Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-03-29


n bill rs aforesaid he filed with the clerk With
In ninety days afterihe last labor is performed,
or the last labor or materials are iurnisheu by
,, rs aforesaid Inc court may z; eons on
same property, into one seeding, II justice
shall so require. Any MORTGAGE or Other per
son having claim upon, or interested legally
party. The court shall nave power To deter
mine all questions of priority of lien or inter-
est, If amy, between parties 10 the proceeding.
SECT. 4. The court shall determine the
amount for which each lienor has \ hen upon
the property, by jury trial, il either party so
requests in bill, petition or answer; Otherwise
In such manner rs the court shall direct And
such determination shall be conclusive as To
the fact anu amount OF the lien subject TO ap
peal and exceptions according 10 the practice
in equity. Any lienor may contest another
lenors claim upon issues framed under dircc-
ton of the court.
SECT. 5. Ii it is determined that the parties
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 II
rs 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
Ana 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 10 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. And If justice requires,
the court may provide In the order of sale, that
the owner shall have right 10 redeem the
property from such sale within a time liked 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, II shall de-
scribe in the order of sale a suitable lot there
for, and only so much shall be sold. The lien
ors shall share, pro rata; provided, their bills
or 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. q. 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 favor of each individual lienor,
for the balance of his claim and costs remain
ing unpaid, and may issue executions therfor.
Ii The proceeds of sale after the payment OF
costs and expenses OF sale, are more than suffi-
cient to pay the lien claims and all costs i'll full
the balance remaining shall be paid TO the per-
son or persons legally or equitabiy entitled
thereto.
SECT. I. Any owner OF building or real
estate, upon which Il lien is claimed as atore-
said, may petition in writing justice of the
supreme judicial court in term time or vaca-
ton, setting forth the name of the lienOr, the
court and county in which it is returnable or
pending, the fact that lien is claimed thereon
under sections thirty thirty -one, thirty-two and
building or real estate, and his interests there.
in, its value and his desire to have it released
from said lien. Such justice shall issue n
written notice, which shall be served on the
henor, 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 lenor, in such amount and
with such sureties as he may approve, condi-
toned to pay the amount, for which such licnor
may be entitled to a lien, rs 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
certificate under seal of the court attached
thereto, that such bond has been duly fflea In
his office; and the record of such copy and GER
tificate in the registry of deeds, in the county
where such rea. estate or interest therein lies,
vacates the lien.
SECT. 5. When any bill or petition provided
for in this act in which II lien is claimed on
real estate is filed with clerk, he shall forth
with file certificate setting forth the names of
the parties, the date OF the bill or petition, and
of the filing thereof, and description of the
said real estate as described in said bill or pc
tition i'll the registry of deeds for the county
in which the land is situated. The register
shall record the same in q 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 five
cents.
SECT. 8. 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.
Improved February 81
Chapter 81.
AN All 10 diflcUu SeCllOn uilN-lOUT, Cn0pIeT
forty, of the Revised Statutes, as amended by
chapter two hundred and seventy one of the
Public Laws OF one thousand eight hundred
and eighty.five, relating to the number Of
pounds of Trout and Salmon to be taken.
SECT. 1. Section fiity-four of chapter forty
of the revised statutes, as amended by chap
ter two hundred and seventy one, public laws
of one thousand eight hundred and eighty five,
is hereby amended as follows: BY striking out
the word "fifty" in the third line, and insert
the word 'twenty-ive;' also, by striking out
of said section, and inserting the word 'twen-
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 a violation OF the law; so that said
section, as amended, shall read as follows:
SECT. "a. No person shall take, catch, kill,
or have in possession, at any one time, for the
purpose of transportation, more than twenty
five pounds of land-lockcd salmon or trout, in
all, nor shall any such be transported except
in the possession of the owner thereof under
penalty of fifty dollars for the oifense, and five
dollars for every pound of land-locked salmon
or trout, in all so taken, caught, killed, in pos
session, or transportation, in excess of twenty
1--WE 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 snail not be re-
garded a violation of the law
Improved February 2l.]
Chapter 80.
AN ACT TO amend section five of chapter one
hundred and eleven of the Revised Statutes,
relating to Personal Property bargaiDed 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 'sanother" 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 iii 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,
name, and in whatever form 1t may be, IL shall
not be valid except as between the original
parties thereto, unless 1t is recorded In the Of
flee of the clerk of the town in which the pur-
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
ton; but the title may be fOreclosed in the
same manner as is provided for mortgages Of
personal property so that said section as
amended, shall read as follows:
SECT. 5. No agreement that personal prop
erty bargained and delivered TO another, shall
remain the property of the seller till paid for,
is valid unless the same is in writing and
signed by the person TO he bound thereby.
And when 80 made and signed, whether said
agreement is, or is called a note, lease, copdi
tional sale, purchase oninstallments,O r by any
other name, and in whatever form II may be,
il shall not be valid, except as between the
original parties thereto. unless 1t is recorded