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appurtenances of any building on such land, lot or lots, shall have a lien from the time of making such contract upon the whole tract of land, lot or lots, the building and appurtenances, in the manner herein provided, for the amount due to him for Buch labor or materials.
Sec. 2. The lien shall extend to all work done and materials furnished under the provisions of the contract, whether the kind or quality of the work, or materials, or anount to be paid bu pecified or not.
Sec. 3. When any sum due by such contract shall remain unpaid after the same is payable, the creditor may, in a suit upon petition filed in the district court of the county in which the land, lot or lots lie, obtain an order for the sale thereof, and for applying the proceeds of such sale to the discharge of bis demands; and the filing of the petition and precipe in the clerk's office shall be deemed the commencement of the suit.
Sec. 4. The petition shall contain a statement of the cause of action, with a description of the premises subject to the lien; the summons shall be similar to and served as in other cases; constructive service may be had as provided by law in other cases.
Sec. 5. Every person who has or claims any lien upon, or righ: or interest in or to such building, appurtenances, land, lot or lots, or any part thereof, by virtue of this act or otherwise, may be a defendant in such suit, and have his rights adjudicated therein, and may in his answer state such lien, right or interest, and his doing so shall be deemed the commencement of a suit.
WESTERN VIRGINIA. 1. Every mechanic, builder, artisan, workman, laborer or other person who shall do or perform any work or labor upon, or furnish any material, machinery or fixtures for any building, erection or other improvement upon land, in cluding contractors, sub-contractors, material furnishers, mechanics and laborers engaged in the construction of any railroad oi other work of internal improvement, or for the work of labor done on any steamboat or other water-craft, or materials furnished for the same, or for the repairing of the same, under and by virtue of any contract with the owner or proprietor thereof, his agent, trustee, contractor or sub-contractor, shall have a lien upon such building, erection or improvement, and upon the land belonging to such owner or proprietor on which the same is situat ed, to secure che payment of such work or labor done, or materi. als, machinery or fixtures furnished.
2. Every sub-contractor wishing to avail bimself of the benefite of this act shall give notice to the owner or proprietor, or his agent or trustee, before or at the time he furnishes any of the material aforesaid or performs any of the labor, of his intention
lo furnish or perform the same, and the probable value thereof; and if afterwards the materials are furi ished or labor done, the sub-contractor sha / settle with the contractor therefor, and having made the settlement in writing, the same, signed by the contractor and certified by him to be just, shall be presented to the owner or proprietor, or bis agent or his trustees, and left with him; and within thirty days from the time the materials shall have been furnished, or the labor perfc med, the sub-contractoi shall file with the recorder of the county in which the building, erection, boat, water-craft or other improvement is situated, a copy of the settlement between him and the contractor, which shall be a lien on the building, erection, boat, water-craft or other improvement for which the materials were furnished or for which the labor was performed; and shall at the same time file a correct description of the property to be charged with the lien, the correctness of which shall be verified by affidavit.
3. If the contractor shall, for any reason, fail or refuse to make and sign such settlement in writing with the sub-contractor when the same is demanded, then the sub-contractor shall make a just and true statement of the work and labor done or materials furnished by him, giving all credits, which he shall present to the owner or proprietor, or bis agent or trustce; and shall also, within thirty days, file a copy of the same, verified by affidavit, with the Recorder of the county in which the building, erection, boat, or other improvement may be situated, together with a correct description of the property to be charged with the lien.
4. The certificate of settlement made as aforesaid, or the state ment of the sub-contractor, shall be a justification to the employer in witholding from the contractor the amount appearing thereby to be due to the sub-contractor until he is satisfied that the same has been paid, and the employer shall become the surety of the contractor to the sub-contractor for the amount due for such work and labor or materials furnished, not, however, exceeding the value thereof, as notified under section second.
5. The notices mentioned shall be served as other notices are directed to be served.
6. It shall be the duty of every person, except as has been provided for sub-contractors, who wishes to avail himself of the provisions of this act, to file with the recorder of the countv in which the building, erection or other improvement to be charged with lien is situated, and within ninety days after the materials aforesaid shall have been furnished, or the work and labor cone or performed, a just and true account of the demand due or owing to him, after allı'wing all credits, and containing a correct description of the property to be charged with said licn, and testified by affidavit.
7. It shall be the duty of the recorder of the county to endorso upon every account the date of filing, and record the same in a book by him to be kept for that purpose, to be called the “ Me chanics Lien Record,” properly indexell, and he shall state the time of the filing of the same, the description of the property to he charged by the said lien ; and shall, when duly required, enter satisfaction on the same, for which said recorder shall receive in each case the sum of one dollar, to be paid by tbe person imposing the lien, which shall be taxed and collected as other costs in case there be a suit thereon.
8. Where there are several contractors under the same employer, for the building or erection or other improvement, or for work or lahor, or for materials furnished for the same, the said scveral lienors shall have no priority of lien for such work and labor or materials furnished; and if the said structure and the ground on which the same is situated be not sufficient to pay the expenses of the whole structure, the said laborers and material men shall be paid pro-rata.
9. The entire land upon which any such building, erection or other improvement is situated, including as well that part of said land which is not covered with such building, erection or improvement, shall be subject to all liens created by this act, to the extent, and only to the extent, of all right, title and interest owned therein by the owner or proprietor of such building, erection or other improvement, for whose immediate use or benefit such labor was done or materials were furnished ; and when the interest owned in said land by such owner or proprietor of such building is only leasehold interest, the forfeiture of such lease for the non-payment of rent or for non-compliance with any other bipulations therein, shall not forfeit or impair such liens so far how it concerns the building, erection and improvement thercon, put hy such owner or proprietor charged with such lien ; but such building, erection or improvement may be sold to satisfy such lien, and be moved within thirty days ufter such sale by the undertaker.
10. The lien for materials aforesaid, or work, shall attach to the building, erection or improvement for which they were furnished, or the work was done, in preference to any prior lien or incumbrance or mortgage or deed of trust upon the land upon which said building, erection or improvement has been erected or put; and any person enforcing such lien may have such building, crection or improvement sold, and the purchaser may remove the Bame within a reasonable time thereafter.
11. Any person having a lien under or by virtue of this act, may file å hill in Chancery to enforce the same; and any other person having a lien thereon may file his petition in the said case and be made defendant therein, and make his claim in the same manner as though he had been plaintiff in the case, according to the practice in courts of Chancery.
12. In case of death of any of the parties, whether before or after suit, the personal representative of such deceased party shall be made the plaintiff or defendant, as the case may require.
13. All persons furnishing materials or doing work provided for by this act shall be considered sub-coniractors, except such as iave contracted therefor singly with the owner, proprietor, his agent or trustee.
14. Nothing herein contained shall be so construed as to give a sub-contractor or laborer a lien for any amount greater than that originally contracted for between the employer and contractor.
15. No person who shall take collateral security for the pay. ment of the money for any structure shall be entitled to the lien provided in this act; but the taking the note or bill of exchange of the party liable shall not be construed such security.
LICEnses are good in most of the States for one year; though in many of them licenses can be taken out for six and even for three months, at the same pro-rata cost as if taken for a whole year. In California, however, a license good only for one month.
Licences are not required to peddle farm or plantation produce, nor in most States, for books, charts, or stationary; nor yet for peddling any productions manufactured in the State; but for all the productions of other States cr countries, a license must invari. ably be had.
New-YORK.—No person shall be authorized to travel from place to place, for the purpose of selling any wares, goode, or mer. chandise, of the growth, produce, or manufacture of a foreigo country, unless he shall have obtained a license as a hawker and pedler. This license may be obtained of the Secretary of State, on a statement in writing of the manner in which the applicant designs to travel : if on foot, the sum of twenty dollars for one year's license ; if to carry his goods with a single horse or other beast, thirty dollars; if with any vehicle drawn by more than one horso, fifty dollars; which several sums shall be reduced prosur tionably, any shorter term not loss than six months.
Any public officer or citizen may lenand of any hawker or pedlor to produce his license; and if the hawker or pedler refuse, such officer or citizen may arrest bim without any further warrant, and convey him before a magistrate who may fine bim in the sum of ton dollars for such refusal, which sum shall be paid over to th overseers of the poor of the town. In case he have no license, he may be fined twenty-five dollars. If such fine be not paid, the magistrate may issue a warrant to any constable to seize his warna and sell them at public vendue, to satisfy the same.
New-JERSEY.—Any person not a resident of the State, wbo shall be found vending goods from place to place without a license, shall forfeit the sum of twenty dollars for each offence one half to go to the prosecutor, the other to the St te. The license may be obtained by the Governor, upon a recommendation for that purpose by the Inferior Court of Common Pleas ; if for a vehicle to be drawn by one or more horses or other beasts, the sum of fifteen dollars ; if on foot, eight dollars.
Any person lending his license to another shall lose the same, and every license so loaned shall become void.
Any citizen may demand to see any hawker's license, and if the same be not produced, he may, without further warrant, convey the hawker before a justice of the peace, who shall five him in the Bum of fifty dollars for each offence.
PennsylvANIA.—Any citizen may peddle his own goods. But no person shall be licensed as a hawker or pedler unless he sball have resided at least one year in the county in which such appli. cation is made, and shall produce satisfactory evidence on oath from at least two respectable practising physicians of such county that such applicant is , in point of fact, by reason of bodily disabil
. ity, the nature and character of which must be stated, unable to procure a livelihood at his trade, if he have any, or by bodily labor. None but citizens of the United States shall obtain licenses o hawk or peddle, and such licenses shall only extend to the county in which they may be granted. But wholesale pedlere may, by virtue of their licenses, vend goods throughout the State. Tho applicant must give bonds in the sum of $300 for his good behavior during the term of his license and must also satisfy the officers graning the license, of his honesty and good moral char. acter A license to travel on foot, $8; with a vehicle with ono borse $16; with a vehicle and two horses, $25. Licenses may be obtained of the clerks of the courts of quarter sessions of any county, and also at the Mayor's office in the city of Philadelphia Penalty for selling without a license, $50; for refusing to show his licənse to any citizen who may demand to see the same, $20.
OHIO.- The Clerk of the Court of Commen Pleas of any pounty iw this State may grant a license. For a license to travel op fox