1897. or limited, of the property real or personal, upon which a lien is claimed or person deriving through his death, or purchasers As against or creditors with notice, the lien hereinbefore provided for owner. shall be acquired by any persons in privity with such owner by the performance of the labor or the furnishing of the materials. 2. As against purchasers and creditors. (a) As to Real Estate-As against purchasers and creditors of such owner without notice, such lien shall be acquired upon real estate only from the time of the record in the office of the clerk of the Circuit Court of the county where the real estate lies of a notice of such lien. Such notice shall contain a statement of the amount claimed, a description of the property upon which the lien is claimed, and a notice of the intention to hold a lien for the said amount, and shall be verified by the oath of the lienor or his agent. It may be filed after the performance of any labor or the furnishing of any material, but if any person who is performing or about to perform by himself, or others, labor, or is furnishing or is about to furnish materials, shall so desire he may have recorded as aforesaid a cautionary notice that he will claim a lien for all work done or to be done, and materials furnished or to be furnished, and such cautionary notice shall, until the work be completed, or the material be furnished (unless the lien notice be recorded within that time so as to supersede it) operate as notice of the claim of such lien. No notice of a perfected lien shall be effectual unless it be filed within three months after performance of the labor or the furnishing of the materials. (b) As to Personal Property-There shall be no lien upon personal property as against purchasers and creditors without notice, unless the person claiming the lien be in possession of the property upen which the lien is claimed, in which case the lien as against creditors and purchasers without notice shall continue so long as the possession continues, but not for a period longer than three months after the performance of the labor or the furnishing of the material. SEC. 2. That Section 1743 of the Revised Statutes of the State of Florida be amended so as to read as follows: 1743. By persons not in privity with the owner: 1. As Against the Owner-A person entitled to acquire a lien not in privity with the owner as aforesaid, shall acquire a lien upon such owner's real or personal property as against him, and persons claiming through his death and purchasers and creditors with notice, by the delivery to him, or his As against purcreditors. chasers and Notice of per fected lien to be effectual. As to personal property. Persons not in privity with owner as against owner. 1897. Time lien exists. Personal iability. Real estate. Personal property. agent, of a written notice that the contractor or other per- (a) Upon Real Estate-As against purchasers and creditors of such owners without notice, such liens against real estate shall be acquired only from the time of the recording (subsequent to the service of the notice provided for in paragraph 1 of this section) in the office of the clerk of the court in the county, of a notice of lien similar to that provided by paragraph 2a of Section 1742. (b) Upon Personal Property-There shall be no lien upon personal property as against creditors and purchasers without notice, except under the circumstances and for the time prescribed in paragraph 2b of Section 1742, and for the amount of indebtedness due to the lienor at the time of the service of the notice provided for by paragraph 1 of this section. SEC. 3. That Section 1744, of the Revised Statutes of the State of Florida, be amended so as to read as follows: ARTICLE 4. Enforcement of Liens. 1744. Remedies against either real or personal property: 1. By Persons in Privity with the Owner-All liens provided for by this chapter, either upon real or personal property, shall be enforceable by persons in privity with the -owner. 1. By a retention of possession for a period not exceeding three months, of the property upon which the lien has attached, by the person entitled to such lien, if he were in such possession at the time the lien attached. 2. By a bill in equity. 3. By an ordinary suit at law and the levy of the execu tion obtained therein on the property on which the lien is held. 4. By a suit at law in which the declaration shall state the manner in which the lien arose, the amount for which the lien is held, the description of the property, and a prayer that the property be sold to satisfy the lien. In such suit the judgment for the plaintiff shall be a personal judgment against the defendant as well as declare the lien upon the property, describing it; and shall direct execution against such property as well as against the property generally of the defendant. 2. By Persons Not in Privity with the Owner-A person not in privity with the owner may resort to any of the remedies prescribed by the foregoing paragraph, but in every suit at law or in chancery the contractor or person for whom the labor was performed or the materials furnished must be made a party defendant to the suit, and the judgement or decree may provide for the recovery from the contractor or other person as aforesaid the amount due by him, and from the owner of the amount originally due by him to the contractor or other person as aforesaid upon said contract, as well as decree aud enforce the lien against the property of such owner for such amount; but only one satisfaction of such judgment shall be had. And although no lien be found to exist and no judgment be rendered against the owner, judgment may be rendered against the contractor or other person for whom the labor was performed or the materials furnished for the amount due by him. If personal service in such suit cannot be made upon any defendant, constructive service may be made in the manner and under the rules prescribed for such service in chancery cases. SEC. 4. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. SEC. 5. That this act shall take effect immediately upon its passage and approval by the Governor. Approved June 2, 1897. 1897. 1897. Amendment. CHAPTER 4583-[No. 69.] AN ACT to Amend Section 1730, Revised Statutes of Florida. Be it enacted by the Legislature of the State of Florida: SECTION 1. That Section 1730 of the Revised Statutes of Florida, which reads as follows: 1730. For labor on and with machines, etc.-In favor of any person by himself or others, performing any labor upon or with any engine, machine, apparatus, fixture or implement, upon such engine, machine, apparatus, fixture or implement, be amended so as to read as follows: In favor of any person by himself or others performing any labor upon or with any engine, machine, aparatus, fixture, implement, newspaper or printing material, or other property; or doing work in any hotel upon such engine, machine, apparatus, fixture, implement, newspaper or printing material, or other property, and upon the furniture furnishings and belongings of said hotel. Approved June 2, 1897. Names or devices to be filed in office of clerk of the county and office of Secretary of State. CHAPTER 4584-[No. 70.] AN ACT to Protect the Owners of Bottles, Boxes, Siphons, Be it enacted by the Legislature of the State of Florida: SECTION 1. Any and all persons and corporations engaged in manufacturing, bottling or selling soda waters, mineral or aerated waters, porter, ale, beer, cider, ginger ale, milk, cream, small beer, lager beer, weiss beer, white beer or other beverages or medicines, medical preparations, perfumery, oils, compounds or mixtures, in bottles, siphons, fountains, tins or kegs, with his, her, its or their name or names, or other marks or devices branded, stamped, engraved, etched, blown, impressed or otherwise produced upon such bottles, siphons, fountains, tins or kegs, or the boxes used by him, her, it or them, may file in the office of the clerk of the county in which his, her, its or their principal place of business is 1897. situated, or if such person, persons, corporation or corporations, shall manufacture or bottle out of this State then in any county in this State, and also in the office of the Secretary of State, a description of the name or names, marks or devices so used by him, her, it or them, respectively, and cause such description to be printed once in each week, for three weeks successively, in a newspaper published in the county in which said notice may bave been filed as aforesaid. SEC. 2. It is hereby declared to be unlawful for any person or persons, corporation or corporations, to fill with soda waters, mineral or aerated waters, porter, ale, cider, ginger ale, milk, cream, beer, small beer, lager beer, weiss beer, What declared white beer or other beverages, or with medicine, medical unlawfu'. preparations, perfumery, oils, compounds or mixtures, any bottle, box, siphon, fountain, tin or keg, so marked or distinguished as aforesaid, with or by any name, mark or device, of which a description shall have been filed and published, as provided in Section 1 of this act, or to deface, erase, obliterate, cover up or otherwise remove or conceal any such name, mark or device thereon, or to sell, buy, give, take or otherwise dispose of, or wantonly destroy, or traffic in the same without the written consent of, or unless the same shall have been purchased from the person or persons, corporation or corporations, whose mark or device shall be or shall have been in or upon the bottle, box, siphon, fountain, tin or keg so filled, trafficked in, used or handled as aforesaid. Any person or persons, or corporation or corporations, offending against the provisions of this section shall be deemed guilty of a misdemeanor, and shall be punished for the first offense by imprisonment not less than ten days nor more than one year, or by a fine of fifty cents for each and every such bottle, box, siphon, fountain, tin or keg so filled, sold, used, disposed of, bought or wantonly destroyed, or trafficked in, or by both such fine and imprisonment, and for each subsequent offense by imprisonment not less than twenty days nor more than one year, or by a fine of not less than one dollar nor more than five dollars for each and every bottle, box, siphon, fountain, tin or keg so filled, sold, used, disposed of, bought or wantonly destroyed, or trafficked in, or by both such fine and imprisonment, in the discretion of the court before whom the offense shall be tried. SEC. 3. The use by any other person ti an the person or persons, corporation or corporations, whose device, name or mark sh 1l be or shall have been upon the same without such written consent or purchase as aforesaid, of any such marked or distinguished bottle, box, siphon, fountain, tin or keg, a description of the name, mark or device, whereon shall have Penalty. |