in- terest filing with the justice an answer in writing verified as herein provided for verifying the complaint, and which may contain a general denial of each allega- tion of the complaint or a specifie denial of one or more of the material allega- tions thereof ; it may also set forth any legal or equitable defense or counter-claim to such complaint. If the owner or other party in interest fails to appear on the return day of the summons on proof by affidavit of the service of the summons and complaint, if personal service thereof be made, or if by publication or [on] proof of the service of summons by advertisement, judgment may be entered for the amount claimed in the complaint with the eost ; execution may thereupon be issued for the collection of said judgment and costs, the same as upon judgments in action on contraet in such courts, except that the execution shall direct the officer to sell the right, title and interest of the owner or other person in interest as atoresaid in the premises, upon which the claim set forth in the complaint was a lien at the time of filing the notice of lien prescribed in the fourth section of this act.
§ 12. The issue joined as provided in the preceding seetion, must be tried the same as other issues are tried in the respective courts in which the action is brought, and the judgment thereon be enforced ; if for the claimant, as provided in the pre- ceding section ; if for the owner or other person in interest, it must be enforced the same as in actions arising on contracts in the respective courts.
§ 13. Appeals may be taken from such judgments rendered in courts not of record, in the same manner and according to the same provisions provided by statute for appeals from judgments in actions in such courts arising on contract for the recovery of money only.
DETROIT HEATING & LIGHTING CO., 126 Liberty St., N. Y. Manufacturers of Heating and Lighting Apparatus.
727
NEW YORK CITY RECORD AND BUILDING TRADES DIRECTORY.
$ 14. Cost and disbursements, except in courts not of record, in which they shall be the same as allowed in civil actions in such courts, shall rest in the disere- tion of the court, and may be awarded to or against the plaintiff or plaintiffs. de- fendant or defendants, or any or either of them as may be just and equitable ex- cept as provided in section nineteen of this act, and shall be included in the judgment recovered therein. The expenses incurred in serving the summons by publication may be allowed in courts not of record. and added to the amount of costs now allowed in said courts. When an action is brought in a court of record suchi direction shall be made in the discretion of the court as to the payment of costs as shall be just and equitable. and the judgment entered shall specify to whom and by whom the costs are to be paid.
§ 15. Whenever in any action brought under the provisions of this act, any claimant shall fail, for any reason, to establish a valid lien, he may nevertheless recover therein judgment against the party or parties to the action for such sum or sums as inay appear to be due to him, and which he might recover in an action upon a contract against the said party or parties.
$ 16. A transcript of every judgment rendered under and according to the pro- visions of this act headed " lien docket" shall be furnished by the clerk of the county where rendered and docketed to the successful party, who may file the same with the clerk of any other county, and if the judgment is for twenty-five dollars or upwards, exclusive of costs, the same shall thereafter be a lion on the real property in the county where the same is filed and docketed of every person against whom the same is rendered, in like mnanner and to the same extent as in other actions for the recovery of money arising on contracts. When the action is tried and the judgment rendered in a court not of record, the justice of the court in which the action is tried or other person authorized to furnish transcripts of judg- ments therein shall furnish the successful party a transcript thereof, who may file the same with the clerk of the county with whom the notice of lien is filed. The filing of such transcript shall have the same effect as the filing of transcripts of judgments rendered in such courts not of record. In all cases where the judgment is against the claimant or claimants the county clerk shall enter the word " dis- charged " under the last head in his lien docket.
$ 17. If any person or persons, firm or firms, corporation or association, filing a notice of lien, or the assignee of such person or persons, firin or firine, corpora- tion or association, after the filing thereof. shall be the plaintiff in such action. The plaintiff inust make the parties who have filed notices of liens against the property as well as those who have subsequent liens and claims by judgment, mortgage or conveyance, parties defendant. And as to all persons, firms, corpo- rations or associations against whoin no personal claim is made, the plaintiff inay with the suininons serve a notice stating briefly the object of the action, and that no personal claim is made against it or them. And all persons, firms, corpora- tions or associations, who have filed notice of liens under this act shall by answer in such notice set forth the same, and the court in which the action is brought may settle and determine the equities of all the parties thereto. and decide as to
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