The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1860-08-25

Of the same. possessed of the legal but equi-a
table title to the ground on which the same
is erected, (if the same be a fxture). and
the fact of such defect of title be made to
appear to the Court before whom any iudg-
ment or judgments, under this act, may
have been Obtained, and if the same be re-
turned by any legal officer, to whom any
execution, under this act, shall be directed,
in either case the Court may direct the Off
Ger who has returned, or who is authorized
by leave law to serve such execution, to
rent or lease such building or buildings I'M
til the rent and issues thereof shall pay and
satisfy the several liens on which judgments
may be had against the same; or, in case
sale of the premises can be made so as to
benefit all parties interested, the Court may,
in proper case, all parties interested being
before the Court, order a sale and adjust the
liens or rights of all parties, so that the
rights of ali parties shall be protected and
secured Pro1ided, this law shall not bsAcs
construed as to impair the bona .ffde LENS on
grounds on which such building or build
ings shall be erected, (if fixture.
SEC. IL. That, in all other cases of judg-
ment or judgments obtained in favor Of any
lien holder or holders, if the property bound
provided by law in other cases, having been
once duly offered, the Court before whom
such judgment or judgments may be OBJ
tanned may direct the officer aforesaid to
lease the same in the manner and for the
purpose pointed out in the preceding section;
aud the officer giving such lease or leases,
shall then require the payment to be made
to him or his successors in Office, which
successor or successors shall have the same
power and perform the same duties therein
as the maker of the lease or leases should
or could do; and, in cases where the money
may be collected by said officer on lease or
leases made Under this act, it shall be his
duty forthwith to pay the same into Court.
when where the judgment or judgments
were obtained, which money shall be dis
tributed to the several lien holders interested
in said judgments, in proportion to their
several demands.
Sec. IL. That all lien or liens may be dis
charged by the payment of judgment or
debt, with all legal costs, before the proper
ty on which such lien or liens attach, be sold
or leased under this act and if any lien
holder or holders, after the same be duly
rendered TO him or them, shall proceed at
law or shall refuse to give due discharge
from such lien, then such lien holder or
holders shall forfeit all liens and pay all
costs.
| SEC. 10. That, if the owner or owners of,
or any person interested in the property
which is subject to lien under this act, be
without the reach of process, or reside with
out the Territory, any lien holder or holders
may make said parties defendants or parties
to any suit under the provisions Of this act,
by publication of notice, as provided by law
in other cases, or may proceed by attach
ment as in other cases; and the Court be-
fore whom the same is pending, on the en-
try of Judgment or return of the proper
officer, shall have the same power to order
a lease or leases, or sale as IS given in the
10th and II th sections of this act.
SEC. II. That executors and administra-
tors, under this act, shall have the same
rights, and be subject to the same liabilities
that their testator or intestate would, or
might have, if living.
SEC. 15 That the Register of Deeds, for
fling and recording contracts and accounts
under this act, shall be paid the same pay
Tfees1 they are legally entitled to in other
cases.
SEC. l6. Each and every person in favor
of whom any such lien has existed, after
receiving satisfaction of his or their debt, or
after final judgment against him or them,
f by competent tribunal, showing that noths
. ing is due by reason of such claims, shall,
, at the request of any person interested in
the property on which the same was lien,
or who is interested in having the lien re-
moved, or, if his or their legal representa-
r tives, lodge a certificate with said Recorder
. that said debt is satisfied and said lien re-
! moved. with (which certificate shall be
> filed and recorded by the Register OF Deeds,
or Ton1 the margin OF the record, in the
same manner that releasing releasel OF
4 mortgages are now by law required 10 be
: recorded, and, when so recorded, shall for
ever discharge and release said lien and II
r such person or persons, having recorded
such satisfaction as aforesaid, by himself or
r attorney, or judgment having been rendered
|, him as aforesaid, shall not, within ten days
! after request. in writing, lodge notice, in
writing. with the Register of Deeds, as is
? prescribed in this section, he or they neg
) Letting or refusing so to do shall forfeit aud
pay to [the] party or parties so aggrieyed
a any sum of money, not exceeding one-hali
/ of the debt claimed rs lien on such prop
erty, according to the circumstances of the
case, to BE- recovered in civil action. as in
D other cases at law /; and the party lodging
j such certificate as aforesaid shall pay 10 the
Recorder ten cents for recording each notice
: or certificate as aforesaid.
n SEC. IT, That The first TO the twenty
| third sections of an act entitled ian act fol
securing liens to mechanics and others
passed Feb. 8. 1859, be, and the same Il
: hereby repealed Provided, that all suit:
: commenced, and rights accrued under saic
t act are hereby saved tsacred and the same
i shall be prosecuted TO final judgment th'
: same as il this act had not been passed.
( Sec. 10. This act to take effect and be il
a force from and after its passage.
: Approved February q. 1860.