Penalty for ness without license required 1634. SEC. 17. If any person carry on or transact any business or occupation without license therefor, when such transacting busilicense is required by any law of this state, he shall, on license, when conviction thereof, be fined in a sum not exceeding three by law. hundred dollars, or imprisonment in the county jail not exceeding six months, or by both such fine and imprison ment. Theatres, cir cuses and shows included; penalty for opening such places on Sabbath day. 1635. SEC. 18. This chapter shall extend to and include all theatres, circuses, and shows, where an admission fee is charged for entrance thereto. No person shall be allowed by virtue of any such license to open any place of public amusement, such as a theatre, circus, or show, on the Sabbath or Lord's day; but any person who shall so offend on such day, shall be fined in a sum not less than fifty, nor more than one hundred dollars, for every such offense. 1636. SEC. 19. Every magistrate, or other officer, to Payment into whom any fines or penalties, imposed by this chapter, shall of fines and be paid for the use of the county, shall, at the next meeting imposed. of the board of county commissioners, make a report of the amount thereof, and pay the same into the county treasury. county treasury penalties hereby 1637. SEC. 20. SEC. 20. Persons prosecuting or giving inform- Informers comation, under the provisions of this chapter, may be com- petent witnesses. petent witnesses on the trial, notwithstanding their interest in the penalty to be recovered. disposition of. 1638. SEC. 21. Penalties incurred by a violation of the Penalties; how provisions of this chapter, may be recovered by action of recovered, and debt, or by indictment in the name of the people of the state of Colorado, for the use of the proper county, before any justice of the peace or court of competent jurisdiction of the proper county, upon complaint of any citizen of such. county; and any justice of the peace or other officer, into whose hands such penalty shall properly come, shall, unless otherwise required by law, make report of such recovery to the board of county commissioners; and at the next regular meeting succeeding, the collector of such penalty shall pay into the county treasury the part thereof which shall be payable to such county, and the remainder to the person informing or prosecuting. Appeals allowed 1639. SEC. 22. SEC. 22. Appeals, and writs of certiorari, may be taken from proceedings had under the provisions of this chapter, as in other cases. Retention of possession of made of amount herding, etc. 1640. CHAPTER LIX. LIENS. [Revised Statutes, Chapter LIV.] LIENS UPON PERSONAL PROPERTY. SECTION 1. Any ranchman, farmer, agiŝtor or stock authorized herder of cattle, tavern-keeper or livery-stable keeper, to until payment is whom any horses, mules, asses, cattle or sheep, shall be indue for feeding, trusted, for the purpose of feeding, herding. pasturing or ranching, shall have a lien upon said horses, mules, asses, cattle or sheep, for the amount that may be due for such feeding, herding, pasturing or ranching, and shall be authorized to retain possession of such horses, mules, asses, cattle or sheep, until the said amount is paid; and every hotel, tavern and boarding-house keeper shall have a lien upon the baggage of his or her patrons, boarders and board and lodg- guests, for the amount that may be due from such patrons, boarders and guests, for boarding and lodging, or either, and they are hereby authorized to hold and retain possession of such baggage until the amount so due for board and lodging, or either, is paid. Provided, that the provisions of this section shall not be construed to apply to stolen stock. Retention of possession of baggage until amount due for ing is paid. Lien of common carrier upon personal prop for transporta 1641. SEC. 2. Every common carrier of goods or passengers who shall, at the request of the owner of any pererty for charges sonal goods, carry, convey or transport the same from one tion, storage, etc place to another; and any warehouseman or other person who shall safely keep or, store any personal property, at the request of the owner, or person lawfully in possession thereof, shall, in like manner, have a lien upon all such personal property, for his reasonable charges for the transportation, storage or keeping thereof, and for all reasonable and proper advances made thereon by him, in accordance with the usage and custom of common carriers and warehousemen. Lien of mechanic upon personal labor and mater provement 1642. SEC. 3. Any mechanic or other person who shall make, alter, repair or bestow labor upon, any article or other person of personal property, for the improvement thereof, at the property for request of the owner of such personal property, or of the ials for the immaterials from which the same is made, shall, in like man- thereof. ner, have a lien upon all such articles of personal property, for his reasonable charges for the labor performed and materials furnished and used in such making, alteration, repair or improvement. case charges be ninety days; appraisers. 1643. SEC. 4. If any such charges for which a lien is Proceedings in given by the three preceding sections, be not paid within not paid within ninety days after the same become due and payable, the appointment of mechanic, inn-keeper, agistor, or other person to whom such lien is given, as aforesaid, may apply to any justice of the peace of the county wherein he resides, to appoint appraisers to appraise the several articles of personal property whereon such lien is claimed. Such justice shall thereupon appoint, by warrant under his hand and seal, three reputable householders of the county, not interested in the matter, to appraise such personal property. appraisement. 1644. SEC. 5. The appraisers so appointed shall be Oath of appraissworn by the justice, to well and faithfully appraise and ers and return of value all such personal property, and shall thereupon proceed to view and appraise the same, and shall return their. appraisement, wherein shall be set down each article separately, to the justice by whom they were appointed, within ten days after their appointment. erty to be made, of proceeds 1645. SEC. 6. After such appraisement is made, the How sale of person to whom such lien is given by the foregoing sec-appraised proptions, may, after giving ten days' prior notice of the time, and disposition place and terms of such sale, with a description of the thereof. property to be sold, by publication in some newspaper published in the county wherein he resides, (or if there be no such newspaper, then by posting in three public places within such county,) and delivering to the owner of such personal property, or if he do not reside in the county, transmitting by mail to him at his usual place of abode, if known, a copy of such notice, proceed to sell all such personal property, or so much thereof as may be necessary, at public auction, for cash in hand, at any public place within Sales inade for less than two thirds of appraised valuation, void. Person to whom lien is given, such county, between the hours of ten a. m. and four p. m. of the day appointed; and from the proceeds thereof, may pay the reasonable costs of such appraisement, notice and sale, and his reasonable charges for which he hath his lien. The residue of the proceeds of such property unsold, he shall render unto the owner. 1646. SEC. 7. No such sale shall be made for less than two-thirds of the appraised value of the article sold, nor except upon due notice, as required by the preceding section; every such sale made in violation of the provisions of this section, shall be absolutely void. 1647. SEC. 8. may purchase. such lien is given, Continuance of At any such sale, the person to whom may become the purchaser. 1648. SEC. 9. In any case where the property to be sale from day to sold cannot conveniently be sold in one day, the sale may day. Account of sales to be filed with justice be continued from day to day, by public outcry at the place of sale. Upon the completion of such sale, the person to whom the lien is given hereby, shall cause a salebill thereof to be filed with the justice of the peace, before whom the appraisement was had, in which shall be set down the sum for which each separate article of property was sold, and the name of the purchaser. The justice shall record such sale-bill in his docket, and preserve the original thereof, together with the appraisement. Right of action of party to whom lien is given, after sale. Appointment of clerk and crier of sale. Fees of apprais ers, justices, 1649. SEC. 10. Nothing herein contained shall be so construed as to take away the right of action of the party to whom such lien is given, for his charges, or for any residue thereof, after sale of such property. 1650. SEC. II. At any such sale, the person to whom such lien is given, as herein provided, may appoint a clerk and crier. 1651. SEC. 12. Appraisers appointed under the provisclerks and criers. ions of this chapter, shall receive three dollars per day; justices of the peace shall receive per each warrant of appraisement, one dollar; for receiving and recording each appraisement, twenty cents per one hundred words, and the like fees for recording each sale-bill; clerks and criers at sales made under the provisions hereof, shall receive each three dollars per day. AN ACT TO SECURE LIENS TO MECHANICS AND OTHERS, AND TO [Session Laws, 1872.] and hold lien superstructure. 1652. SECTION I. All artisans, mechanics and others Who may claim who shall perform work or labor, or furnish materials to upon building or the amount of twenty-five dollars or more, for the construction or repairing of any building or other superstructure, shall have and may claim and hold a lien upon such building or superstructure for the amount and value of the work and labor so performed or materials furnished, by each respectively; provided, such repairing shall be by the authority of agent or owner of such building or super structure. necessary to Making, filing statement; in 1653. SEC. 2. SEC. 2. Any person claiming a lien as provided Proceedings in section one of this act, and wishing to avail himself of hold lien. the benefits thereof, shall file in the clerk and recorder's and recording of office of the county in which such building or superstruc- what manner ture is situated, within forty days after such building or served upon superstructure, work of construction, or any repairs shall have been completed, a statement containing, First-A notice of intention to hold and claim a lien. Second-A description of the property to be charged therewith. Third-An abstract of indebtedness showing the whole amount of debit, the whole amount of credit, and the balance due the claimant, which abstract of indebtedness shall be verified by the claimant, or by some other person in his behalf. And it shall be the duty of the county clerk and recorder to file and record such statement in a separate book provided for that purpose, and from the time of such filing all persons shall be deemed to have notice thereof. And, provided, that when such lien is claimed by a subcontractor, journeyman, or any other person than a contractor performing work or labor, or furnishing materials, the statement aforesaid shall be filed within twenty days after the time when the last work or labor was performed, or the last materials furnished by him. And within ten days after the filing of the statement aforesaid, he shall serve a copy thereof on the owner or owners of such buildings or superstructure, or the agent of such owner or owners by deliver statement to be owner. |