§ 83. Liability of float for penalty, detention and sale thereof.

197 words·~1 min read·/ny/canal/canal-navigation/83

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Every penalty and forfeiture prescribed by this chapter against the

owner, master or other person having charge of any float, when incurred,

shall be chargeable on such float, and an action for the recovery

thereof may be brought against any person in the possession or having

charge thereof at the time when it is commenced; and any court or

judicial officer issuing the process for the commencement of such an

action, may, by a clause to be inserted therein, direct the officer

executing the same, to detain such float or its appurtenances until

action is determined or until adequate security is given for the payment

of any judgment recoverable. If such security be given, or the defendant

in the action prevail, such court or officer shall order the boat or

other float and property detained to be released. If no such security be

given and a judgment be recovered for such penalty or forfeiture, and

not immediately paid, an execution shall be issued under which the

property so detained may be sold in like manner as if the judgment had

been obtained against the owner thereof.