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does not follow the law, has no interest in the property that would entitle him to become a party in foreclosure of an after-acquired mortgage. 1, 427. The risk of all payments made to the contractor before the expiration of sixty days is upon the owner. 21, 146 (31 N. W., 673). A subcontractor only has a lien for material actually used or ordered. 17, 631 (24 N. W., 208). Lien may be assigned and assignee maintain action. 4, 58.

2157. Proceedings to secure.-Any person entitled to a lien under this chapter shall make an account in writing of the items of labor, skill, machinery, or material furnished, or either of them, as the case may be, and after making oath thereto shall, within four months of the time of performing such labor and skill, or furnishing such machinery or material, file the same in the office of the register of deeds of the county of which such labor, skill, and materials shall have been furnished, which account so made and filed shall be recorded in a separate book to be provided by the register of deeds for that purpose, and shall from the commencement of such labor or the furnishing such materials for two (2) years after the filing of such lien operate as a lien on the several descriptions of such structures and buildings and the lots on which they stand, as in the first section of this chapter named. When When any labor has been done or materials furnished as provided on a written contract, the same or a copy thereof shall be filed with the account herein required. And if any promissory note shall have been taken for any such labor or materials it shall be sufficient, to secure the lien provided for in sections one and two hereof [2155-6], to file in the office of the register of deeds a copy of such note within the time aforesaid, together with a sworn statement that the sum for which said note was given, or any part thereof, is due for labor and material used for the purpose herein before mentioned, giving in such statement the items of such labor and material, and such lien shall be for the amount so shown to be due for such labor and material, with interest at the rate specified in said note; Provided, Nothing herein contained shall be taken to prevent the ascertainment by proceedings at law, or otherwise, of the amount actually due for such labor and material, and such lien shall be for no larger sum than the amount actually due therefor.*

* Words" county clerk" changed to "register of deeds" in these two sections, 1887, p. 374. What is a sufficient compliance with this section. 15, 640 (19 N. W., 601). Where the contract is for an entire sum when job is completed, itemized account neednot be filed. 16, 156 (20 N. W., 116). Material delivered at different times held to be but one delivery as of last date; court may apportion lien to the several lots. 17, 389 (23 N. W., 3). Oath may be made by agent of party entitled to lien. 15, 3 (16 N. W., 759). Not necessary to allege in affidavit that defendant is owner of property. 22, 660 (35 N. W., 894). Father acting for his daughter makes lien on daughter's property good. 22, 130 (34 N. W., 104).

2158. Judgment on account.-Every person holding any lien under this chapter may proceed to obtain a judgment for the amount of his account thereon by civil action. And when any suit or suits shall be commenced on such accounts within the time of such lien, the lien shall continue until such suit be finally determined and satisfied.

2159. Completion of building by workmen.-When the owner or owners of any house or building, or his or their agent, as described in this chapter, shall suspend its progress or completion without the consent of such laborers, mechanics, or furnishers, or if the progress or completion of the same be suspended by the decease of the owner or owners at a stage when from its unfinished state such structure would go to waste, the laborers, mechanics, and furnishers thereto, or any of them, may, at their election, proceed with the same at their own cost, so far as to enclose such building, and thereby prevent such waste, provided such work so done after such suspension shall be according to the contract and plan of the owner or

owners.

2160. Defective title-Lease.-If the person or persons who may erect, as

owner or owners, any building described in first section of this chapter [2155] be not, at the suspension or completion of the same, possessed of a legal but equitable title to the ground on which the same is erected (if the same be a fixture), and the fact of such defect of title be made to appear to the court before any judgment or judgments under this chapter may have been obtained, or if the same be returned by any legal officer to whom any execution under this chapter shall be directed, in either case the court shall direct the officer, who has returned or is authorized by law to serve such executions, to rent or lease such buildings until the rents or issues thereof shall pay and satisfy the several liens on which judgments may be had against the same; Provided, This law shall not be so construed as to interfere with prior bona fide liens, on grounds on which such buildings shall be erected as a fixture.

Where wife has knowledge that husband is building on her lot it is liable to lien. 28, 807 (44 N. W., 1136).

2161. Lease of premises by order of court.-In all other cases of judgment or judgments obtained in favor of any lien holder or lien holders, if the property bound by such lien will not sell on execution as provided by law in other cases, having been once duly offered, the court before whom such judgment or judgments may be obtained may direct the officer aforesaid to lease the same in the same manner and for the same purpose pointed out in the preceding section, and the officer giving such lease shall therein require the payment to be made to him or his successors in office, which said successor or successors shall have the same power and perform the same duties therein as the maker of the lease should or could do; and in cases where the money may be collected by said officer on a lease made, it, under this chapter, shall be his duty to forthwith pay the same into the court where the judgment or judgments were obtained, which money shall be distributed to the several lien holders interested in said judgment, in proportion to their several demands.

2162. Lien, how discharged.-All liens may be discharged by the payment of debt or judgment, with all legal costs, before the property on which liens attach be sold or leased under this chapter, and if any lien holder or lien holders, after the same be duly tendered him or them, shall proceed at law or shall refuse to give a due discharge from such lien, then such lien holder or holders shall forfeit all liens and pay all cost.

2163. Owner beyond process.-If the owner or owners of the property which is subject to a lien under this chapter be without the reach of process, or resident without the state, any lien holders may proceed by attachment against the same as in other cases, and the court before whom such attachment is pending on the entry of judgment, on return of the proper officer, shall have the same power to order a lease as is given in the seventh (7) and eighth (8) sections of this chapter [2161-2]. 2164. Rights of executors.-Executors and administrators under this chapter shall have the same rights and be subject to the same liabilities that their testators or intestate would or might have, if living.

2165. Fees of county clerk.-The county clerks, for filing and recording contracts and accounts ander this chapter, shall be paid the same fees that they are legally entitled to in other cases, and the cost of filing and recording such statement or contracts and accounts shall be recovered as part of the costs of enforcing the lien, unless the court shall otherwise order.

2166. Release of lien-Penalty. Each and every person in favor of whom any such lien has existed, after having received satisfaction of his debt, or after final judgment against him by a competent tribunal, showing that nothing is due by reason of such claims, shall, at the request of any person interested in the property on which the same was a lien, or who is interested in having the lien

removed, or if his or their legal representatives lodge a certificate with said clerk that said debt is satisfied and said lien removed, which said certificate shall be filed and recorded by the clerk on the margin of the record in the same manner that releases of mortgages are now by law required to be recorded, and when so recorded shall forever discharge and release said lien, and if such person, having received such satisfaction as aforesaid, by himself or attorney, or judgment having been rendered against him as aforesaid, shall not, within ten days after request in writing, lodge a notice in writing with the clerk, as is prescribed in this section, he or they neglecting or refusing to do so shall forfeit and pay to the party or parties so agreed any sum of money not exceeding one-half the debt claimed as a lien on such prop erty, according to the circumstances of the case, to be recovered by civil action, and the party lodging such certificate shall pay to the county clerk the costs of filing and recording the same.

2167. Insurance.-Any lien holder under this chapter who may deem himself in danger of loss or damage by fire, may notify in writing the owner or agent of property subject to such lien to insure the same in reasonable amount against such loss or damage; and if he shall fail or refuse to do so for the space of ten days, then the person or persons having such lien or liens may insure such property in an amount not to exceed two-thirds of the total amount of their liens, and may recover such proportion of the premium paid therefor, as the court shall deem just and proper as part of the costs of enforcing such lien.

2168. Remedy not exclusive.-Any person who shall hold a lien under the provisions of this chapter may, in addition to the remedy herein provided for, proceed by a petition in chancery as in other cases of liens against the owner or owners of, and all other persons interested, either as lien holders or otherwise, in any such house, mill, or manufactory, or other building or appurtenance, in the first section of this chapter mentioned, and the lot or lots of land on which the same shall stand, and obtain such final decree therein for the rent or sale thereof, as justice and equity may require, auything in this chapter to the contrary notwithstanding.

Secs. 2169 to 2171. "An act to make railroad, canal, bridge and ditching companies, and, companies and persons responsible for material furnished and labor performed in the construction repair, or improvement of any such works, and to secure the laborer and material-man a lien for his material furnished and labor performed." 1881, p. 267. In force June 1.

2169. That whenever any laborer upon any railroad, canal, viaduct, bridge, ditch, or other similar improvement in this state, shall have just claim or demand for labor performed on any such railroad, canal, bridge, ditch, viaduct, or other similar improvement against any person or persons who are or any company which is a contractor on such railroad, canal, viaduct, or bridge, or against any person or persons who are subcontractors with any person or persons or company contracting with any such railroad, bridge, viaduct, or ditching company for the construction of any part of such railroad, bridge, canal, viaduct, or ditch of any such company, every such railroad, canal, bridge, or ditch company shall be liabie to pay such laborer the amount of such claim or demand with ten per cent interest thereon; Provided, Such laborer shall have given notice within sixty days after the last item of labor shall have been performed, that he or she has such claim or demand. Such notice shall be given in writing and shall specify the peculiar nature and amount of the claim or demand, and shall be delivered to the president or vice president, superintendent, agent, or the managing director or chief engineer of any such company, or to the engineer in charge of that portion of the work, or any portion of the railroad, canal, viaduct, bridge, or ditch upon which such labor is performed.

A person may have a lien for material furnished a subcontractor for building a boarding shanty, and such lien dates from the furnishing of the material and is a lien on the road-bed. 28, 39 (44 N. W., 47). See 28, 591 (44 N. W., 1065).

2170. And when material shall have been furnished, or labor performed in the construction, repair, and equipment of any railroad, canal, bridge, viaduct, or other similar improvement, such laborer and material-man, contractor or subcontractor, shall have a lien therefor, and the said lien therefor shall extend and attach to the erections, excavations, embankments, bridges, road-bed, and all land upon which the same may be situated, including the rolling stock thereto appertaining and belonging, all of which, including the right of way, shall constitute the excavation, erection or improvement provided for and mentioned in this act.

.

2171. Every person, whether contractor or subcontractor or laborer or material-man, who wishes to avail himself of the provisions of the foregoing section shall file with the clerk of the county in which the building, erection, excavation, or other similar improvement, to be charged with the lien is situated, a just and true statement or account of the demand due him after allowing all credits, setting forth the time when such material was furnished or labor performed, and when completed, and containing a correct description of the property to be charged with the lien and verified by affidavit; such verified statement or account must be filed by a principal contractor within ninety days, and by a subcontractor within sixty days, from the date on which the last of the material shall have been furnished, or the last of the labor is performed; but a failure or omission to file the same within the periods last aforesaid shall not defeat the lien, except against purchasers or incumbrances in good faith without notice, whose rights accrued after the thirty or ninety days, as the case may be, and before any claim for the lien was filed; Provided, That when a lien is claimed upon a railway, the subcontractor shall have sixty days from the last day of the month in which said labor was done or material furnished within which to file his claim therefor; And Provided further, That when any such material is furnished or work done in any unorganized county in this state, such statement of the demand due, verified as aforesaid, may be filed in any county in this state into or through which any such railroad or canal may run, or in the organized counties lying next nearest east of the county where said work was done or material furnished; Provided further, That such lien shall continue for the period of two years, and that any person holding such lien may proceed to obtain a judgment for the amount of his account thereon by civil action; and when any suit or suits shall be commenced on such accounts within the time of such lien, the lien shall continue until such suit or suits be finally determined and satisfied.

Sec. 2172. "An act to secure the payment of mechanics' and laborers' wages on all public buildings where the provisions of the general mechanic's lien laws do not apply." 1889, p. 375. In force July 1.

2172. It shall be the duty of the board of public lands and buildings, boards of county commissioners, the contracting board of officers of all cities and villages, and all public boards now or hereafter empowered by law to enter into a contract for the erecting and finishing, or the repairing of any public building, bridge or other public structure to which the general provisions of the mechanic's lien laws do not apply, and where mechanics and laborers have no lien to secure the payment of their wages, to take from the person or corporation to whom the contract is awarded a bond with at least two good and sufficient sureties conditioned for the payment of all laborers and mechanics for labor that shall be performed in the erecting, furnishing, or repairing of the building or in performing the contract; said bond shall be to the board awarding the contract; and no contract shall be entered into by such board until the bond herein provided for has been filed with and approved by said board. The said bond shall be safely kept by the board making the contract and may be sued on by any person entitled to the benefit of this act. tion shall be in the name of the party claiming the benefit of this act.

The ac

CHAPTER 30.-LIQUORS.

Secs. 2173 to 2202, except sec. 2183. "An act to regulate the license and sale of malt, spirituous, and vinous liquors," etc. 1881, p. 270. In force June 1. (Repealing G. S. 1873, ch. 53, p. 851; Laws 1875, pp. 20 and 24). (Secs. 2193 to 2196 inserted 1889, p. 380.)

2173. The county board of each county may grant license for the sale of malt, spirituous, and vinous liquors, if deemed expedient, upon the application by petition of a majority of the resident freeholders of the town, if the county is under township organization, and if not under township organization, then a majority of the resident freeholders of the precinct where the sale of such liquor is proposed to take place, setting forth that the applicant is a man of respectable character and standing and a resident of this state, and praying that license may be issued to him; such application to be filed in the office of the county clerk and upon payment into the county treasury of such sum as the board may require, not less than five hun dred ($500) dollars for each license, and upon the compliance with the provisions of this act; Provided, Such board shall not have power to issue any license for the sale of any liquors in any city or incorporated village or within two (2) miles of the same; *Provided, In counties having one hundred and fifty thousand (150,000); inhabitants the county commissioners may also issue license within two (2) miles of any city in said county.

Former act required but thirty petitioners. Amended and all after* added 1891, p. 279. Held constitutional. 11, 555 (10 N. W., 481); 18, 323 (25 N. W., 338). Title of act broad enough to meet requirements of sec. 11, art 3, const. 27, 791-2 (43 N. W., 1150). Legislature has power to regulate and fix price of license. 7, 381. Wholesalers are amenable to this law as well as retailers. 17, 311 (22 N. W., 545). License money must be paid in before license issues. 6, 15. Thirty signers to petition is a necessary prerequisite to obtaining a license. 20, 469 (30 N. W., 531). Commissioners have a discretion as to whether they will issue license or not, and their action in that respect cannot be controlled by mandamus. 12, 56 (10 N. W., 571). Proper authorities of incorporated towns and cities exercise same authority as county commissioners. 5, 313. License fee a tax. 5, 516. Exaction of license fees is not taxation. 11, 556 (10 N. W., 481). See 20, 521 (30 N. W., 940).

2174. No action shall be taken upon said application until at least two weeks' notice of the filing of the same has been given by publication in a newspaper published in said county, having the largest circulation therein, or if no newspaper is published in said county, by posting written or printed notices of said application in five of the most public places in the town, precinct, village, or city in which the business is to be conducted, when, if there be no objections in writing made and filed to the issuance of said license, and the county board is in session, and all other provisions of this chapter have been fully complied with, it may be granted.

Newspaper need not have largest circulation in the city; in absence of charge of bad faith on part of applicant, his selection of a paper will not be inquired into. 29, 285 (45 N. W., 250). No action can be taken until two full weeks' notice has been given. 21, 495 (32 N. W., 593).

2175. If there be any objection, protest, or remonstrance filed in the office where the application is made against the issuance of said license, the county board shall appoint a day for hearing of said case, and if it shall be satisfactorily proven that the applicant for license has been guilty of the violation of any of the provisions of this act within the space of one year, or if any former license shall have been revoked for any misdemeanor against the laws of this state, then the board shall refuse to issue such license.

Remonstrance may be filed any time before the issuance of the license. 19, 169 (26 N. W., 707). Mandamus will issue to compel the proper hearing of remonstrance. License cannot issue

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