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non-payment of money collected upon an execution ; all actions for seductions and breach of marriage contract.
Within one year.-All actions for libel, slander, assault, assault and ba'tery, and false imprisonment; all actions upon a statute for a forfeiture or penaliy to the territory; all actions for relief, not hereinbetore provided for, shall be commen ed within two years after the cause of action shall have acirued. In all actions brought to recover a balance due upon a mutual, open, and cur. rent account the cause of action shall be deemed to have accrued from the time of the last item, proved in the account on either side.
An Act to prevent fraud and fraudulent practices upon
or by Hotel-keepers and Inn-keepers. Passed by N. 7. Legislature April 23, 1867; Amended April 27, 1872.
Sec. 1. Every person who shall at any hotel or inn order and receive, or caused to be furnished, any food or accommodation, with intent to defraud the owner or proprietor of sucli hotel or inn out of the value or price of such food or accommodation ; and every person who shall obtain credit at any hotel or inn by the use of any false pretense or device, or hy depositing at such hotel or inn any baggage or property of value less than the amount of such credit, or of the bill isy such person incurred; and any person who, after obtaining credit or accommodatio' at any hotel or inn, shall abscond from such hotel or inn, and shall surreptitiously remove his baggage or property therefrom, sh 1:11, upon conviction, be adjudged guilty of a mni-demeanor.
Sec. 2. Every keeper of a hotel or inn, shall post into public and conspicuous place, in the office or pu:lic room and in every bedroom in said house a printed copy of tliis ac and a statement of the charges or rate of charges by the day, and for meals furnished, and for lodging. No charge or sum shall be collected or received by any such person for any service hot actually delivere l or for a longer time ihan the person so charged actually remained at such place. Fo any violation of this section, or of any provision herein contained, the offender shall forfeit to the injured party three times the amount so charged, and shall not be entitled to receive any money for the meals, services of time charged.
1.0t passed by N. Y. Legislature, May 15th, 1876.--The keeper of a hoarding. house shall have the same lien upon and right to delain the baggage and effects of iny boarder to the eame extent and in the same manner as inn-keepers have sich lien and right of detention; but nothing herein shall be deeme:i 10 give any boarding-ho 750 keeper any lien upon or right to detain any pro, erty the title to which shall :100 he in such boarder.
LIEN LAWS. MAINE. --All mechanics working on a vessel finished, or on the stocks, shall have a lien on such vessel until four days after such vessel is launched and ready for sailing, and may secure the same by attachment, which takes precedence of other attachments.
Any person performing labor, or furnishing materials for erecting, altering, or repairing any bouse or other building, by order of the owner thereof, shall have a lien upon the same for ninety days from the time such payments become due, to secure the payment for such labor or materials. He may secure the same oy attachment, which takes precedence of all others.
NEW HAMPSHIRE. — Any person performing labor on a building, or furnishing materials for the construction, repairing, or altering the same, shall have a lien thereon for the space of sixty days after the payment of said labor or materials shall become due for such contracts, providing the order or contract for the same is in writing, and a true copy thereof left with the town clerk. Such lien may be secured by an attachment, which shall have precedence of all other attachments, except there be a prior mortgage on the land on which the house is situated, in which case the prior mortgage has the preference.
Any person furnisbing labor or materials for the construction, altering, or repairing of a vessel, shall have a lien therefor on such vessel for the space of four days after such vessel is finished This lien may be secured by attachment, which shall take pre cedence of all attachments, except a lien for mariners' wages.
Any person, to whom any horses, cattle, sheep, or other domestic animals, shall be entrusted to be pastured or boarded, shall have a lien upon said animals for all proper charges due for such pasturing or board, until said person voluntarily relinquishes the possession of said animals, and any person, to whom said animals shall be so entrusted, may detain the same until payment or tender of the amount due for such pasturing or board.
VERMONT.-Any person who shall perform any labor, or furnish any materials in this State for or towards the building, repairing, fitting, or furnishing any ship, vessel, or steamboat, shall have a lien on the same for his wages and materials so fur nished, until eight months after such vessel or steamboat shall be completed, and may secure the same by attachment on such ship, vessel or steamboat, which attachment shall have precedence of ail other attachuinents and claims.
Before such lien shall attach or be in force, such person shall have a just and legal claim for his services performed, or materials furnished, as aforesaid, and shall demand payn ent of the same of the owner, agent, contractor, or person in whose caro such ship, vessel, or steamboat may be; and in case such person, naving a lien as aforesaid, shall demand more than is due to hjai, such owner, agent, contractor or person in whose care such ship, vessel, or steamboat may be, may tender or pay to such person the just and full amount due him for his labor or mate rials furnished as aforesaid, and fully and absolutely discharge duch lien.
When any contract or agreement shall hereafter be made, whether in writing or not, for erecting, repairing, or altering any house or other building in this State, or for furnishing labor or materials for the purposes aforesaid, the person proceeding in pursuance of such contract or agreement shall have a lien to secure the payment of the same upon such house or building, and the lot of land on which the same stands; and the lien hereby created shall continue in force for the space of three months from the time when payment shall become lue for the work, labor, or materials furnished as aforesaid: Provided, however, that no lien shall attach thereto until the person claiming the lien shall have filed and caused to be recorded, in the towe clerk's office of the town where such house or other building is situated, a written memorandum, by him signed, asserting such clain, which shall be sufficient to charge such real estate with such lien agreeably to the provisions of this chapter.
Within three months after payment shall become due to him under such contract, such person may commence his action for the same, and cause said house or other building to be attached thereon in due course of law; and if he shall obtain judgment in the suit so instituted, the record of such judgment shall embrace a brief statement of the contract upon which the same was founded : and the plaintiff may, within five months after the ate of such judgment, cause a certified copy of the record of such judgment to be recorded in the town clerk's office of the town where such house or other building is situated ; and such house or other building shall be thereupon holden for the amount due upon such judgment, together with the costs of the copy of the record of the judgment and recording, in the same manner as if it had been mortgaged for the payment of tho same, from the time the copy of the contract and declaration were lodged in the town clerk's office as herein provided; and the plaintiff shall have the same remedy to obtain possession, and to foreclose the defendant's equity of redemption, and perfect his own title, as in case of a mortgage.
Machinery attached to or used in any shop, mill, printing office, or factory, may be hereafter mortgaged by deed, executed, acknowledged, and recorded in the same manner as deeds of resi estate; and when so executed, acknowledged, and recorded shall have the same effect.
Mortgages of such machinery may be assigned, discharged, or foreclosed in the same manner as is provided by law for the assignment, discharge, or foreclosure of mortgages of rea) estate.
MASSACHUSETTS.-Any person furnishing labor or materials for constructing, repairing, altering or equipping any vessel, shall have a lieu therefor upon the same, and such lien shall take precedence of all other liens except mariners' wages. When, however, the vessel departs from the port where the debt was contracted, to some other port within the State, such debt shall cease to be lien at the expiration of twenty daye from her departure; and in all cases such debts shall cease to be a lien after the vessel shall have arrived at any port out of the State.
Any person who shall actually perform labor in erecting, altering or repairing any building or structure upon real estate, or shall furnish materials actually used for the same, by virtue of any agreement with, or consent of the owner thereof, or other person having authority or acting for such owner to procure labor or furnish materials in his behalf, shall have a lien upon such building or structure, and upon the interest of the owner of the building and structure, in the lot of land upon which the same is situated, to secure the payment of the amount due to him for such labor or materials. Such lien shall be dissolved unless the person who may desire to avail himself thereof shall, within thirty days after he shall cease to labor on, or furnish materials for such building or structure, file in the office of the clerk of the city or town in which the same is situated, a statement of a just and tiue account of the amount due to him, with all just credits given, together with a description of the property intended to be covered by the lien, sufficiently accurate for identification, with the name of the owner or owners of the property, if known, which certificate shall be subscribed and sworn to by the person claiming the lien, or by some one in his behalf. Such lien shall be dissolved at the expiration of ninetydays from the day it is recorded, unless suit shall have been commenced within that time for the amount of the debt.
In a case where a number of persons have performed labor on a vessel or building, they may all join in the same petition for their respective liens, and the same proceedings shall be had in regard to the rights of each as if he had petitioned for his individual lien.
Such liens may be enforced by a petition to the Superior Court for the county where the property to which the lien attaches is situate.
When the amount of the claim does not exceed one hundred dollars, the lien may be enforced by petition to a justice of the peace or police court; and such justices and courts shall have like power and authority within their jurisdiction as are herein conferred upon the Superior Court, with like rights of appeal to the parties as exist in other civil cases.
Whether filed as a petition, or inserted in a summons, the petition shall contain a lrief statement of the contract on which it is founded, and of the amount due thereon, with a description of the premises subject to a lien, and all other material facts and circumstances; and shall pray that the premises may be sold, and the proceeds of the sale be applied to the discharge of the demand.
RHODE ISLAND.-Any person furnishing labor or materials for constructing, altering or repairing, on written contract with the owner or his agent, any building, canal, turnpike, railroad or other improvement, shall have therefor a lien, which shall take precedence of all subsequent liens; the building, or other improvement, as the case may be, and the land on which it is situate, standing pledged for the debt for the term of four months from the completion of the work, when it shall cease. unless legal action be previously taken to enforce payment of the debt. Persons performing labor on such building, or other improvement, can have no lien upon the same, unless he shall, within thirty days after commencing the work, give notice in writing to the owner of the property that he has commenced the work, and that he designs to claim the benefit of the lien created by this act. But this lien will cease at the expiration of four months from the serving of such notice, unless legal action shall be previously taken to enforce the payment of the claim.
All steam engines in all their parts, and all boilers, kettles or vats made of iron, copper, wood or other materials, whether set in brick or stone, or not so set; and all water-wheels, gearing on shafting, in any mill or building, and there used or intended to be used ; and all steam-pipes, gas-pipes, and water-pipes, cocks and eave-troughs made of copper or other metal, attached to any mill or other building, shall, for all the purposes of lien, be considered and treated as parts of such mill or other building.
CONNECTICUT.—Any person furnishing labor or materials for the construction of any building, alterations or repairs, exceed. ing the sum of twenty-five dollars, shall have a lien on such building, and on the land on which it is situate; and such lien shall take precedence of all subsequent liens, and the premises 80 held shall be liable to foreclosure by such person, as if held by a mortgage. Such lien may remain for sixty days, when it Bhall cease, unless the person holding it shall previously have lodged with the town clerk a written certificate of the amount of his claim, the date of the commencement of the same, and an intelligible description of the premises against which it is