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

the premises WltNln Sixty (OUJ DAYS dlLef SuCu SalS.
the provisions of this act. when the interest or estate
term. forthe time OF such sale,o is at the time OF such
sale the interest or estate of a vendee OF such prop.
tons OF which are to be performed within two ~
years from the dat OF the contract. the sale is abso-
1at = IN u, al all; o other ss cases assii the pr property 2pM SOFA IS SUBJECT
SEC. IA. Any subcontractor or person other lnan
the originaal contractor, who performs any y labor la6or
cry. or who has agreed so to do. for which
a lien is. or may be given by the pro7islohs
of This act, may at any tine 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 Il notice in writing.
Such notice N ay be substantially in the following
form:
To You are hereby noti-
fed that | have (been employed by, or have con.
W vshetia T to perform i labor or furnish skill, material
or machinery. or both. and substantially the nature
tho building or Other structure or Improvement:
and where situate, in general ter1ns): and that shall
interest st in the land Ii liable for the a amount that Dis, or
may become) due me on account thereof. iaas
SAID amount lls, or VIII De -....--------' mere
late signature.
No such notice sh ali be invalid by reason of any
defect OF form, provided it is sufficient to inform the
owner or such person as aforesaid OF the substantial
Such notice shall be verified by tbs oath of such sub
contractor or that of his agent. Such notice shall be
SGtNtu " ueitSeIluS Liz Sdl1S ~ lLS onHCI ~ ~
such person as af ,resaid. or to the authorized agent
OF either. personally. or in case such owner, person
such Improvement is made. and has no residence
therein: then by posting such notice, and keeping 1T
t pos'se ow vi e e0n op such pace per appn 'n as 0fa Aforesaid ID
Upon such notice being served, the owner
OF OF s either pe sbsiP. as a1a af Il shail Or BE- the his a a1tS
to withhold from the original contractor, out of the
n m0nsg cue sn f or mat f. may sns% Dse0m the e s"m 20 OF 1 mon eg
claimed in such notice to be due or to become due
and any lien that may be filed therefor; 81 n an
notice is by writing withdrawn: by the party SO hay
ing given the same. But failure by any such sub
contractor or person. other than the original CON
tractor. as afore 81 id, to give such notice shall not de
feat his lien or risht OF lien under this act;
SEC. Is. The taking OF a promissory note or other
evidence of Indebtedness. for labor performed, or
skill, material Or machinery furnished. under the
provisions of this act. shall not discharge the lien
thereby given for the same, unless expressly received
in Payment therefor, and so specified IN such Hote
or other evidence of Indebtedness.
SEC. rs. Any contractor or subcontractor who
shall purchase material n C redit and represent at
the time OF said purchase 1c that the same is to be used
material in the construction of anv building or i'm
provemeut other than that designated when pur-
chased. with intent to defraud the person from
whoa the material was so purchased, without first
consent from, the person from whom the material
was purchased. shall, upon conviction thereof. be
dollars, or by impris onment not exceeding six (6)
months. or both, in the discretion of the court:
SEC. II. EXECUTORS ana NEUTRALITY-SUSPICIOUS. uuer tllS
act have the same rights, and are subject to the same
liabilities, that their testator or intestate, If living,
ws snn have 1s Gr might hsr BE- nu bic ito to. received s,tisf,c-
ton of his debt or tender of the amount thereof,
m " d all , costs , of aetion re eooeshat 1 thsrs2n.
for which he has filed any such claim for lien, OF
after final Judgment against him by a competent
of the time limited by this act for the commence
%snt of sI acton At thereon Ere ow with out. acton ct ta being rs:
quest of any person interested in the property affected
by such lien, or who is interested in having such lien
discharge such lien OF record: and if he neglects so to
DO for ten (1n) days after request in writing. he shall
requesting such satisfaction and discharge. to be ..
covered i'll a civil action. and shalt be liable to any
Al Hens en- ri ' by the provisions Of this act shall be
released an! discharged in The office where recorded.
in the same manner as is now provided by law Tor
SEC. is. That sections one "a. two (2): three (3),
four (4). five 90. six 90. seven %. eight (S), mae (9),
ten jiO). eleven Ql), twelve (l2>, thirteen u3> four
teen az; fifteen sl5n eighteen Gs), nins1sen llal,
(9O) of the General Statutes OF one thousand eight
hundred and seventy-eight ll87sl of the State OF Min
thereof, be and the same are hereby repealed: and
ali *cts and parts of acts inconsistent with this act
AFFECT any rights existing or suits pending when it
shall take effect. Provided further, that proceedings
begun to enforce liens, after this act shall taEe effect.
shall conform. as far as practicable. to the provisions
OF this act.
SEC. 20. That tins act shall take erect and be in
1888. '- 'N
Approved April "a, 1889.
AN ACT giving liens for the better security of
mechanics, laborers and others who perform
work and labor or furnish material or personal
property.
Be it enacted by the Legislature of the State of
Minnesota:
SECTION l. Whoever makes, alters, repairs or
= o-,1 nl,O~ O~ f,r mi G 80 W ario1 nr INV - i
of personal property, at the request of the owner
or legal possessor thereof. shall have @ lien on
such property SO made, repaired, altered, OF
upon which labor has been bestowed, for his
just and reasonable charges for the labor he has.
performed and the material he has furnished;
and such person may hold and retain possession
of the same until such just and reasonable
charges are paid. If they are not paid within
three () months after the labor is performed or
the material furnished, the person having such
lien may proceed to sell the property by him so
made. altered or repaired, or upon which labor
has been bestowed, at public auction, by giving
public notice of such sale by advertisement for
three ~ weeks in some newspaper printed and
published in the county, or if there is none, then
by posting up notice OF such sale in three OF the
most public places in the county three ~ weeks
before the time of sale. The proceeds Of such
sale shall be applied first to the discharge of
such lien and the cost and expenses of keeping
and selling such property, and the remainder,
it any, shall be paid over to the owner thereof.
SEC. 2. Any person who is 4 common carrier,
and any person who at the request OF the owner
or lawful possessor of any personal property
carries, CONVEYS or transports the Same from
one place to another, and any person who safely
keeps or stores any personal property, and any
keeper OF a livery or boarding stable tor horses,
mules, %cattle'or stock, and any person who pas
lures or keeps the same, at the request OF the
owner OF lawful possessor thereof, shall have
the same lien for all his charges for carrying.
transporting, storing, keeping, supporting and
caring for such property, and the same right to
hold and retain possession thereof, and the
same power Of sale for the satisfaction Of his
reasonable charges and expenses upon the same
conditions and restrictions as provided in the
preceding section.
SEC. 3. That sections sixteen (16) and seven
teen QO OF chapter ninety 900 Of the General
Statutes of one thousand eight hundred and
seventy-eight 1873 of the State OF Minnesota,
and all acts and parts Of acts a1nendatory
thereof be and the same are hereby repealed:
and all acts and parts Of acts inconsistent with
this act are hereby repealed. Provided. That
this act shall not affect any right existing or
suits pending when it shall take effect. Pro-
vided further, That proceedings begun to en-
force liens after this act shall take effect shall
conform as far as practicable to the provisions
of this act.
Sec. 4. This act shall take effect and be in
force from and after its passage.
Approved April "a, 1899. &c..
Game and Fish Laws.