The Republican journal., 1895-12-26

more lenors may join in film, and prosecute
| Ing such a bill. Other lienors may be made
! parties, other ]encrS may become ptrties and
preserve and inforce their liens on said piop-
erty, provided, their petitions therefor, setin,
10TH their claims in substance, a5 required IN
a Din as aforesaid, be filed with the clerk with
IN ninety days after the last labor is performed,
nr the last labor or materials are furnished by
! them, as aforesaid. The court may consol-
uate two or more bills claiming liens ON The
same property, into one proceeding, IL justice
snaii SO require Any mortgage Or other per
son having claim upon, or interested legally
OF equltanly III said property, may be made
| party: The court shall have power 10 deter
mine al questions OF priority Of lien or inter
est, If any, between parties to the proceeding
SECT. 4. The court shall determine tile
amount for which each lienor has a lien upon
the property, by jury trial, if either party 50
! In such manner as the court shall direct. And
such determination shall be conclusive as to
the fact and amount of the lien subject to APP
peal and exceptions according to the practice
IN equity. ANY lienOr may contest another
Nenor's claim upon issues framed under Qirec-
| ton of the court.
Or any Of them, claiming lien, have u lien
upon said building and land, the court may de-
| cree that said property, or such interest in it
as y subject 70 tho liens, or any OF them, shail
| be sold. and shall prescribe tae place, time,
| terms, manner and conditions of such sale
And any Justice, in term time or vacation, may
| Oruer an adjournment OF such Eale from time
| to tiule. And 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 tho
| title OF the deator and the owner in the prop
effy ordered to be sold. Andlftustice reuurcs
| me court may provide III the order OF sale that
the owner shall have riglt to redeem the
| property from such sale within a inc fixed iii
the order OF sale. 1t the court sla II determine
that the whole Of the land, on which the lien
exists IS not necessary therefor, it shall de-
scribe 10 the order of sale q suitable lot there
for. and only so much shall og sold. The Hell
ors shall share, pro rata; provided, their bills
nnflf1onS thnrAfGl. q c rf
court prior TO the order OF sale, and within tile
ninety days mentioned in sections two and
three. Tile court may make such decree iii re-
| gard 10 costa as is equitable.
SECT. 6. 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 IN ta1 or Of each individual ienor,
tor the balance OF bis claim and costs remain
ing unpaid, ana may issue executions theriOr.
II the proceeds of sale after the payment Of
costs and expenses of sale, are more than sulf-
clent to Pay The lien claims and all costs in full,
the balance remaining shall be paid to the per-
son OF persons legally or equltaGly entitled
thereto.
SECT. Z. Any owner Of q building or real
estate, upon which a lien is claimed as afOre-
salds may petition in writing justice of tDe
supreme judicial court in term time on vac;,-
tion, setting forth the name Of the lienor, the
| court anG county in which it is Ieturnable OF
pending the fact that q lien is claimed thereon
under sections thirty, thirty -one thirty two and
thirty-three OF said chapter the particular
IN, Its value and his desire to have it released
from said lien. Such justice sinai, issue q
written notice, which shall be served the
lienor, or Iris attorney ten days at least, prior
to the time liked therein for a hearing. At the
hearing, such Justice may order such owner to
give bonds to the Ienor, in such amount and
With such sureties as he may approve, c0ndi- 4
toned to pay the amount, for which such leE0r
may be entitled to a lien, determined by
tne court with bis costs on the petition. within
thirty days after final decree judgment.
The clerk shall give the petitioner an attesieu
copy or the petition and proceedings, with q
certificate under seal of the court Attached
thereto, that such bond mas been duly fled in
his office; and the record Of such copy and GER
tihcate in the registry of deeds, in the county
where Slch reat estate or interest therein lies,
vacales tue lien.
SECT. s. When any bill or petition provided
for in this act in Which lien is claimed on
real estate is tiled with clerk he shall forth
with Tile certificate setting forth the names Of
the parties. the date OF the bill petition, and
OF the fling thereof, and a descri ption OF the
said real estate az described in said bill or pc
tition i'll the registry OF deeds for the county
in which the land is situated. Iho register
shall record the same in a suitable book, and
shall receive therefor the sum of twenty -1iye
cents. For each such certificate the clerk shall
be entitled to receive tue sum OF twenty -hy Q
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 1t takes effect.
lApprOvad February 2l.
Chapter 81.
AN ACT to amend section fifty-four cha apter
forty, OF the Revised Statutes, as amended by |
chapter two hundred and seventv-One Of the /
Public Laws OF one thousand eight hundred
and eighty.tive, relating to the number Of
pounds of Trout and Salmon to be taken.
SECT. !. Section Hity-tour OF chapter forty |
of the revised statutes, as amended bv chap |
ter two hundred and seven1y-one, public laws |
of one thousand eight hundred and eighty -iye |
is hereby amended as follows. i5y striking out |
the word '.ifty' in the third line, and insert |
the word twenty i've; nlso. BY striking out
the word "ntty'' in the eighth and twelfth lines
of said section, and inserting the word stwen- |
ty-tive', also. by adding to said section 4he iol-
lowing words. provided. however, that the |
taking OF one fsh, additional, when having |
less than twenty-five pounds, shll not be re |
garded d violation or Inc law; SO that said |
section, as amended shall read as follows.
SECT 54. No person shall take. catch, kill, t
or haSe in possession, at any one time, Tor the |
purpose of transportation, more than twenty !
five pounds OF iand-iocSea salmon or trout, in |
ALL EOr shall any such be transported e1esp. !
in the possession OF tle owner thereof under a |
penalty OF nifty dollars for the ofense, and Eve |
Or trout, III ALL 50 taken. caught, killed, IN pos
session, or transportation, in excess OF twenty
i've pounds, and all such 1ish 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-ive pounds IL all OF such FISH, |
ton Of this section; Provided, hove yer, that
the taking of one fish additional when having |
less than twenty-five pounds shall not be re- |
gardeu u ViO lation OF the law
IApproVed February q,
Chapter SO.
AN ACT to amend section five of chapter one |
hundred and eleven of the Revised Statutes, !
relating to Personal Property 5argained and |
delivered to another which shall remain the |
property of the seller till paid for.
SEGr. i. Section flve of chapter hun /
dreG and eleven Of the revised statutes, ls L
hereby amended by striking out ali after the !
word 'another' il the second line, and insert
ing instead thereof the following: SHAH re-
mann the property of the seller till paid for. is
valid unless the same is in writing and signed Il
by the person to be bouno thereby. And when
50 made and signed, whether stil agreement |
is, Or is called a n0te lease, conditional sale,
purchase on lnst2ments, or by any other
name. and ia whatever form it may be, it shall 4
not be valid except as between the original
parties thereto, unless it is recorded III the Of
lice of the clerk Of the town i'll which the T,ur-
chaser resides at the rilne of the purchase.
The fee for recording the same shall BE- the
same as that for recording. mortgages Of per
sonal property. All said asrcenlents, wtlethe.
recorded or not. shall be subject to redemu-
tion; but the title may be fbreciosed i'll the
same manner as is provided for mortgages Of /
personal property thai said section as
amended, shall read is follows
sSECT. s. No agreement that personal prop
erty bargained and delivered 10 another shall
remain the property OF the seller till paid Tor,
signed by the person to be bound thereby.
~