The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1889-05-09
Dewer. water pipe or gas pipe, whether mains

AOuo ~ AduO W1CuIu TIC COIpOlAtC 1lIultS Oh
any city or incorporated village, then in and
10 the lot Of land upon which the same has
been done or Is situate, or in and to the lot Of
1And adjacent and contiguous to the half Of
eidewalk, curb. gutter. sewer, water pipe or
gas pipe. whether mains or connections, has
been laid, constructed, altered or repaired,
one R IN e1en'
plsRes skill, material or machinery for the
construction, alteration or repair Of any line
Qf railway, or OF any telegraph line. depot,
S s1ssn,nf enG 10 or any ohh n. s o
or for lhe const rucuoD. alteration or
repair of any line of telegraph, telephone,
sIscttr 'ie. sas:pipe or subway,
nDE any such ne o BY vqe of
1Act with, or at the instance of the owner
tpereof, his or its agent, trustee, contractor
Of subcohtractor shall have lien to secure
such line Of railway, telegraph line, depot,
bridge, fence, or other structure aprcrtnin-
Ing to such line Of railway, or upon such line
Of telegraph, telephone, electric light, gas
kPpertaining to such line, and upon all fran.
chtses. privileges and immunities, and all
right Of way OF or epPertaining to any OF the
SEC. 4. 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
Of Of any house, mill. manufactory or other
building or appurtenance, or of any fixture,
wharf, fence or other structure, If the vendee
contract. then, for the purpose Of establishing
and enforcing lien for all labor, skill, mate
rial or machinery, performed or furnished by
other persons, for or to such vendcc, or his
assigns, under contract or subcontract for
such erection, construction, alteration re-
nOval or repair such vendce shall be deemed
the owner Of such house, mill, maaufactory
or other building or nppurtenaNce, or fixture
wharf, fence or other structure, and such
vendee his contractor within the meaning Of
this act. But no such vendor shall be per-
sonally liable for any Indebtedness SO con-
tracted by such vendee.
SEC. s.. Every house, mill, mandatory or
other building or appurtenance, and every
structure or other Improvement mentioned in
sections one (D and two (2l Of this act lex
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
incumbrancer or lienor, shall be held to
have been erected, constructed, altered.
removed or repaired at the instance of
to subject his pe intefests i to sns lie en
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 (5) days after he shall have OBJ
tanned knowledge of the erection, cons,ruc-
ton alteration, removal or repair aforesaid,
give notice that his interest shall not be sub
ject to any lien for the same by serving q
written or printed notice to that effect per-
sona!ly upon al persons performing labor or
furnishing skill, material or machinery
therefor, or shall, within five 81 days after
he shall have obtained the knowledge afore-
said, or knowledge of the intended erection,
constructions alteration, removal or repair
aforesaid, give such notice as aforesaid by
a ri ar
printed notice to the effect aforesaid. In
some conspicuous place upon said land or
upon tho 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 lessee and nothing in this
section contained shall apply to such vendor
as Is mentioned in section four ~ of this act.
SEC. g. In all cases where the labor, skill.
material or machinery referred to in sections
one az, two (2) and three (9) of this act,
shall be furnished byany person otherthan the
agent or trustee the lien shall not exceed the
actual value of the labor, skill, material or
machinery SO furnished.
SEC z. Whenever any contractor, sub
labor or furnish skill, material or machinery
for the erection, construction. alteration, re-
moval or repair Of two or more bull 1ings OF
structures united together and situate upon
the Same lot or contiguous lots, or Of separ
ate buildings upon contiguous lots, in either
case under or pursuant to the purposes Of
one general c onlract with the owner or JOINT
owners of the lot or lots and of such i'm
persons whose interest therein may be
charged with lien under this act it Shall
each building or structure for the ia labor oes so
performed thereon, or for the skill, mater
fal or machinery so furnished therefor,
nor, In case a separate lien is not SO filed. to
apportion the amount OF the entire lien
claimed between the several buildings or
structures.
SEC; .: Any person, copartnership or cor:
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 all just credits and
offsets. (rhe separate items of the account
need not be stately
2. That such amount is due aud owing for
chinery furnished, or for one or more Of
them; and In what erection, construction,
alteration, repair, removal, digging or laying,
as the case may be, the same was performed
or furnished.
3. The time when the first aud last item
OF such labor, skill, material or machinery,
as the case may be, was furnished.
a.: A description of the property to be
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
6. A notice Of intention to claim and hold
such lien
Said statement shall be verified by the oath
OF the person SO claiming the lien or by his
facts, and shall, within ninety 900 days
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
case such labor, Skill material or machinery
shall have been furnished for the ccnstruc-
a nV rnv N0i NJ INV hna ~
or other water craft or Of any line of rail-
way, or Of any telegraph line. depot, bridge,
fence. or other structure appertaining to any
line OF railway. or for the construction, alter
alton or repair of any line of telegra phi or tel
ephone, or of any fixture or structure apper.
tanning to any such line, said statement shall
be filed, within the time aforesaid, in the
office of the secretary Of state.
Said statement, when so verified. shall be
recorded in the Office, where it is filed as
aforesaid, at length in the records thereof,
and a; shall operate to continuee such
from 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: 8. The validity Of the lien shall not
be affected By any inaccuracy in the state
ment relating to the property TO be charged
with 1t. IT such property can be reasonably
recognized from the description nor by any
inaccuracy in the statement of the name Of
the owner or rcputed owner of such property;
nor by any inaccuracy in stating the amount
due for labor, skill material or machinery,
unless 1t appears that the person claiming
the lien has wifully and knowingly claimed
more than is due. Provided that in no case
shall lien exist for greater amount than
that claimed in said statement.
SEC. 10, Any person having lien given
by the provisions of this act, may proceed to
obtain Judgment and enforce The same. IN
the same manner as in actions for the fore
closure Of mortgages upon real estate, except
as otherwise herein provided.
Every such action to enforce any such lien
shall be commenced within one az year
from the time Of furnishing the last item Of
labor, skill, material or machinery ior which
such lien is had.
At the time of the commencement of such
action notice of lis penden shall be filed,
- provided by law, in the office of the regis.
ter Of deeds in and for the county in which
such action is brought, and except IN cases
where the lien statement shall have been filed
In the office Of the secretary of state, as in
TINS act provided, in each and every county
IN which the property. or any part thereof,
Affected bv such action Is situate