The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1889-05-09

eWSr oeItlnS up any Oe1enSe to the Dlaint-
amount and nature Of the lien claimed by
such defendant, and asking that the same
be determined, adjudicated and foreclosed in
s sa action; Against any defendant failing
70 answer Judgment shall be rendered deny
ing MIN any relief In such action, and he
snail be thereby debarred from afterwards
setting up or asserting his said lien; but his
claim upon the person with whom the con-
tract was made shall not be thereby i'm
pared. All the allegations Of each answer
IN such action shall be deemed to be contro-
verified, as upon direct denial or avoidance,
as me case may require. without further
At the trial Of such action the amount and
validity Of all such liens as aforesaid shall
be determined and adjudged: and II it shall
appear 20 the court at any time before final
judgment, that other liens have been filed.
or will thereafter be led under the provis-
ions Of this act, upon or against the same
property Or any part thereof. or that there
are other persons who ought to be made par.
ties to such action, the court upon its own
motion. or upon motion Of any party or Of
any person claiming such lien. or upon mo
ton of any such other person who ought to
ton. or delay trial thereof or Judgment
these1n for the purpose Of bringing n and
erty, or such other persons. parties to such
action. Any person entitled to lien given
by the provisions Of this act whose claim is
NOT due, or payable at the time Of the COM
Of an seto2 by other
be made a party to such action:
and and the claim Of such person may be allowed
between the date of the Judgment and the
maturity of such claim. After the COM
mencement of, and before final Judgment in
any such action to foreclose any such lien,
ety. eS me other upon Such any c esran
close any other such lien upon the
shall he commenced: but the claimant Of
any other such lien, not a party to such ac-
made. and shall be admitted Il defendant in
the action last mentioned. And If he shall
neverthciess, commence such other action,
the same shall be consolidated with, and
merged in the action firstly commenced,
upon motion of any party to the earlier ac-
tion. or by the court upon its own notion
In rendering Judgment in such action the
court shall first determine the amount Of the
lien claim to which each sub contractor is
entitled, and direct judgment in favor of
such sub-contractor for the amount so de.
ter1nined: the court shall then determine the
amount to which the contractor, with whom
tract, Is emitted. over and above the amount
o: the liens OF such sub-contractors, and
direct Judgment for such excess only in
favor OF such contractor. But if after judy
amount so adjudged to be due to such sub.
contractor, such original contractor shall be
subrogated to the rights of such sub-contrac-
tor, Any Judgment rendered III such action
and by whom it is held or owned, and shalt
order the sale OF the premises covered Dy all
such liens to satisfy the same. Such judg-
ment shall require the officer to pay over and
Quoting all lawful charges and expenses, to
and among the several creditors. including
such subsequent lien claimants, If any, as
are hereinafter mentioned. to the amount of
therefor: and il there is not sufficient. then
to divide and distribute the same among the
creditors in proportion to tho amount due to
each. and without priority nm Dug themselves.
IT, diayr time after and before
pear to the court that any lien claimant,
been foreclcsed in said action and
TR i9Eiasd fa for by said SAL rdsment has
assert the same or to apply to be made a
party to SAID action. the court shall by its
further order or orders delay such sale or
distribution, as the case may be. for the
purpose of admitting, and shall, upon due
proof Of such lien-c claim in manner as the
court may direct, admit such claimant to a
participation in the proceeds OF such sale or
distribution. in all respects as if he had been
a party to said action, and had therein duly
established his said claim.
In case the property covered by such lien
or liens viii not sell upon execution. as pro-
vided by law in other cases. having been
once duly offered. the court may order The
property into tho hands Of receiver. to be
leased or rented from time to time, under the
direction ct the court. until the lien or liens
shall be discharged. or mako such other
order or disposition OF the property as shall
to right appertain.
SEC. IL. When Judgment is obtained es.
tablishing any lien, given by the provisions
of this act, upon any line of railway, tele-
oghsr al el es Pine nss Tddt epots
bridges, fences or other structures appertain-
ing to such line Of rasi way: or such line Of
or subway conduit, together with ali fixtures
or structures appertai1ing to such line, and
together with all franchises, privileges, i'm
munities. and all right of way of or apper-
tanning to any of the several lines aforesaid,
may be sold upon execution to satisfy such
judgment.
The purchaser thereof, at any such sale,
shall have and hold ali and singular the
same, In the same manner and with the same
effect, as the same were had and held by the
judgment debtor. Such sale shall be CON
Quoted in like manner, and be upon like
notice, and be subject to like redemption. as
that in the case Of the sale Of any line Of
railway Or telegraph as aforesaid, the notice
of sale. required by law to be published In
q newspaper, shall be published in some
newspaper published at the capital of the
state.
SEC. IL. II the building or other improve
provement erected, or constructed, is SO con-
structed as to be movable from the premises
without material injury thereto, the court
may direct the same to be sold to satisfy any
lien given by the provisions of this act, and
The purchaser may. under the direction of
the court, remove such building or improve
mens from a the Pre- premises within sixty 600
SEC. 13.-Upon the sale Of any real prop
erty under the provisions Of this act when
the Interest or estate sold is a leasehold Of
less than two ~ years, unexpired term for
the time of such sale. or is Mt the time of such
sale the Interest or estate of a vendee of such
property under an executory contract of SALE
the conditions of which arc to be performed
within two (2) years from the date of the
cases the property sold is subject to redemp.
ton as provided by law.
SEC IA. Any sub-contractor or person
other than the original contractor, who per-
forms any labor or furnishes any skill, ma
terial or machinery, or who has agreed so to
do for which lien is, or may be given by
the provisions of this act. may at any time
serve or cause to be served upon the owner
of the premises, or upon the person whose
interest therein is, or may be charged with
such lien or upon the authorized agent of
either notice in writing.
Such notice may be substantially in the
1ollOW1uS 1OfM:
To you are hereby noti-
fed, that have (been employed by, or have
contracted witty to (here
state whether to perform labor or furnish
skill. material or machinery, or both, and
substantially the nature of the undertaking
or demand) upon your (herc state the build:
ing or other structure or improvement and
where situate, in general terns): and that
shall hold the (building, or as the case may
beg, and your interest in the land liable for
the amount that lis or may become) due me
on account thereof. That said amount lis,
or will be, here state the amount
as nearly as may be.)
Date Signature.
No such notice shall be invalid bv reason
Of any defect Of form, provided it is suite.
lent to inform the owner or such person az
aforesaid OF the substantial matters, as set
forth in the form herein above given. Such
notice shall be verified by the oath of such
sub-contractor or that Of his agent Such
notice shall be served by delivering the same
to the owner or to such person as aforesaid,
or to the authorized agent of either person.
ally, or In case such owner, person or agent
cannot be found in the county in which such
improvement is made and has no residence
therein, then by posting such notice, and