Herald of the times, and Rhode Islander. [volume] (Newport, R.I.) 1846-1849, 1847-02-18
STATE or RHODE ISLAND AND
PROVIDENCE PLANTATIONS.

] AN ACT securing To mechanics payment Ion
Il repairs and improvements by them made
II on real estate.
/ IL is enacted by The General .Rssem6y rs Jof
ioWS:
Il Section l. Whcnevrrany building, canal
! turnpike, railroad, or other Improvement shall
! be constructed. erected or repaired by CON
| tract with or at the request OF the owner
/ thereof, such owner being ot the time The
! owner oi the land on winch the same thcI
j.. such building, canal, turnpike, railroad Or
other improvement. together with the said
land, IL hereby made liable, and shall stand
! pledged for all the work done IN The con
! structlon, erection, vr rcparailon OF suci
building, canal, turnpike and other improve
| mcn,, and for the materials used IN the con
1 struciiOn. erection or repnraiion thereof
which have been furnished by any person
Il who had contracted or been requested n
aforesaid to construct, erect, or repair the
! same, before any other hcn which shall org
mate subsequent TO the commencement OF
such erection, construction or rcparallon on
such lund.
Sec. 9. Whenever any building, cana
turnpike, railroad, or other Improvement,
shall be constructed, erected or repaired, by
contract with or al the request of any lessee
or tenant thereof, the interest and TILE oi
such lessee and tenant ~ the said building,
canal turnpike, railroad, or other improve
meut. aud on the land on which the same is
located, shall stand pl, dyed for all the work
done aud materials used aud furnished as
AFORESAID. IN the construction, erection, or
r"purntlon of such bndlug. canal, turnpike,
railroad, or other Improvement, and not the
interest or title Of the landlord of such lessee
4 /.
landlord - first obtained. asserting to such
construction. erection or rcparailon, and ac
kuowleGgng his estate to be also holden for
the payment thereof.
, See. 3. Whenever any building, cana,
turnpike, railroad, or other improvement,
shall be constructed, erected or repaired by
contact, with or al the request Of the owner
thereof, such owner being, at the time, owncr
ot less than n freehold IN the land on winch
the same Is located, such building, cana
turnpike, railroad and other improvements,
together VIII the title and interest OF the
owner thereof IN the land on which the same
/ ~ located, shall stand pledged for all the
work done aud materials used and furnished
rs aforesaid, ~ the construction, erection or
reparatlon OF such building, canal, turnpike,
railroad or other improvement, aud not the
interest or tltlc Of the owner OF the fee ~
such land unless The written consent Of such
owner Is first obtained asserting To such
construction, erection or reparatlon, and ac.
! Iknowledgng his estate to be also holden for
the payment thereof
Sec. 4. II such building, canal turnpike,
! lrOad or other lmprOy ement shall be con.
sructed, erected or repaired under written
contract, then the lien created by this act IN
] 4. I.r,
ted To be paid on such contract. shall be
wholly lost, unless legal process shall be
commenced for enforcing the same, in man.
ner hereinafter provided within four months
from the time that any payment, on such con
tract shall become due aud payable, If such
payment shall not then be made.
Sec. ;. No person who shall do work
for, and furnish materials to be used in The
construction, erection or repara'ion OF any
building, canal. turnpike, railroad or other
improvement, without written contract, shall
have any Advantage ofany hen therefor crea
ted by thus act, unless he shall commence
legal process for enforcing the same in man
ner hereinafter provided, within six months
from the timo ot The commencing the dclv-
cry Of mrtermls, u payment Tor the same
shalt not then Dc made.
Sec. 6. No person who shall work or
labor ~ the construction, erection or repara
ron of any building, canal, turnpike. railroad
or other Improvement at the request of any
person who had entered into coGtruct,
whether IN writing 0r not for such consruc
ton, erection or reparallon, shall have any
hpn therefor, unless such person shall, within
thirty days after commencing the work, give
notice ~ writing To the person against whose
state or tile he claims lien that he has
commenced he work, and that he will claim
hc benefit of the lien created by this act
And the lien thereby created shall be wholly
lost. unless such person having the same,
shall Within four months from the time notice
shall be gwen as aforesaid. commence legal
process as is hereinafter provided, 10 enforce
said lien.
Sec. Z. The commencement ~ legal pro
cess 10 enforce the hens hereby created,
shall be the lodging the account or demand
for which the lien Is claimed. ~ the Office o
the cirIk OF the town or towns IN which the
binding, canal, turnpike. railroad or other
improvement Is situated, with notice TO what
building, canal, turnpike. raIroad. improve
ment aud land, aud to what or whose estate
~ the same the sad account or demand re
Icrs, and II shall be- the duty oi the SAID clerk
to record The names of the parties, the amount
of the calms, and The notice aforesaid, and
the exact time of the fling SAID account or
demand in his office. IN a book to be bv him
kept for that pnrpuse; bu' the original ac
count need not be recorded, but shall be
kept on file.
Sec. 8 When any account or demand is
left with any town clerk in pursuance OF the
next preceding section, the clerk shall note
thereon the exact time, as near az may be,
when the same was lodged with him as afore-
said.
Sec 9. At least twenty days before the
term of the Court of Common Pleas IN the
same county or counties in which the said
building, canal, turnpike, railroad or other
improvement shall lie, which shall beholdcn
mol les, than twrnly days next after CON
moucemcnt of legal process ns aiore Prov
dcd. the person 80 commencing the same
shall fc hls petition ~ The clerks Office Of
snId court, setting forth ike particulars Of hi
account or demand, and particularly descrl.
bug the building. canal, turnpike, railroad,
improvement and nud, and the estate aud
title ~ The same upon which he claims a lien
frr said account or demand. aud praying that
IL a