Gambar halaman
PDF
ePub

filed or recorded in the registry of deeds, as hereinbefore provided, any person who shall, subsequent to the date of filing or recording notice of said contract, furnish labor or material, or perform labor, under a contract with a contractor or with any sub-contractor of said contractor shall be entitled to enforce a lien on the premises therein described for any labor performed, or labor or material furnished, subsequent to the filing or recording of said notice and prior to the date of the termination of said contract as stated in said notice or notices. The rights of any person who shall perform or furnish labor, or furnish material subsequent to the filing or recording of notice of said contract shall not be affected by the fact that the notice was not filed or recorded prior to the beginning of the work. [Gen. Acts, 1915, c. 292, § 3.]

517D. Public buildings exempt. - No lien shall attach to any land, building or structure thereon owned by the commonwealth, or by a county, city, town, water district or fire district. [Gen. Acts, 1915, c. 292, § 5.]

517E. Act, when to become operative.

uary 1, 1916. [Gen. Acts, 1915, c. 292, § 14.]

518. Lien for labor upon entire contract.

c. 292, § 13.

[ocr errors]

This act shall take effect on Jan

[blocks in formation]

519. Notice of lien for materials. Repealed by Gen. Acts, 1915, c. 292, § 13. (But see paragraphs 517B and 517C.) 520. No lien if notice by owner. Repealed by Gen. Acts, 1915, c. 292, § 13. 521. Lien invalid against prior mortgage. Repealed by Gen. Acts, 1915, c. 292, § 13. Re-enacted in new form as follows:

521A.

No lien, except under the provisions of section one, shall avail as against a mortgage actually existing and duly registered or recorded prior to the filing or recording in the registry of deeds of the notice required by the provisions of this act, and no lien under section one [see paragraph 517A] shall avail as against such a mortgage unless the work or labor performed is in the erection, alteration, repair or removal of a building or structure which erection, alteration, repair or removal was actually begun prior to the recording of the mortgagee. [Gen. Acts, 1915, c. 292, § 6.]

522. Lien dissolved unless statement is filed. Repealed by Gen. Acts, 1915, c. 292, § 13. Re-enacted in new form as follows:

522A. - The lien provided for by section two [see paragraph 517B] and the lien provided for by section three [see paragraph 517C] shall be dissolved unless the contractor, or some person claiming by, through or under him, shall, within thirty days after the date on which the principal contract is to be performed, file in the registry of deeds in the county or district in which the land is situated a statement, signed and sworn to by him, or by some person in his behalf, giving a just and true account of the amount due him, with all just credits, a brief description of the property, and the name of the owner or owners as set forth in the notice of contract. The lien for labor provided for by section one [see paragraph 517A] shall be dissolved unless such certificate is filed within the forty days provided in said section. [Gen. Acts, 1915, c. 292, § 7.] 523. Inaccuracy in statement, etc. Repealed by Gen. Acts, 1915, c. 292, § 13. Re-enacted in new form as follows: 523A. . . . The validity of the lien shall not be affected by an inaccuracy in the description of the property to which it attaches, if the description is sufficient to identify the property, or by an inaccuracy in stating the amount due for labor or materials unless it is shown that the person filing the statement has wilfully and knowingly claimed more than is due to him. [Gen. Acts, 1915, c. 292, § 8.]

[ocr errors]

524. Duties of register. — Affected by Gen. Acts, 1915, c. 292, § 2. [See paragraph 517B.]

525. Petition to enforce lien. Repealed by Gen. Acts, 1915, c. 292, § 13. Re-enacted in new form as follows:

525A. The lien shall be dissolved unless a bill in equity to enforce it is filed within sixty days after the filing of the statement required by section seven. . . . [See paragraph 522A.] [Gen. Acts, 1915, c. 292, § 8.]

526. Jurisdiction. - Repealed by Gen. Acts, 1915, c. 292, § 13. Re-enacted in new form as follows:

526A. All proceedings to enforce a lien upon land for the erection, alteration, repair or removal of a building or other structure, shall be begun by bill in equity filed in the superior court for the county in which the land lies. [Gen. Acts, 1915, c. 292, $ 4.1

[ocr errors]

527. Who may join. — Repealed by Gen. Acts, 1915, c. 292, § 13. Re-enacted in new form as follows:

527A. . . . The petitioner shall bring his bill in his own behalf and in behalf of all other persons in interest who shall become parties. . . . [Gen. Acts, 1915, c. 292, § 4.] 528. Summons, return day, etc. Repealed by Gen. Acts, 1915, c. 292, § 13. Re-enacted in new form as follows:

528A. . . . The subpæna shall be returnable not more than sixty days subsequent to the entry of the bill and shall contain a brief description of the property, sufficient to identify it, and a statement of the amount alleged to be due. An attested copy thereof shall be filed in the registry of deeds and recorded as provided in R. L., c. 197, § 8. . . . [Gen. Acts, 1915, c. 292, § 4.]

529A. Fees for service of civil process.

The fees of the officer shall be

fifty cents for each person upon whom service is made, and for filing at the registry, and thirty cents for each copy, with fees for travel as in the service of other civil process. [See also paragraph 530A.] [Gen. Acts, 1915, c. 292, § 4.]

...

530. Further notice. Repealed by Gen. Acts, 1915, c. 292, § 13. Re-enacted in new form as follows: 530A. . . . All other parties in interest may appear and have their rights determined in such bill, and at any time before a final decree, upon the suggestion of any party in interest that any other person is or may be interested in the suit, or of its own motion, the court may issue a subpoena to such person, or a precept directing him to appear in said cause on or before a day certain or be forever barred from any rights thereunder. The fees of the officer for service of any such additional process shall be as above provided. The court may in its discretion provide for notice to absent parties in interest. The terms "party in interest" and "person in interest", as used in this act, shall include mortgagees and attaching creditors. [Gen. Acts, 1915, c. 292, § 4.]

531. Other creditors may intervene; amendments. Repealed by Gen. Acts, 1915, c. 292, § 13. [But see paragraph 530A.]

542. Attachment prior to filing of statement. Repealed by Gen. Acts, 1915, c. 292, § 13. Re-enacted in new form as follows:

542A. The rights of an attaching creditor shall not prevail as against the lien for personal labor provided for in section one [see paragraph 517A], nor against the claim of a lienor where notice or notices of contract have been filed or recorded in the registry of deeds as provided in section two. [See paragraph 517B.] [Gen. Acts, 1915, c. 292, § 10.]

543. Attachment after filing. - Repealed by Gen. Acts, 1915, c. 292, § 13. [But see paragraph 542A.]

544. Attaching creditors and claimants of liens, how paid, as between themselves. Repealed by Gen. Acts, 1915, c. 292, § 13.

545. Dissolution by owner. - Repealed by Gen. Acts, 1915, c. 292, § 13. Reenacted in new form as follows:

545A. In a bill in equity under the provisions of section four [see paragraph 526], the court may, in its discretion, accept a bond, with sufficient surety or sureties, to dissolve the lien of any creditor or all liens, as to the whole or any part of the property, or any interest therein. Such bond shall be filed by the obligor in the registry of deeds within ten days after its approval, and shall not dissolve the lien unless so filed. It shall be recorded, and may then be taken from the registry by the obligee. [Gen. Acts, 1915, c. 292, § 11.]

545B. Bond with sureties may be given. Any person in interest may cause to be recorded in the registry of deeds in the district in which the land lies, a bond having as surety therein a corporation organized to do a surety business in this commonwealth, or individual sureties as hereafter provided, in which bond the register of deeds for the district and his successor or successors in office shall be obligee, in such penal sum as shall be fixed by the building commissioner or other officer performing like duties under any statute, ordinance or by-law of a city or town in which the land in question lies, or, in case there is no such officer, then by a justice or clerk of a court having jurisdiction in the locality where the land lies. The bond shall describe the land in such detail as is required in a common conveyance of land, and shall be in form substantially as follows:

Know all Men by these Presents.

of

That we

in the County of

and Commonwealth of Massachusetts, as principal, and

in the Commonwealth, as surety or sureties, are holden and stand firmly bound and obliged unto

Register of Deeds for the

County of

in the full and just sum of

Dollars to be paid unto said Register and his successors in said office, to which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

[blocks in formation]

is interested in the erection, alteration, repair or removal of a building on a certain lot of land situated within the

Registry District in the Commonwealth, bounded and described as follows

and desires under the provisions of chapter one hundred and ninety-seven of the Revised Laws and acts in amendment thereof and in addition thereto to free said land from claims for personal labor in accordance with the provisions of said statute and amendments thereto;

Now, therefore, if the above bounden

shall pay or cause to be paid for any and all personal labor performed in the erection, alteration, repair or removal of said building on said land, under the contract stated in the certificate on the back hereof, irrespective of any agreement made between him and the owner or any other

persons now interested or who may hereafter be interested therein, then the above written obligation shall be null and void; otherwise to remain in full force and virtue. Signed, sealed and delivered in presence of

[blocks in formation]

certify that the proposed work on the lot of land described in said bond is the erection alteration - repair removal of a building, that a fair estimate of the cost of the labor on said building will not exceed Dollars. The work is to be done under 191, the parties thereto being

a contract made

of

and

Said work is to be completed on or before
(Signed.)

of

If individual sureties are given on said bond, the sureties shall be not less than three in number, each of whom shall have owned real estate for at least one year next prior to the date of the bond, of a value not less than the penal sum of the bond, and said bond shall not be recorded unless the bond and sureties shall have been approved by a justice or clerk of a court having jurisdiction in the locality where the land lies, after an examination under oath, of all the sureties by said justice or clerk. After the recording of said bond no lien shall thereafter attach for personal labor performed under the contract in respect to which the bond is given.

The register of deeds may refuse to record the said bond if it be defective in form or substance, but no party to any such bond shall be discharged by any defect therein as against any party who has in good faith allowed his lien to be dissolved by lapse of time, in reliance on the bond. The bond may be enforced by a bill in equity in the superior court brought by any party in interest. The petitioner shall bring his bill in his own behalf and in behalf of all other persons in interest who shall become parties. A copy of the subpoena shall be filed and recorded in the registry of deeds, and the fees of the officer shall be as provided in section four. [See paragraphs 529A and 530A.] [Gen. Acts, 1915, c. 292, § 9.]

546. Certificate. Repealed by Gen. Acts, 1915, c. 292, § 13. Re-enacted in new form as follows:

546A. If it appears to the court that no person is entitled to a lien, or that every lien has been discharged by payment of the lien, the court shall forthwith cause a decree to be entered to the effect that the lien is dissolved, and a certificate to that effect shall be sent forthwith by the clerk to the register of deeds. Such certificate shall be filed and recorded in the manner provided in R. L., c. 197, § 8. [Gen. Acts, 1915, c. 292, § 12.]

[ocr errors]

549. Dissolution by creditor. Repealed by Gen. Acts, 1915, c. 292, § 13. 550. Dissolution by payment. - Repealed by Gen. Acts, 1915, c. 292, § 13. 550A. Certain acts repealed, etc. R. L., c. 197, §§ 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 25, 26, 27, 28, 29, 30 and 31 are hereby repealed. All other provisions of said chapter shall apply to proceedings under this act. [Gen. Acts, 1915, c. 292, § 13.]

MINIMUM WAGES.

571A. Posting of information in places of employment. The minimum wage commission may require employers to post in conspicuous positions in their places of employment such notices as the said commission may issue for the information of employees. [Gen. Acts, 1915, c. 65.]

7. WORKMEN'S COMPENSATION AND EMPLOYERS' LIABILITY.

EMPLOYERS' LIABILITY.

If the injury

577. When death from such accident is not instantaneous. described in the preceding section [see Acts, 1909, c. 514, § 127], or an injury caused by the negligence of the employer himself, results in the death of the employee, and such death is not instantaneous or is preceded by conscious suffering, and if there is any person who would have been entitled to bring an action under the provisions of the following section [see Acts, 1909, c. 514, § 129], the legal representatives of said employee may, in the action brought under the provisions of the preceding section [see Acts, 1909, c. 514, § 127], recover damages for the death in addition to those for the injury; and in the same action under a separate count at common law, may recover damages for conscious suffering resulting from the same injury. [Acts, 1909, c. 514, § 128, as am. by Gen. Acts, 1915, c. 179.]

WORKMEN'S COMPENSATION.

590A. Compensation to young workmen who receive injuries. — Whenever an employee is injured under circumstances that would entitle him to compensation under the provisions of Acts, 1911, c. 751, and acts in amendment thereof and in addition thereto, if it be established that the injured employee was of such age and experience when injured that, under natural conditions, his wages would be expected to increase, that fact may be taken into consideration in determining his weekly wages. [Gen. Acts, 1915, c. 236.]

615A. Claim for review.

- An order or decision of the industrial accident board, a decree of the superior court upon such an order, a decision of an arbitration committee from which no claim for review has been filed within the time allowed therefor, or a memorandum of agreement approved by the industrial accident board, shall have effect, notwithstanding an appeal, until it is otherwise ordered by a justice of the supreme judicial court who may, in any county, suspend or modify such decree, order or decision, during the pendency of the appeal. [Gen. Acts, 1915, c. 132.]

MASSACHUSETTS EMPLOYEES INSURANCE ASSOCIATION.

638. Association created. - The Massachusetts Employees Insurance Association is hereby created a body corporate with the powers provided in this act and with all the general corporate powers incident thereto. The said association may also transact within the commonwealth any kind of liability insurance which mutual companies are allowed by law to transact, and shall be governed by the laws now or hereafter in force relating to the transaction of such business by mutual companies, so far as the same are

« SebelumnyaLanjutkan »