of sub contractor against or other person who shall have performed work or labor, Right of action or furnished materials for any such building or super- or other persons structure, or other property made subject to a lien as herein for whom labor provided, would otherwise have against the person or or materials furpersons for whom such work or labor was performed, or materials were furnished. was performed nished, not to be affected. Acknowledgment of satisfac ion of lien; forfeiture in case have same en 1662. SEC. II. The claimant of any of such lien, filed as aforesaid, on the payment of the amount thereof, together with the cost of filing and recording such liens, of failure to and the acknowledgment of satisfaction, shall, at the tered of record request of any person interested in the property charged therewith, enter or cause to be entered an acknowledgment of satisfaction of the same of record within ten days after such request, and on failure to enter such satisfaction within that time, the claimant shall forfeit and pay to the person requesting the satisfaction, the sum of twenty dollars per day until the same shall be entered, to be recovered in the same manner as other debts. 1663. SEC. 12. Two or more creditors of the same Assignment of claims and rights class may assign their claims, duly verified, to any other of assigns. creditor of the same class. Assignee of such claims may claim and hold his lien as provided in this act. AN ACT TO AMEND AN ACT, ENTITLED AN ACT TO SECURE LIENS [Session Laws, 1876.] Lien for labor performed or materials fur mence from date notice which owner either 1664. SECTION I. A sub-contractor, journeyman, laborer, or other person entitled to a lien under the provisions of the act to which this is amendatory, who.intends nished to comto furnish any materials or perform any labor for which of record of such lien is given, may, at his option, give a notice in writ- may be given to ing to the owner or owners of any property for which such before or after performance of materials may be furnished, or upon which such labor may labor or furnishbe performed, of his intention to claim such lien, stating the probable value of the materials to be furnished, or the probable value of such labor to be performed, as near as may be, with a description of the property to be affected thereby; and this notice may be given before he begins to ing materials. Filing of statement not dis pensed with, nor the giving of notice not obligatory. Notices given, furnish such materials, or before he begins to perform such labor; and, at his option, he may give such notice at any time after he begins to furnish such material, or to perform labor, and before the completion of his undertaking to furnish materials, or before the completion of his work; and from the time he shall have given such notice, and had the same recorded, as hereinafter prescribed, he shall have from the date of its record a lien for such materials thereafter furnished, or such labor thereafter performed by him, not exceeding the sum stated in such notice, and due to him, and every such notice shall have endorsed upon it the affidavit of the person giving such notice, that he claims such lien in good faith. 1665. SEC. 2. Nothing in this act shall be so construed as to dispense with the filing of the statement by sub-contractors, journeymen, laborers, and other persons claiming liens, in the time, manner, and form required in the second, third, fourth and fifth sections of the act to which this is amendatory; nor shall anything in this act be so construed as to compel such sub-contractors, journeymen, laborers, or other persons claiming liens to give the notice to the owner or owners of property aforesaid allowed by the first section of this act; but such persons may, at their option. proceed to secure a lien under the act to which this is amendatory. 1666. SEC. 3. A copy of all such notices as are reto be recorded. quired by the first section. of this act shall be recorded in the office of the recorder of the county where the property set forth therein is situated, as statements are required to be recorded by the second section of the act to which this act is amendatory, and shall have the same effect from the date of their record, as the filing of the statements required by the second section of the act to which this act is amendatory. In what manner 1667. SEC. 4. If the owner or owners of the property service of notice upon whom notices are required by this act to be served may be made. by sub-contractors, journeymen, laborers and other persons claiming liens, are non-residents of this state, or cannot be found in the county where the property sought to be subjected to a lien is situated, then such notices may be served upon an agent superintending the work on such property for such owner or owners in such county; and, if there be no such agent in such county, then such notice shall be posted up in some conspicuous place on said property, and proof of the service of any notice shall be made by the person serving or posting the same, making affidavit upon a copy thereof; but this mode of proof shall not affect the notice required to be published in a newspaper, as in the next following section. 1668. made defendants enforce lien. SEC. 5. In a proceeding by sub-contractors and who shall be all other persons, under section nine of the act to which in action to this is amendatory, to enforce a lien against any property whatever, the owner or owners thereof, the contractor or contractors for any building, superstructure, work or labor thereon, and all persons interested in the same, shall be made parties defendant; and the plaintiff shall cause the notice to be published, as required in said section, against all persons holding or claiming liens on the property, which said notice shall be directed to such persons generally, giving therein a description of the property against which the lien is claimed. Liens in excess contractor fro'n owner not to be given sub 1669. SEC. 6. Nothing in this act, nor in the act to which this is amendatory, shall be so construed as to give of amount due a lien or liens to any sub-contractor, journeyman, laborer, or other person which singly exceeds, or in the aggregate contractor, etc. exceeds the amount due or to become due to the contractor from the owner of the property, upon the contract between them, for the work of such contractor upon such property. Penalty for fail ure to enter satisfaction of claim or withdrawal of notice in case of materials or per payment there 1670. SEC. 7. If, after the filing of a notice allowed by the first section of this act, the person filing the same shall not proceed to furnish materials or perform labor under the same and pursuant thereto, or shall be paid for such mate- failure to furnish rials or labor, he shall immediately enter (as the case may form labor, or require,) a withdrawal of said notice or satisfaction of his for. claim under it on the record thereof, to be attested by the recorder, and, if he shall fail to do so within five days after notice in writing given to him by the owner, or his agent, of the property affected, he shall forfeit and pay to the owner of such property for each such failure, the sum of twenty dollars, and for a refusal to do so, the sum of fifty dollars the first refusal, and one hundred dollars for each subsequent refusal. What actions shall be barred menced within if not com six years rom accruing thereof. What actions barred if not commenced within one year. When actions CHAPTER LX. LIMITATIONS. [ Revised Statutes, Chapter LV. ] 1671. SECTION I. The following actions shall be commenced within six years, next after the cause of action shall accrue, and not afterwards: First-All actions of debt founded upon any contract or liability in action. Second-All actions upon judgments rendered in any court not being a court of record. Third-All actions for arrears of rent. Fourth-All actions of assumpsit, or on the case founded on any contract or liability, express or implied. Fifth-All actions for waste, and for trespass on land. Sixth-All actions of replevin, and all other actions for taking, detaining or injuring goods or chattels. Seventh-All other actions on the case, except actions for slanderous words, and for libels. 1672. SEC. 2. All actions for assault and battery, and for false imprisonment, and all actions for slanderous words and for libels, shall be commenced, within one year, next after the cause of action shall accrue, and not afterwards. 1673. SEC. 3. All actions against sheriffs, or other offifor escapes to be cers for the escape of persons imprisoned on civil process, shall be commenced within six months from the time of such escape, and not afterwards. commeuced. Actions against oners for official acts. 1674. SEC. 4. All actions against sheriffs and coroners, sh riffs and cor- upon any liability incurred by them, by the doing of any act in their official capacity, or by the omission of any offiduty, except for escapes, shall be brought within one year after the cause of action shall have accrued, and not after that period. 1675. SEC. 5. In all actions of debt or assumpsit, brought to recover the balance due upon a mutual and action deemed open account current, the cause of action shall be deemed when cause of to have accrued at the time of the last item proved in to have accrued in such account. on open account. What actions commenced years. 1676. SEC. 6. All personal actions, on any account not limited by the foregoing sections, or by any other law, in barred unless this state, shall be brought within three years after the ac- within three cruing of the cause of action, and not afterwards. 1677. SEC. 7. All the provisions of this chapter shall set off on part of apply to the case of any debt or contract, alleged, by way limitation comof set-off, on the part of a defendant; and the time of puted. limitation of such debt, shall be computed, in like manner as if an action had been commenced therefor, at the time when the plaintiff's action accrued. defendant; how Actions for pen ures to be com 1678. SEC. 8. All actions and suits, for any penalty or forfeiture of any penal statute brought by this state, or any alties and foricitperson to whom the penalty or forfeiture is given, in whole menced within in part, shall be commenced within one year next after the offence is committed, and not after that time. one year limited by stat ute. 1679. SEC. 9. The preceding section shall not apply In case of suits to any suit which is or shall be limited by any statute to be brought within a shorter time than is prescribed therein, but such suit shall be brought within the time that may be limited by such statute. Limitations to of equity having diction with 1680. SEC. 10. Whenever there is a concurrent jurisdiction in the courts of common law and in courts of apply to courts equity, of any cause of action, the provisions of this chap- concurrent jurister limiting the time for the commencement of a suit for courts of law. such cause of action in a court of common law, shall apply to all suits hereafter to be brought for the same cause in the court of chancery. where courts of clusive jurisdic 1681. SEC. II. The last section shall not extend to Not to apply suits over the subject matter of which a court of equity equity have exhas peculiar and exclusive jurisdiction, and which subject tion. matter is not cognizable in the courts of common law. 1682. SEC. 12. Bills for relief, on the ground of fraud Actions for relief shall be filed within three years after the discovery by the fraud to be aggrieved party, of the facts constituting such fraud, and within three not afterwards. 1683. SEC. 13. Bills of relief, in case of the existence, of a trust not cognizable by the courts of common law, on ground of commenced years. |