posing of such

&c. within

other way disposing of said logs, masts, spars or other tim- Penalty for disber, or any part thereof, within the term of three months logs, timber, from the time of taking up and advertising the same in man- three months, ner aforesaid, unless he purchases the same of the lawful owner, shall be liable to pay the owner thereof treble the value of such logs, masts, spars or piece of timber, with costs of suit, on being convicted thereof; to be recovered by ac- to be recovered tion of debt, in any Court of competent jurisdiction: Pro- debt. vided, That a passage way shall be kept open by the owners Passage way to of said bridge to the slip, which is made on the east side of be left open to Saco river, for the running of boards and other timber so that the proprietors of the said slip may possess all the advantages which they have heretofore enjoyed by said slip.

by action of

the slip.

logs. &c. with

against person

less, &c.

SEC. 6. Be it further enacted, That when any person shall Possession of be prosecuted for the breach of this Act for any logs, masts, marks eut out, spars or timber being found in his possession with the marks to be evidence cut out, or altered, as aforesaid, it shall be considered as evi- possessing, un dence against the person possessing the same, as being guilty of a breach of this Act; unless such person shall give reasonable satisfaction to the Court or Jury which tries the cause, that neither he himself, nor any other person by his order, or for or under him did so alter or deface the marks on the

same.

Penalty for

Androscoggin,

Great and Lit

rivers.

SEC. 7. Be it further enacted, That if any proprietors or ropping logs, owners of any boom or booms in or across Saco river, the &c.in dag great Androscoggin, Kennebec river, below Merry Meeting Kennebec, Bay, so called, Great Ossipee and Little Ossipee rivers afore- the Ossipee said, shall unnecessarily detain or suffer to remain therein, any logs, masts, spars or other timber, which ought to be turned through the same, they shall forfeit and pay to the owner or owners of such logs, masts, spars, or other pieces of timber, unnecessarily detained or suffered to remain therein, the sum of two dollars for each log, mast, spar or other piece of timber, so detained, to be recovered in the manner mode of recov provided in the fifth section of this Act: Provided however, Such detention aforesaid shall not exceed six days.

ery.

Saco river, how

tors of booms,

SEC. 8. Be it further enacted, That all logs, masts, spars, Prize logs in and other timber, the marks on which have been so defaced to be disposed as not to be known, (commonly called prize logs,) shall be of by proprie turned from and through the several booms in Saco river &c. until they arrive at the Saco boom; the proprietors of which boom shall carefully raft the same by themselves, and on the first Monday of August in each year shall sell the same at public auction to the highest bidder, first giving notice of such sale, by posting up advertisements thereof in some public place in the towns of Saco, Biddeford, Buxton, and Hollis, twenty days at least before the day of sale; and the proceeds of such sale, after deducting the expense of securing and selling the same, shall be appropriated to the clearing and removing obstructions, to the passage of logs and other timber,

Penalty for

such booms,

of such logs,

as aforesaid, down Saco river, and be immediately paid to such committee or committees, agent or agents, as shall by said Saco boom proprietors be legally appointed for that purpose; otherwise to the Selectmen of the towns of Saco, Biddeford, Buxton, and Hollis, in proportion to their population, for the use of the poor of said towns; and any person or persons not the owners thereof, who shall take, carry away, sell or mark anew any such prize logs, masts, spar, or any piece of timber, contrary to the foregoing provision, shall forfeit and pay for each and every such offence the sum of twenty-five dollars, to be recovered by an action of debt, in any Court proper to try the same, with legal costs, by the proprietors of Saco boom; to be appropriated in the way and manner and for the purpose before mentioned in this Section.

SEC. 9. Be it further enacted, That if the proprietors aforeproprietors of said, or any of them who by this Act are authorized and di&c. disposing rected to take care of and secure such prize logs and other contrary to this timber aforesaid, as shall from time to time be taken up and secured at Saco boom aforesaid, for the purpose aforesaid, their agents or servants, shall knowingly suffer the same to be taken away or disposed of, contrary to the intent of this Act, for each and every such offence shall pay a fine not less than twenty-five dollars nor more than fifty dollars, for each log, mast, spar, or other piece of timber so taken away; to be recovered in an action of debt, in any Court proper to try the same, with legal cost, by any person who shall prosecute and sue for the same.

Mode of recov

ery.

Owners of Jogs, &c. may

search of logs

suspected to be there.

SEC. 10. Be it further enacted, That the owner or owners enter mills in of any logs or other timber, or their agents, shall have liberty at all times in a peaceable manner, to enter any mill or any mill brow, boom or raft of logs, or other timber, in search of any logs or other timber, which they may suspect to be there; and any person or persons who shall prevent such search, shall forfeit and pay for each and every such offence, a fine not less than twenty-five dollars nor more than one hundred dollars, to be recovered by action of debt, in any Court proper to try the same, in the name of the person who thus sustains the damage, and to be for his use.

Penalty for preventing juch search.

When Ings are antermixed in the river, ex

ing to be paid by owners.

SEC. 11. Be it further enacted, That all logs, masts, spars, or other timber put into any river, pond, or stream in this Pense of dri State, for the purpose of being floated to market, and mixed with other logs, masts, spars, or other timber, and in such manner as they cannot be separated; such logs, masts, spars, or other timber, shall be holden, by their marks, to pay the person or persons who shall drive the same, a reasonable sum for so driving, unless the owners thereof shall appear and pay to those persons who drove any logs, masts, spars, or other timber, within thirty days after such service is performed: within 30 days, and at the expiration of said thirty days the person or persons, ngs to be had performing said service shall have full power to sell at public

If not paid

what proceed

ment.

vendue so many of said logs, masts, spars, or other timber, as to obtain payshall pay the full expense for driving the same, after giving fifteen days notice by posting up advertisements in two or more public places in the town where the owner or owners reside. And if any surplus shall remain over and above what shall compensate such person for his trouble and expenses, the same shall be returned to the owners thereof. [Approved March 16, 1821.]

:00:

CHAPTER CLXIX.

An Act securing to Mechanics and others, payment for their labor and materials expended in erecting and repairing houses and other buildings with their appurtenances.

SEC. 1. BE it enacted by the Senate and House of Representa- Persons, by con

tract in writing,

bor or materi

or repairing.

the same, aud

which it stands.

tives, in Legislature assembled, That when any contract shall furnishing las hereafter be made in writing, between the proprietor or pro- als in ereeting prietors of land on the one part, and any person or persons buildings, to on the other part, for the erecting or repairing any house or have a lien on other building, or their appurtenances, or for furnishing labor the land on or materials, for the purpose aforesaid, the person or persons for payment. who shall in pursuance of such contract, have furnished labor or materials for such purpose, shall have a lien to secure the payment of the same upon such building, and the lot of land, on which the same stands, and upon the right of redeeming the same, when the same has been previously conveyed in mortgage: Provided always, That no such lien shall attach, Provided such unless such contracts shall have been recorded in the Registry of Deeds, in the county in which the land, on which such house or other building has been erected or repaired, lies; and no lien created by this Act, shall continue in force more No lien to 'conthan six months from the time when the last instalment shall than 6 months fall due, by the contract by which such lien shall be claimed; statment is due. unless a legal process shall have been commenced, for the purpose of enforcing such lien.

contract has been recorded.

tinue more

after last in

deeds to record

SEC. 2. Be it further enacted, That it shall be the duty of Register of the Register of Deeds, in the county in which any such land such contracts, may lie, to record all such contracts for the usual fees; and when a contract shall consist of more than one part, the recording of one part shall be sufficient and have the same effect as recording the whole.

having such

for sale of such

SEC. 3. Be it further enacted, That any person having a When person lien upon any building, and the lot of land on which it stands en petitions as aforesaid, may petition to the Circuit Court of Common C. c. C. Pleas Pleas holden in the county in which the land, mentioned in property, what any such contract, may lie, to order a sale of such land with to be had. the appurtenances; in which case the Court shall order notice to be given to all the creditors having a lien as aforesaid, on such estate, to appear and make out their claims under

proceedings are

In certain

cases court may

payment to the lien creditor.

such contracts; and the owner or owners of such estate, to show cause, if any they have, why a decree, that such estate should be sold, should not be passed, by causing each of them to be served with an attested copy of said petition, and the order of Court thereon, fourteen days at least before the time assigned for a hearing upon said petition; or by causing an attested copy of such petition and order to be published, at such times, in such newspaper as the Court shall direct, the last publication to be at least fourteen days before the time assigned for such hearing; and every such creditor, who does not appear and exhibit his claim to the Court, before the sale of such estate shall be decreed as aforesaid, shall not be entitled to the benefit of such lien. And when it shall be made to appear to the Court before which such petition shall be pending, either by the default or confession of the party petitioned against, or by the verdict of a Jury, that any sum of money secured by such contract, had been due and unpaid sixty days at the time of preferring such petition, the Court may enter up judgment against the respondent, in favor of each of such lien creditors, for such sum as may be found due to them respectively, and may order the land and appurtenances, in such contract mentioned, to be sold at public auction, to pay and satisfy the same; saving to the owner or owners of such estate the right of redeeming the same, at any time, within one year from the time of sale, by paying the purchaser, or any person claiming under him, the sum for which it was sold, with interest at the rate of twelve per cent.; deducting therefrom the rents and profits, over and above the necessary repairs. And in the hearing upon any such petition, each of such lien creditors shall have a right to contest the claim of the other, by issue to the Jury or otherwise.

SEC. 4. Be it further enacted, That whenever the owner order a partial of any such estate shall have so failed to perform his contract or contracts, in relation thereto as aforesaid, that in the opinion of the Court, said estate, according to the true intent and meaning of this Act, ought to be sold as aforesaid, and the person or persons, or any of them, who have so contracted to furnish labor or materials for erecting or repairing such house or other buildings, and without any default on his, her, or their part, have not fully performed his, her, or their contract, a proportional rate of the sum, stipulated to be paid to such lien contractor, shall be awarded to him, her, or them. And any creditor of the owner of any lot of land, on which an house or other building shall be erected or repaired by conthe contract is tract as aforesaid, who shall have caused such lot of land, with the appurtenances to be attached, to secure the payment of his demand, previously to any such lien creditor entering into, and recording as aforesaid, his contract, for erecting or repairing such house, or other building, or their appurtenances

Proceedings,

when a creditor attaches the property before

recorded.

as aforesaid; shall be preferred to any such contracting creditor, so far as relates to the value of said land or building, in the state in which they were at the time when erecting or repairing of such house or building was commenced. And the value of such lot of land, or land and building at the time when the same shall be attached as aforesaid, shall be ascertained by the appraisal of three disinterested freeholders of the county, in which such land shall lie; one to be appointed by the petitioning creditor or creditors, one by the respondent, and one by the officer who shall make the sale. And in case the respondent neglects or refuses to appoint such appraiser, the appointment of two such appraisers shall be made by such officer.

SEC. 5. Be it further enacted, That in all cases in which the Court shall order and decree, that any such estate shall be sold as aforesaid, the sale shall be made by the Sheriff or his deputy; and if the Sheriff be interested, then by the Coroner of the county in which such estate lies; and such notice shall be given of the time and place of sale, as is provided by law, when the right of redeeming real estate is sold, which has been conveyed in mortgage. And whenever it shall be found by the officer who has made such sale, that the net proceeds of such sale are insufficient to satisfy the sums which shall have been awarded to the lien contract creditors, and attaching creditors, according to the provisions of this Act, it shall be the duty of such officer, after satisfying this claim of the attaching creditor or creditors, if such there are, to apportion the net proceeds of such sale among the lien creditors, according to the sums to them respectively awarded; and if the net proceeds of the sale of such estate, shall exceed the amount of all the sums ascertained and awarded as aforesaid, it shall be the duty of such officer to pay over the excess to the respondent.

tract is satisfà

property, lien

ed on margin of

SEC. 6. Be it further enacted, That each and every lien When such con creditor, his executors, administrators, or assigns, having re-ed by payment ceived payment and satisfaction of his, or their demands ac- or sale of the cording to the term of such contract; or when such house or to be discharg other building shall have been sold, and the proceeds thereof the record. paid over, according to the provisions of this Act, each and every such lien creditor, his executors, administrators, or assigns, shall enter upon the margin of the record of such contract, a discharge of his or their lien upon such house or other building, created by such contract; or by deed duly executed, release the same; and any party in interest shall be enti- Party in intertled to have like remedy for obtaining due discharge of such same remedy to lien, in case the money shall be paid as aforesaid, as is now charge as mortby law secured in equity to mortgagers, their heirs, executors, equity. administrators or assigns.

est to have

obtain a dis

gagers have in

SEC. 7. Be it further enacted, That in all cases arising Jury trial in under this Act, every party shall be entitled to a trial by right of appeal.