or completion of the same be suspended by the decease of the owner or owners at a stage when from its unfinished state such structure would go to waste, the laborers, mechanics, and furnishers thereto, or any of them, may at their election, proceed with the same at their own cost, so far as to enclose such building, and thereby prevent such waste, provided such work so done after such suspension shall be according to the contract and the plan of the owner or owners. Lease. SEC. 6. [Defective title-Lease.]-If the per- Defective title. son or persons who may erect as owner or owners, any building described in the first section of this chapter be not, at the suspension or completion of the same possessed of a legal but equitable title to the ground on which the same is erected (if the same be a fixture) and the fact of such defective title be made to appear to the court before any judgment or judgments under this chapter may have been obtained, or if the same be returned by any legal officer to whom any execution under this chapter shall be directed, in either case the court shall direct the officer who has returned or is authorized by law to serve such executions, to rent or lease such buildings until the rents or issues thereof shall pay and satisfy the several liens on which judgments may be had against the same; Provided, This law shall not be so construed as to interfere with prior bona fide liens, on grounds on which such buildings shall be erected as a fixture. Lease of prem ises by order of court. SEC. 7. [Lease of premises by order of court.] In other cases of judgment or judgments obtain - 3 Neb., 451. Lien, how dis. charged. Owner beyond process. ed in favor of any lien holder or lien holders, if the property bound by such lien will not sell on execution as provided by law in other cases, having been once duly offered, the court before whom such judgment or judgments may be obtained, may direct the officer aforesaid to lease the same in the same manner and for the same purpose pointed out in the preceding section, and the officer giving such lease shall therein require the payment to be made to him or his successors in office, which said successor or successors shall have the same power and perform the same duties therein as the maker of the lease should or could do, and in cases where the money may be collected by said officer on a lease made, it, under this chapter, shall be his duty to forthwith pay the same into the court where the judgment or judgments were obtained, which money shall be distributed to the several lien holders interested in said judgment, in proportion to their several demands. SEC. 8. [Lien how discharged.]-All liens may be discharged by the payment of debt or judgment with all legal costs before the property on which liens attach be sold or leased under this chapter, and if any lien holder or lien holders, after the same be duly tendered him or them, shall proceed at law or shall refuse to give a due discharge form such lien, then such lien holder or holders shall forfeit all leins and pay all cost. SEC. 9. [Owner beyond process.]-If the owner or owners of the property which is sub ject to a lien under this chapter be without the reach of process, or resident without the state, any lien holders may proceed by attachment against the same as in other cases, and the court before whom such attachment is pending on the entry of judgment on return of the proper officer, shall have the same power to order a lease as is given in the seventh (7) and eighth (8) sections of this chapter. utors. SEC. 10. [Rights of executors.]-Executors Rights of execand admisistrators under this chapter shall have the same rights and be subject to the same liabilities that their testators or intestate would or might have if living. clerk. SEC. 11 [Fees of county clerk.]-The county Fees of county clerks, for filing and recording contracts and accounts under this chapter, shall be paid the same fees that they are legally entitled to in other cases, and the cost of filing and recording such statement or contracts and accounts shall be recovered as part of the costs of enforcing the lien, unless the court shall otherwise order. Penalty. SEC. 12. [Release of lien-Penalty.]-Each Release of lien. and every person in favor of whom any such lien has existed after having received satisfaction of his debt, or after final judgment against him by a competent tribunal, showing that nothing is due by reason of such claims, shall, at the request of any person interested in the property on which the same was a lien, or who is interested in having the lien removed, or if his or their legal representatives, lodge a certificate with said clerk, that said debt is Insurance. satisfied, and said lien removed, which said certificate shall be filed and recorded by the clerk on the margin of the record in the same manner that releases of mortgages are now by law required to be recorded, and when so recorded shall forever discharge and release said lien, and if such person having received such satisfaction as aforesaid, by himself or attorney, or judgment having been rendered against him as aforesaid, shall not within ten days after request in writing, lodge a notice in writing with the clerk, as is prescribed in this section, he or they neglecting or refusing to do so shall forfeit and pay to the party or parties so agreed, any sum of money not exceeding one-half the debt claimed as a lien on such property according to the circumstances of the case, to be recovered by civil action, and the party lodging such certificate, shall pay to the county clerk the costs of filing and recording the same. SEC. 13. [Insurance.]—Any lien holder under this chapter who may deem himself in danger of loss or damage by fire, may notify in writing the owner or agent of property subject to such lien to insure the same in reasonable amount against such loss or damage, and if he shall fail or refuse to do so for the space of ten days, then the. person or persons having such lien or liens may insure such property in an amount not to exceed two-thirds of the total amount of their liens, and may recover such proportion of the premium paid therefor as the court shall deem just and proper as part of the costs of enforcing such lien. 3 Neb., 450. SEC. 14. [Remedy not exclusive.]-Any per-Remedy not son who shall hold a lien under the provisions 3 Neb., 536. of this chapter may, in addition to the remedy herein provided for, proceed by a petition in chancery as in other cases of liens against the owner or owners of, and all other persons interested, either as lien holders or otherwise, in any such house, mill, or manufactory, or other building or appurtenance, in the first section of this chapter mentioned, and the lot or lots of land, on which the same shall stand, and obtain such final decree therein for the rent or sale thereof as justice and equity may require, anything in this chapter to the contrary notwithstanding. Rev. Stat., Gen. Stat., Comp. Stat., SEC. 15. Chapter 35 of the revised statutes Act repealed. of 1866, chapter 42 of the general statutes of 257. 1873, and an act entitled "An act to amend 466. chapter 42 of the general statutes entitled Me-343. chanics' Liens," approved Feb. 28, 1881, being article I, of chapter 54, of the compiled statute of 1881, and all acts and parts of acts in conflict with this act are hereby repealed. Providing, That such repeal shall not in any manner affect any rights heretofore acquired under any law of this state. clause. SEC. 16. Whereas an emergency exists there- Emergency for this act shall take effect and be in force from and after its passage. Approved March 4th, A. D. 1885. |