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

New York § 83

• Jurisdiction: New York
• Law CAL: Canal
• Art. 8: Canal Navigation

Text

§ 83. Liability of float for penalty, detention and sale thereof.\nEvery penalty and forfeiture prescribed by this chapter against the\nowner, master or other person having charge of any float, when incurred,\nshall be chargeable on such float, and an action for the recovery\nthereof may be brought against any person in the possession or having\ncharge thereof at the time when it is commenced; and any court or\njudicial officer issuing the process for the commencement of such an\naction, may, by a clause to be inserted therein, direct the officer\nexecuting the same, to detain such float or its appurtenances until\naction is determined or until adequate security is given for the payment\nof any judgment recoverable. If such security be given, or the defendant\nin the action prevail, such court or officer shall order the boat or\nother float and property detained to be released. If no such security be\ngiven and a judgment be recovered for such penalty or forfeiture, and\nnot immediately paid, an execution shall be issued under which the\nproperty so detained may be sold in like manner as if the judgment had\nbeen obtained against the owner thereof.\n