Echo de l'ouest. [volume] (Minneapolis, Minn.) 1883-1929, 1889-05-09

the instance of the owner thereof, his or its agent.
trustee, contractor Or subcontsactor, SHAH nave u
lien to secure the contract price, or value OF the saMe'
upon such line Of railway. telegraph line. aepo..
bridge, teace. or other str structure s,,nr ,; app nf taleapsp i
telephone, electric light. gas pipe or SUBWAY cGnI ~
or d hxture Of Of f1anchises a n9iSiieees aud 10 im snrM
and all right of way of or appertalnlng TO any Oh Il
SEC. 4. Whenever the owner of land has sold the
| same upon an e%xecutory contract of sale. cohtlnsen'
upon or providing for the erection, s cchsfn rue bH the e.
vendee thereof OF any house, MN. niaNulacsots
other eh. r b nil NJ o or aps Itr',etnre i or the OF ve anE Drills or his
assigns shall forfeit or surrender such con.ract. sh Tan
for for III The ,n pnpro sSif 81 m estan1;in or m aeh saior psrfo : E
or furnished by other persons, for or to such veidee
or his assigns ronst rmagp eo altersti or s remoVai or repair,
such vendee shall be deemed The owner II Oh os suu n
purtena nc or fStnr wharf. fence or other struct-
! ure. and such vendee his contractor Withln .ne nnean-
ally liable for any Indebtedness so contracted Ssoch
vendee. Nv o.hor
building or appurtenance, and every structure G "
| other I'M provement mentioned i'll sections one ~
and two % 60 of TIL this a act led1ce aonptru etedy' a Gtsreas re- e.
moved to or repaired upon any land, WIN the hnomi
having or claiming an interest therein otherwise than
as a; a bona tide rior MORTGAGE, enc lnc" a,sctad' con- NJ
structed. altered, removed or repaired at the instance
of such owner or person. SO far only us to suplect ms
interests to q lien Tnefe1Of. as Ill ILLS SeGlAoh ~
| vided, and such interest so owned or claimed, shau
be subject TO any lien given by the PROVISIONS OF 1his
! 81 days VS. after he Shall have Obtained knowledge OF
the erection. construction. alteration. removal or re-
be subject to any lien for the same by serving a
written or printed notice to that effect per.
Furnishing skill, material or machinery therefor, or
shall. within fl % days after he shall have o. 90
intended erection. construction, alteration, removal
or repair aforesaid. give such notl"e as aforesaid oy
! notice to the effect aforesaid. in some conspicuous
place upon said land or upon the bulla1ng or oth ep
allowed as against, a lessor Tor repairs ma !, : ~ or q
the instance Of a lessee and nothing IN TINS sI ionod
s1n sec5ien f S9a1A = apo Of tits Ii * act. ,sn''i 40 =,
SEC. 8. In All cases where the labor, skill natersl
and three 81 of this act, shall be furnished by any
person other than the ORIGINAL contractor MIR ms su eG
owner or his agent or trustee tbs llen shall not eA-
coed the actual value Of the labor, skill. material or
machinery SO furnished.
or other person shall perform labor or furnish skill
material or machinery for the erection. constrncuo1
ings or structures united together and situate upon
| the same lot or contiguous lots. or OF separate
| or pursuant to the purposes Of one general contract
! with the owner or joint owners of the lot or lots and
or persons Whose interest therein NAV be charged
with a lien under this act. il shall not he necessary to
| for the fab5r so performed thereon. or for the skill,
material or machinery so furnished, therefor. nor. in
CiEo d SGIdfilc 1 > " 81 { v kLSA 49, eS
amount of the entlre lien claimed, between the sew
eral buildings or structures.
SEC 8. Any person, copartnershIp or corporatlon,
claiming u lien under 1hs act, and wishing to avail
himself of the benefits thereof. and to continue
such lien. shall make a statement III writing setting
/. The amount actually due and owing him after
allowing ali just credits aud offsets. (Ihe separate
items OF the account need not be stately
?. That such amount Is due and owing for labor
! nished, or for one or more OF them; and in what
erection. construction. alte ration, reialr, reInoval'
digging or laying, as The case may pe' tne saMe was
5. The time when the first and last item of such
labor. skill, material or machinery, as the case may
4. A de- cription of the property to be charged with
i. The name of the owner or reputed owner. at
the time OF making said statement of the property
CHARGED with the ilen' according to the BEST anforna-
ton then had.
Said statement shall be verified by the oath of the
person claiming the lien. or by his agent. or by one
ninety 900 days from the time of furnishing OF the
last item Of such labor. skill. material or machinery;
for the county in winch the premises charged with
the lien are situate; and in case such labor, skiil, ma
terial or machinery shall have been furnished tor the
construction. alteration or repair of any boa'. vessel
or other water craft, or OF any lire OF railway, or OF
any telegrapn me; utpot, G 1ina a. ie ,a;1vs az or for
the construction. alteration or repair OF any line OF
telegraph or telephone. or ct any fixture or s IF sha,s
be filed, within the time aforesaid, IN the office OF the
secretary of state.
Said st :tement, when SO verified, shall be recorded
| in the office, where it is filed as aforesaid. 1t length
in the records thereof. and shall operate to continue
such lien during all the period of time from the time
Of the furnishing OF the first item OF such labor. Skill,
material or machinery. nnt1l the expiration OF one ~
same.
by any inaccuracy in the statement relating to the
| property TO be charged with it, if such property can
be reasonably recognized from the description, nor
by any inaccuracy in the statement of the name OF
the owner or reputed owner OF such property, nor by
any inaccuracy i'll stating the amount due tor labor.
! Skill, material or machinery, unless it appears that
| the person claiming the lien has vii ully and know
ingly claimed more than is due. Provided, That in
| no case shall a lien exist for a greater amount than
that claimed in the statement.
| SEC. 10. ANY person having a lien given by the
| provisions of this act may proceed 20 obtain judy
| ment and enforce the same in the same manner as
in actions TOR the foreclosure of mortgages upon real
Every such action to enforce any such lien shall be
commenced within one ~ year from the time of fur
nishing the last i:em OF labor, skill, material or ma
chinerv for which such lien is had.
At tho time of the commencement OF such action
a notice of lis pendens shall be filed: as provided by
law, in the Office OF the register of deeds in and for
the county in which such action is brought, and, ex-
cept in cases where the lien statement. shall have
been filed in the office of the secretary of state, as in
this act proviued. in each and evary county in which
the property. or any part thereof, affected by such
action is situate.
In all cases no p~lsaaines or copies thereof need be
served. on demand or otherwise, but the several
~rleadines in such action shall be flied by the parties
thereto. in the office of the clerk Of the district court
in and for the county wherein the action is brought.
Tie complaint slall he SO filed at the time of issuing
the summons in such action.
The summons shall require the defendant so to file
his answer W thin twenty (2O) days after the service
OF such summons exclusive OF the DAY OF service.
a fiIsd M yhall the het o1srR e' of s shat co 5nr e and that su els ae aien
is for the foreclosure of a mechanics lien...
this act shall attach 10 his Complaint, or answer. and
file herewith, a bill OF particulars OF the Items of his
or of some one having a KNOWLEDGE of the facts. or be
precluded from giving evidence thereof, The court
may order G further and more parhcu.ar Dill.
Tn any Such actions all persons WHO have liens
given by the provisions of this act, filed Of record.
made parties defendant. The complaint in such
action shall ask the determination and adjudication
- Each defendant in such action shall answer setting
up any defense to the plaintiffs claim. and also, as
5 clai q sdm BY sneh d 1aS n a@nen and aa ASKING hasa tnat f5 fh 'es sa 'lna
be determined. adjudicated. and foreclosed in said
| judgment shall be rendered denying him any relief
in such action, and he shall be thereby debarred
but his claim upon the person with whom the con
| tract was made shall not be thereby impaired. All
deemed to be controverted, as upon a direct denial
or avoidance. as the case may require, without
further pleading.
OF all such liens as aforesaid shall be determined
and adjudged; and if it shall appear to the court at
been flied or will thereafter be filed under the FRO
visions of this act. upon or against the same property
who oueht to be made parties to such action. the
court. upon its own motion, or upon motion of any
party or OF any person clalluluS SUCH Ileu, of upon
motion OF any such other person who ought to
be made a party, may continue such action. OF delay
trial thereof or Judgment therein, for the purpose Of
bringing in and making all lien claimants upon such
property. or such other persons, parties to such &C
lion. Any person entitled to a lien given
by the provisions of this act, whose clam is
commencement of an action, by any other
person or persons, to enforce their liens, shall be per-
mitted to become or to be made a party to such &C
ton: and the claim of such person may be allowed,
| subject to discount for the period to eIapse between
the date Of the Judgment and the maturity of such
Judgment in any such action to foreclose any such