St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-05-07


acres. il without .he corporate limits OF any
city or Incorporated village, and II done
or situate upon land, or in the half OF the
highway, street or alley adjacent and eontlg.
nous to land within the corporate limits of
any city or Incorporated village, then in and
TO the lot of land upon which the same has
been done or is situate or in and to the lot OF
land adjacent and contiguous to the half OF
the highway. street or alley in which such
Sidewalk, curb, gutter, sewer. water pipe or
gas pipe. whether mains or connections has
been laid, constructed, altered or repaired,
not exceeding one % acre in extent.
SEC. 3. Whoever performs labor, or fur
nishes skill, material or machinery for the
construction. alteration or repair of any line
OF railway, or or any telegraph line, depot
bridge, H., fence or other structure ,,. sp-
or for The construction, alteration or
repair Of any line of telegraph. telephone,
slectriclight. gas-pipe or subway,
conduit, or of any fixture or structure apper
tanning 10 any such line, by virtue of con-
tract with, or at the Instance OF the owner
thereof, his or its agent trustee, contractor
or subconraetor, shall have hen to secure
the contract price, orvalue OF the same, upon
such line Of railway, telegraph line, depot,
bridge, fence, or other structure apperialn-
ing to such line Of railway, or upon such line
of telegraph, telephone, electric light gas
pipe or subway conduit, or fixture or structure
appertaining 10 such line, ard upon all fran
ehises privileges and iinmunlties, and all
right of way Of or appertalning 10 any OF the
several lines aforesaid.
Sec l. Whenever the owner Of land has
sold the same upon an eXecutory contract OF
sale, contingent upon or providing for the
erection, construction. alteration, removal to
or repair upon such land by the yendee there
of OF any house, mill, mandatory or other
building or appurtenance or of any fixture,
wharf, fence or other structure, II the Vendee
or his assigns shall forfeit or surrender such
contract then, for the purpose OF estabiishlng
and enforcing & lien for all labor, skill. mate
fial or machinery, performed or furnished by
other persons, for or to such yepdee, Or his
assigns, under contract or subcortract Tor
such erection, construction, alteration re-
moval OF repair, such yendee shall be deemed
Che owner of such house, mill, mandatory
or other building or appurtenanee, or fixture,
wharf, fence or other structure, and such
yendee his contractor within the meaning OF
this act But no such vendor shall be per-
sonally liable for any Indebtedness so con-
Sracted by such yendee.
SEC 8. Every house, mill, mandatory or
other building or appurtenanee, and every
structure or other Improvement mentioned in
sections one ID and two (2) of this act lex
cepting boats vessels or other water CRAFTY,
erected, constructed, altered removed to or
repaired upon any land, with the knowledge
Of the owner of such land, or OF any person
having or claiming an interest therein other
wise than as a bona fde prior mortgagee,
ineumbraneer or lienor, shall be held to
have been erected, constructed, altered:
removed or repaired at the instance OF
such owner or person, SO far only as
to subject his interests to a lien
therefor, as in this section provided, and
such interest so owned or claimed, shall be
subject to any lien given by the provisions OF
this act unless such owner or person shall,
within five az days after he shall have OBJ
tained knowledge of the erection construc-
ton, alteration, removal or repair aforesaid,
give notice that his interest shall not be sub
feet to any lien for the same by serving a
written or printed notice to that effect per-
eonally upon all persons performing labor or
furnishing Skill material or machinery
therefor, Or shall, within FIVE (51 days after
he shall have obtained the knowledge afore-
said, or knowledge of the intended erection,
construction, alteration, removal or repair
aforesaid, give such notice as aforesaid by
posting and keeping posted written or
printed notice to the effect aforesaid. in
bone conspicuous place upon said land or
upon the building or other improvement sit
uate thereon. But no lien shall be allowed
as against lessor for repairs made by or at
the instance of q lessee, and nothing in this
Section contained shall apply to such vendor
as is mentioned in section four az OF this act.
SEC. 6, In all eases where the labor, skill,
material or machinery referred to in sections
one ~, two (2) and three 90 OF this act,
shall be furnished byany person otherthan the
original contractor with such owner or his
agent or trustee the lien shall not exceed the
actual value of the labor, skill, material or
machinery SO furnished.
SEQ. z. Whenever any contractor, sub
contractor or other person shall perform
tabor or furnish skill, material or machinery
For the erection, construction, alteration, re-
moval or repair of two or more bull 1ings or
Structures united together and situate upon
Che same lot or contiguous lots, or OF separ-
pie buildings upon contiguous lots, In either
ease under or pursuant to the purposes OF
one general ontract with the owner or JOINT
owners of the lot or lots and OF such I'M
brovements thereon, or with the person or
persons whose interest therein may be
charged with lien under this act it shall
hot be necessary to file separate lien upon
each building or structure for the labor SO
performed thereon, or for the skill, mater
Eal or machinery so furnished therefor,
nor, in case a separate lien is not SO filed, to
epportion the amount of the entire lien
claimed. between the several buildings or
Structures
poratien, claiming lien under this act. and
wishing to avail himself of the benefits
thereof, and to continue snch lien, shall
make statement in writing setting forth:
l. The amount actually due and owing
him after allowing ali just credits and
offsets. CThe separate items OF the account
heed not be stately
2. That such amount is due and owing for
labor performed, or for skill, material or ma
Ghinery furnished, or for one or more OF
them; and in what erection, construction,
alteration, repair, removal, digging or laying,
es the case may be, the same was performed
or furnished.
3. The time when the first and last item
of such labor. skill, material or machinery,
as the case may be, was furnished.
a. A description of the property to be
charged with the lien.
5. The name Of the owner or reputed
owner, at the time of making said statement,
of the property charged with the lien, &C.
cording to the best information then had.
g. A notice of intention to claim and hold
such lien.
Said statement shall be verified by the oath
of the person claiming the lien, or by his
agent or by one having knowledge Of the
nd shall within ninptv (0N davs
from the time Of furnishing OF the last Item
OF such labor, skill, material or machinery,
be filed in the Office of the register of deeds
in, and for the county in which the premises
charged with the lien are situate; and in
ease such labor. skill, material or machinery
shall have been furnished for the construc-
tion, alteration or repair OF any boat, vessel
or other water craft, or Of any line of rail-
way, or of any telegraph line, depot, bridge,
fence, or other structure appertalnlng to any
line of railway. or for the construction, alter
alton or repair of any line of telegraph or tel
ephone, or of any fixture or structure apper-
tanning to any such line, said statement shall
be fled, within the time aforesaid, in the
Office Of the secretary of state. e
Said statement, when so verified, shall be
recorded in the office, where it is filed as
aforesaid, at 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
material or machinery, until the expiration
OF one year after the time eff furnishing the
last item of the same.
SEC 9. The validity Of the lien shall not
be affected By any inaccuracy in the state
ment relating to the property to be charged
with it, If such property can be reasonably
recognized from the description, nor by any
fnaccuracy in the statement of the name OF
the owner or reputed owner of such property,
nor by any inaccuracy in stating the amount
due for labor, skill, material or machinery,
pnless 1t appears that the person claiming
more than is due. Provided, that in no case
shall lien exist for greater amount than