property declared by this act liable to such lien, for the amount due, or to become due to him, specifically setting forth the amount claimed; upon his failure to do so, the lien shall be lost. No such lien shall bind any building or wharf for a longer time than one year after the work is done, or the materials have been furnished, unless suit be brought in a proper court to enforce the same within that time, or if a credit be given, within one year from the expiration of the credit; but no lien shall be continued in force for a longer term than two years from the time the work is completed, or the materials furnished, by any agreement to give credit. The lien for work or materials, given by this act, shall be preferred to every other lien or incumbrance which attached upon the property subsequent to the time at which the work was commenced or the materials were furnished. Any mechanic or artisan who shall make, alter, or repair, any article of personal property, at the request of the owner or legal possessor of such property, shall have a lien on such property so made, altered, or repaired, for his just and reasonable charges, for his work done and materials furnished; and may hold and retain the possession of the same until such just and reasonable charges shall be paid; and if not paid for within the space of two months after the work shall have been done, such mechanic or artisan may proceed to sell the property by him so made, altered, or repaired, at public auction, by giving three weeks' public notice of such sale, by advertisenient, in some newspaper published in the county in which the work may be done; or if there be no such newspaper, then by posting up notices of such sale in three of the most public places in the town where such work was done: and the proceeds of said sale shall be applied, first, to the discharge of such lien, and the costs and expenses of keeping and selling such property, and the remainder, if any, shall be paid over to the owner thereof. LIEN ON VESSELS. Every boat and vessel used in navigating the waters of this state shall be liable1. For all debts contracted by the master, owner, agent, or consignee thereof, on account of supplies furnished for the use of such boat or vessel; on account of work done or services rendered on board of such boat or vessel; on account of labor done or materials furnished by mechanics, tradesmen, or others, in and for the building, repairing, and fitting out, furnishing or equipping such boat or vessel. 2. For all sums due for the wharfage or anchorage of such boat or vessel within the state. 3. For demands or damages accruing from the non-performance or mal-performance of any contract touching the transportation of persons or property, entered into by the master, owner, agent, or consignee, of the boat or vessel on which such contract is to be performed; and 4. For all injuries done to persons or property by such boat or vessel: provided the wages of mariners, boatmen, and others, employed in the service of such boats and vessels, shall have the preference, and be first paid. Any person having a demand as aforesaid, instead of proceeding for a recovery thereof against the master, agent, owner, or consignee, of a boat or vessel, may, at his option, institute suit against such boat or vessel by name. All actions against a boat or vessel, under the provisions of this act, shall be commenced and sued within fifteen days after the cause of such action shall have accrued. Chattel Mortgages. No mortgage of personal property hereafter made shall be valid against any other persons than the parties thereto, unless possession of the mortgaged property be delivered to and retained by the mortgagee. Law regulating Contracts. IN the following cases, every agreement shall be void, unless such agreement, or some note or memorandum thereof, expressing the consideration, be in writing, and subscribed by the party charged therewith : 1. Every agreement that by the terms is not to be performed within one year from the making thereof. 2. Every special promise to answer for the debt, default, or miscarriage, of another. 3. Every agreement, promise, or undertaking, made upon consideration of marriage, except mutual promises to marry. Every contract for the sale of any goods, chattels, or things in action, for the price of two hundred dollars or over, shall be void, unless 1. A note or memorandum of such contract be made in writing, and be subscribed by the parties to be charged therewith; 02~-~~-~ 2. Unless the buyer shall accept or receive part of such goods, or the evidences, or some of them, of such things in action; or 3. Unless the buyer shall at the time pay some part of the purchase-money. Whenever any goods shall be sold at auction, and the auctioneer shall, at the time of sale, enter in a sale-book, a niemorandum, specifying the nature and price of the property sold, the terms of the sale, the name of the purchaser, and the name of the person on whose account the sale is made, such memorandum shall be deemed a note of the contract of sale within the meaning of the last section. No estate or interest in lands. other than for leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the came, or by his lawful agent thereunto authorized by writing. Every instrument required by any of the provisions of this act to be subscribed by any party, may be subscribed by the lawful agent of such party. Limitation of Actions. No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question, within five years before the commencement of such action. No cause of action, or defence to an action founded upon the title to real property, or to rents or services out of the same, shall be effectual, unless it appear that the person prosecuting the action, or making the defence, or under whose title the action is prosecuted, or the defence is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question, within five years before the commencement of the act in respect to which such action is prosecuted or defence made. No entry upon real estate shall be deemed sufficient or valid as a claim, unless an action be commenced thereupon within one year after making such entry, and within five years from the time when the right to make such entry descended or accrued. If a person entitled to commence any action for the recovery of real property, or to make an entry or defence, founded on the title to real property, or to rents or services out of the same, be, at the time such title shall first descend or accrue, either1. Within the age of twenty-one years; or 2. Insane; or 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence, for a term less than for life; or 4. A married woman The time during which such disability shall continue shall not be deemed any portion of the time in this act limited for the commencement of such action, or the making of such entry or defence; but such action may be commenced, or entry or defence made, within the period of five years after such disability shall cease, or after the death of the person entitled, who shall die under such disability: but such action shall not be commenced, or entry or defence made, after that period. Actions, other than those for the recovery of real property, can only be commenced as follows: Within five years: an action upon a judgment or decree of any court of the United States, or of any state or territory within the United States. Within four years: an action upon any contract, obligation, or liability, founded upon an instrument of writing, except those mentioned in the preceding section. Within three years: 1. An action upon a liability created by statute, other than a penalty or forfeiture. 2. An action for trespass upon real property. 3 An action for taking, detaining, or injuring, any goods or chattels, including actions for the specific recovery of personal property. 4. An action for relief on the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud. Within two years: 1. An action upon a contract, obligation, or liability, not founded upon an instrument of writing, exci pt an action on an open account, for goods, wares, and merchandise, and an action for any article charged in a store account. 2. An action against a sheriff, coroner, or constal le up n the liabii y incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution. But this section shall not apply to an action for an escape. Within one year: 1. An action upon a statute for a penalty or forfeiture, where the action is given to an individual, or to an individual and the state, except where the 8.atnte impo-ing it prescribes a different limitation. 2. An action for libel, slander, assault, battery, or false imprisonment. 3. An action upon a statute for a forfeiture or penalty to the people of this state. 4. An action against a sheriff or other officer for the escape of a prisoner, arrested or imprisoned on civil process. 5. An action on an open account, for goods, wares, and merchandise, soid and delivered. 6. An action for any article charged in a store account. In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cau-e of action shall be deemed to have accrued from the time of the last item proved in the account on either side. If a per on, entitled to bring an action mentioned in the last preceding chapter, except for a penalty or forfeiture, or against a sheriff or other officer for an escape, be, at the time the cause of action accrued, either-first, within the age of twenty-one years; or, second, insane; or, third, imprisoned on a criminal charge, or in execution under the sentence of a criminal court, for a term less than his natural life; or, fourth, a married woman: the time of such disability shall not be a part of the time limited for the commencement of the action. When a person shall be an alien subject, or citizen of a country at war with the United States, the time of the continuance of the war shall not be part of the period limited for the commencement of the action. No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this statute, unless the same be contained in some writing, signed by the party to be charged thereby. Collection of Debts. ARREST.-No person shall be arrested in a civil action except as prescribed by this act; but this provision shall not apply to proceedings for contempt. The defendant may be arrested in the following cases : 1. In an action for money received, or property embezzled or fraudulently misap plied, by a public officer, or by an attorney or counsellor, or by an officer or agent of a Corporation, in the course of his employment as such, or by any factor, agent, broker, or other person in a fiduciary capacity. 2. When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought, or in concealing or disposing of the property for the taking, detention, or conversion of which, the action is brought. 3. When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors. But no female shall be arrested in any action. ATTACHMENT.-Any creditor shall be entitled to proceed, by attachment in the district court, against the property of his debtor, in the manner provided in this act. Before any writ of attachment shall be issued, the plaintiff, his agent or attorney, shall take and subscribe an affidavit in writing that the defendant is indebted to the plaintiff in the sum of two hundred dollars or over, specifying the amount of such indebtedness as near as may be, over and above all legal set-offs, and that the sum is due upon contract, express or implied, and that the deponent knows, or has good reason to believe, either 1. That the defendant has absconded, or is about to abscond from this state, or that he is concealed therein, to the injury of his creditors; or 2. That the defendant has removed or is about to remove any of his property out of this state, with intent to defraud his creditors; or 3. That he fraudulently contracted the debt, or incurred the obligation, respecting which the suit is brought; or 4. That the defendant is a non-resident of the state; or 5. That the defendant has fraudulently conveyed, disposed of, or concealed his prop erty, or a part of it, or is about fraudulently to convey, dispose of, or conceal the same, or a part of it, with intent to defraud his creditors. |