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


such defendant, and asking that the same
be determined, adjudicated and foreclosed In
said action. Against any defendant failing
to answer, Judgment shall be rendered deny
ing him any relief in such action, and he
shall be thereby debarred from afterwards
setting up or asserting his said lien; but ms
claim upon the person with whom the con-
tract was made shall not be thereby I'M
paired. All the allegations of each answer
in such action shall be deemed to be coptro-
verted, as upon Il direct denial or avoidance,
as the case may require, without further
pleading.
At the trial Of such action the amount and
validity of all such liens as aforesaid shall
be determined and adjudged; and If it shall
appear 10 the court at any time before final
Judgment that other liens have been filed.
or will thereafter be filed under the proyls-
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
be made party, may continue such ac-
ten, or delay trial thereof or judgment
therein, for the purpose of bringing in, and
making all lien claimants upon such prop
erty, or such other persons, parties to such
action. Any person entitled tn lien given
by the provisions of this act, whose claim is
not due, or payable at the time of the COM
meneement of an action, by any other
HtrSou VI peiSoilS, " culOTC6 tuelT ilcuSb
shall be permitted to become or to
be made, a party to such action;
and the claim of such person may be allowed.
subject to discount for the period to elapse
maturity of such claim. After the COM
meneement Of and before final judgment in
any such action to foreelose any such lien,
as aforesaid; upon any certain prop
errty, no other such, action to fore
close any other such lien upon the
same property or any part thereof
shall be commenced; but the claimant of
any other such lien, not a party to such ao-
ton firstly commenced. shall apply to be
made, and shall be admitted a defendant in
the action last mentioned. And if he shall,
nevertheless, 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-
ton, or by the court upon its own motion.
In rendering judgment in such action the
court shall first determine the amount of the
lien claim to which each sub-contraetor is
entitled, and direct judgment in favor OF
termined: the court shall then determine the
amount to which the contractor, with whom
each sub contraetor shall have made his con-
tract, is entitled over and above the amount
OF the liens of such sub-contractors, and
direct Judgment for such excess only in
favor of such contractor. But if after judg-
ment any original contractor shall pay the
amount SO adjudged to be due to such sub
cOulTdctOF, SUCH OrtEiiful contractor Shall Dc
subrogated to the rights of such sub-contrac-
tor. Any judgment rendered in such action
shall specify the amount of every such lien,
and by whom it is held or owned, and shall
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
distribute the proceeds of the sale, after de-
Quoting all lawful charges and expenses, to
and among the several creditors, Including
such subsequent lien claimants If any, as
or hnr il0f for ont IN 1a INF f
their several claims. it there is sufficient
therefor; and if there is not sufficient then
to divide and distribute the same among the
creditors in proportion to the amount due to
each. and without priority moug themselves.
If, at any time after judgment and before
sale or distribution, it shall be made to APP
pear to the court that any lien claimant.
having lien which might, property have
provided for by said Judgment has
without fault on his part omitted to
assert the same or to apply to be made
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 Ien-c Claim, in manner as the
court may direct, admit such claimant to
participation in the proceeds OF such sale or
distribution in all respects as if he had been
party to said action, and had therein duly
established his said claim.
In case the property covered by such lien
or liens will 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 a receiver. to be
leased or rented from time to time under the
direction of the court. until the hen or liens
shall be discharged, or make 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'
al oil afrin licrhr \;
subway conduit. such line of railway,
together with all telegraph lines, depots.
bridges, fences or other structures appertain-
ing to such line of railway, or such line Of
or subway conduit, together with all fixtures
or structures appertaining 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
sales of real property upon execution, except
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
a newspaper, shall be published in some
newspaper published at the capital of the
state.
SEC. ~. If 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
ment from the premises within sixty (60)
days after such sale.
Ia - 81
erty under the provisions Of this act. when
the interest or estate sold is a leasehold Of
less than two (2) years, unexpired term, for
the time of such sale. or is at the time of such
sale the interest or estate of yendee of such
property under an executory contract of sale.
the conditions Of which are to be performed
within two (2). years from the date of the
contract the sale is absolute; in all other
cases the property sold is subject to redemp-
ton as provided by law.
SEQ. IA. Any sub-contractor OF 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 OF 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 tho
To :You are hereby noti-
fed, that have Cbeen employed by, or have
contracted WITH 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 (here state the build
ing or other structure or improvement, and
where situate, in general terms): and that I
shall hold the (building, or as the case may
be), 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 by reason
of any defect of form. provided ii is STfiic.