§ 59. Vacating of a mechanic's lien; cancellation of bond; return of\ndeposit, by order of court. A mechanic's lien notice of which has been\nfiled on real property or a bond given to discharge the same may be\nvacated and cancelled or a deposit made to discharge a lien pursuant to\nsection twenty may be returned, by an order of a court of record. Before\nsuch order shall be granted, a notice shall be served upon the lienor,\neither personally or by leaving it as his last known place of residence,\nwith a person of suitable age, with directions to deliver it to the\nlienor. Such notice shall require the lienor to commence an action to\nenforce the lien, within a time specified in the notice, not less than\nthirty days from the time of service, or show cause at a special term of\na court of record, or at a county court, in a county in which the\nproperty is situated, at a time and place specified therein, why the\nnotice of lien filed or the bond given should not be vacated and\ncancelled, or the deposit returned, as the case may be. Proof of such\nservice and that the lienor has not commenced the action to foreclose\nsuch lien, as directed in the notice, shall be made by affidavit, at the\ntime of applying for such order.\n
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