The Portland daily press., 1895-02-28

| ing such a bill. Other lienms may be made
| parties; other lienors may become parties, and
preserve and inforce their liens on said plop-
erty, provided, their petitions therefor, setting
forth their claims in substance, us required in
a bill as aforesaid, be filed with the clerk with
in ninety days afterthe last labor is performed
OF the last labor or materials are furnished by
| them, as aforesaid. The court may consoll-
date two or more bills claiming liens ON the
same property, into one proceeding, II justice
shall so require. Any mortgage or otter per
son having claim upon, or interested legally
or equlfaniy IN SAD properly, may DC mace
a party. The court shall have power to deter
mine all questions OF priority of hen or inter
est, if any, between parties to the proceeding
SECT. 4 The court shall determine the
amount for which each lienor has lien upon
the property, by jury trial, il either party 50
requests i'll BILL petition or answer; Otherwise
IN such manner as the court shall direct. And
| such determination shall be conclusive as 10
the fact and amount of the lien subject to APP
peal and exceptions according to the practice
IN IN equity Any lenor may contest another
| lenors claim upon issues framed under dlIcc-
| ton of the court.
SECT. o. If it is determined that the parties
or any of them, claiming a lien, have II lien
upon said building and land, the court may de-
| cree that said property, or such interest in 1t
| as is subject to the liens, or any of them, shall
| be sold, and shall prescribe the place, time,
| terms, manner and conditions of such sale.
| And any justice, in term time or vacation, may
| order an adjournment OF such sale from time
| to time. And a deed OF the officer of the court,
appointed to make such sale recorded in the
registry of deeds where the land lies, within
three months after the sale, shall convey all the
| title OF the debtor and the owner in the prop
| erty ordered to be sold. Andif justice requires,
| the court may provide in the order of sale, that
| the owner shall have a right to redeem the
| property from such sale within a time fixed in
| the order of sale. II the court shall determine
| that the whole of the land, on which the lien
exists is not necessary therefor, it shall de-
| scribe in the order of sale suitable lot there
| for, and only so much shall be sold. The lien
ors shall share, pro rata; provided, their bills
OF petitions therefor are filed with the clerk OF
court prior to the order OF sale, and within the
ninety days mentioned in sections two. and
| three. The court may make such decree in re-
gard to costs as is equitable.
! SECT. g. If the proceeds of the sale after
payment OF costs and expenses of sale, are in
sufficient to pay the lien claims and costs in
full, the court may render Judgment against
| the debtor i'll favor of each individual lienor,
for the balance of his claim and costs remain
| ing unpaid, and may issue executions therfor.
| If the proceeds of sale after the payment Of
| costs and expenses of sale, are more than suff-
cient to pay the lien claims and all costs in full
the balance remaining shall be paid to the per-
son or persons legally or equitably entitled
| thereto.
SECT. 7. Any owner of a building real
estate, upon which q lien is claimed as afore-
said, may petition in writing a justice of the
supreme judicial court in term time Yaca-
/ ton, setting forth the name of the ienor the
Ecourt and county in which it is returnable or
| pending, the fact that lien is claimed thereon
under sections thirty thirty one, thirty 1.-TWO and
th1rty-three of said chapter, the particular
building or real estate, and his interests there
in, its value and his desire to have it released
T from said lien. Such Justice shall issue a
written notice, which shall be served on the
lienor, or his attorney, ten days at least, prior
| to the time fixed therein for a hearing AT the
| hearing, such justice may order such owner to
give bonds to the lienor, in such amount and
with such sureties as he may approve, condi-
toned to pay the amount, for which such lienor
may be entitled to lien, as determined by
/ the court with his costs on the petition, within
thirty days after final decree or judgment
| The clerk shall give the petitioner an attested
| copy of the petition and proceedings, with d
certificate under seal of the court attached
| thereto, that such bond has been duly filed in
| his office; and the record of such copy and GER
| titicate in the registry of deeds, in the county
| vacateS the lien.
SECT. s. When any bill or petition provided
| for in this act in which a lien is claimed on
real estate is filed with clerk, he shall forth
with fila certificate setting forth the names of
the pal ties, the date of the Dill OF petition, and
| of the filing thereof, and description of the
| said real estate described in said bill or pc
tition in the registry of deeds Cor the county
in which the land is situated. The register
| shall record the same in a suitable book, and
shall receive therefor the sum of twenty five
cents For each such certificate the clerk shall
| be entitled to receive the sum of twenty -fv e
| cents.
SECT. 9. All acts and parts of acts inconsis-
tent herewith are hereby repealed, but the
passage of this act shall not affect suits pend
| ing when it takes effect
| [Approved February 2l.l
/
AN ACT to amend section fifty four, chapter
| forty, of the Revised Statutes, as amended by
/ chapter two hundred and seventy one of the
Public Laws OF one thousand eight hundred
and elghty-hve, relating to the number of
/ pounds of Trout and Salmon to be taken.
/ SECT. l. Section fifty four of chapter forty
of the revised statutes, as amended by chap
| ter two hunurediand seventy-one, public laws
of one thousand eight hundred and eighty five,
4 is hereby amended as follows: By striking out
the word fifty in the third line, and insert
fvTa ef.,,
the word Fifty" in the eighth and twelfth lines
of said section, and inserting the word TWEEN
tyfive'; also, by adding to said section the fol
/ lowing words, provided, however, that the
taking OF one fish, additional when having
less than twenty-five pounds, shall not be re-
garded violation or the law; SO that said
n section, as amended, shall read as follows
/ SECT. 81. No person shall take, catch, kill
OF have in possession, at any one time, for the
/ purpose of transportation, more than twenty
five pounds of landlOcked salmon or trout, in
ALL nor shall any such be transported except
in the possession of the owner thereof, under a
penalty of fifty dollars for the offense, and five
| dollars for every pound of land locked salmon
or trout, i'll ALL so taken, caught, killed, in pos
session, or transportation, in excess of twenty.
| five pounds, and all such fish transported In
! violation of this section, may be seized, on
complaint, and shall be forfeited to the prose
cutor. Whoever has in his possession more
than twenty-five pounds i'll all of such fish
/ shall be deemed to have taken them in viola
! ton of this section: Provided, however, that
the taking of one fish additional, when having
less than twenty-five pounds shall not be re
| garded u violation of the law
4 Improved February 81.
| Chapter 80.
AN ACT to amend section five of chapter one
hundred and eleven of the Revised Statutes
/ relating to Personal Property bargained and
delivered to another, which shall remain the
property OF the seller till paid for.
SECT. |. Section five of chapter one hun
bred and eleven OF the revised statutes, is
hereby amended by striking out all after the
word another in the second line, and insert
ing instead thereof the following shall re
main the property of the seller till paid for is
valid unless the same is in writing and signed
by the person to be bound thereby And when
So made and signed, whether said agreement
is, or is called note, lease, conditional sale,
purchase on inStallmentS, or by any other
name, and in whatever form il NAV be, it shall
not be valid except between the original
parties thereto, unless it is recorded in the of.
flee of the clerk of the town in which the pul-
chaser resides at the time of the purchase
The fee for recording the same shall be the
same as that for recording mortgages of per.
sonal property. All said agreements, whether
recorded or not shall be subject to redenlp-
ton; but the tile may be foreelosed in the
same manner as is provided for mortgages of
personal property so that said section as
amended, shall read as follows:
SECT. 8. No agreement that personal prop
erty bargained and delivered to another, shall
n q Orop nj IA Hon "A