§ 11. Award, how disposed of by the court. The award may be accepted or rejected by the court for any legal and sufficient reason, or it may be recommitted to the arbitrators for a rehearing by them. 11 M. 57 [9]; 22 M. 17. § 12. Vacating award-on what grounds. Any party complaining of such award may move the court designated in such submission to vacate the same, upon either of the following grounds: 11 M. 57 [92]; 23 M. 64. First. That such award was procured by corruption, fraud, or other undue means; Second. That there was evident partiality or corruption in the arbitrators, or either of them; Third. That the arbitrators were guilty of misconduct, in refusing to postpone the hearing upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy, or any other misbehavior by which the rights of any party have been prejudiced; Fourth. That the arbitrators exceeded their powers, or that they so imperfectly executed them that a mutual, final and definite award on the subjectmatter submitted was not made: 7 M. 295 [374]; 22 M. 17. Fifth. That the award is contrary to law and evidence. § 13. Award may be modified or corrected, when. Any party to such submission may also move the court designated therein, to modify or correct such award in the following cases: First. Where there is an evident miscalculation of figures, or an evident mistake in the description of any person, thing or property, referred to in such award; Second. Where the arbitrators have awarded upon some matter not submitted to them, nor affecting the merits of the decision upon the matter submitted; Third. Where the award is imperfect in some matter of form, not affecting the merits of the controversy, and where, if it had been a verdict, such defect could have been amended or disregarded by the court. § 14. Return of award at term-attendance of parties. The award may be returned at any term or session of the court that is held within the time limited in the submission; and the parties shall attend at every such term or session, without any express notice for that purpose, in like manner as if an action for the same cause was pending between them in the same court; but the court may require actual notice to be given to either party, when it shall appear necessary or proper, before it proceeds to act upon the award. 11 M. 57 [92.] § 15. Judgment on award-costs. Upon such award being confirmed or modified, the court shall render judgment in favor of the party to whom any sum of money or damages have been awarded, that he recover the same; and if the award has directed any act to be done by either party, judgment shall be entered that such act be done according to such order; the costs of proceedings shall be taxed as in actions; and if no provision for the fees and expenses of the arbitrators has been made in the award, the court shall make a suitable allowance. 23 M. 46. § 16. Record of judgment-contents thereof. A record of such judgment shall be made, commencing with a memorandum reciting the submission, then stating the hearing before the arbitrators, their award, the proceedings of the court thereupon in modifying or confirming such award, and the judgment of the court for the recovery of the debt or damages awarded, and that the parties perform the acts ordered by the award, and for the recovery of the costs allowed. § 17. Record, how filed and docketed-effect thereof appeals, etc. Such record shall be filed and docketed as records of judgments in other cases, shall have the same force and effect in all respects, be subject to all the provisions of law in rela tion to judgments in actions, and may in like manner be removed by appeal and reversed, and execution be issued thereupon. 23 M. 46. $18. Costs, how regulated. If there is no provision in the submission concerning the costs of the proceedings, the arbitrators may make such award respecting the costs as they shall judge reasonable, including therein a compensation for their own services; but the court may reduce the sum charged for the compensation of the arbitrators, if it appears to them unreasonable. $ 19. Testimony under oath-common-law arbitrations. The arbitrators shall hear and receive the testimony of either party, under oath; and shall have power to administer all necessary oaths to parties or witnesses appearing before them. Nothing in this chapter contained shall preclude the submission and arbitrament of controversies, according to the common law. SECTION 1-2. CHAPTER XC. LIENS. SECTION Who may have lien, and on what-mechan- 15. Certificate of release of satisfied lien. 3-5. Bond of contractor-lien uot to attach-bond 12. Discharge of liens. 13. Proceedings by attachment. 14. Rights and liabilities of executors, etc. 16-17. Lien on personal property, in what caseshow enforced-lien of carriers and bailees. Form of affidavit. 18. 19-20. 21. Frauds by contractors in obtaining material-penalty-sale of movable property. Liability of contractor to subcontractors and laborers. PROTECTION OF WAGES OF MECHANICS, CLERKS, ETC. 22-24. Lien for wages-in what cases-on what property-filing-notice of claim in case of attachments, etc.-death or insolvency of employer. 25-26. Lien not to be impaired by mortgages-not to be waived. § 1. Who may have lien, and on what. Whoever performs labor, or furnishes materials or machinery, for erecting, constructing, altering or repairing any house, mill, manufactory or other building, or appurtenances, or for constructing, altering or repairing any boat, vessel. or other water-craft, by virtue of a contract or agreement with the owner or agent thereof, shall have a lien, to secure the payment of the same, upon such house, mill, manufactory, or other building and appurtenances, and upon such boat, vessel, or other water-craft, together with the right, title or interest of the person owning such house, mill, manufactory, or other building and appurtenances, on and to the land upon which the same is situated, not exceeding forty acres, and if erected within the limits of any city, town or village plat, the lot of ground on which said house, mill, manufactory, or other building and appurtenances is erected, not exceeding in extent one acre. Whoever furnishes any labor, skill or material for constructing, altering or repairing any line of railway, or for constructing, altering or repairing any bridge, telegraph, depot, fences, or other structure appertaining to any line of railway, by virtue of any contract with the owner, or with any party authorized by the owner, of such line of railway, or by virtue of any subcontract with any original contractor with such owner, or with such authorized party, shall have a lien, to secure the payment for such labor, skill and material, upon all such line of railway, and upon all franchises, privileges and immunities, and upon all bridges, depots, telegraphs, fences, and other structures, and upon all right of way appertaining to such line of railway. (As amended 1874, c. 69, § 1.) 3 M. 92 [147]; 5 M. 119 [155], 229 [288]; 8 M. 92 [118]; 13 M. 455, 473; 17 M. 342. $2. Same. Every mechanic or other person doing or performing any work toward the erection, alteration or repair of any house, mill, manufactory, or other building, or appurtenances, or the construction, alteration or repair of any boat, vessel, or other water-craft, or furnishing any material for the construction, alteration or repair of such building, appurtenances or vessel, whether such work is performed as journeyman, laborer, carman, subcontractor or otherwise, shall have a lien, for the value or contract price of such labor and materials, upon such house, mill, manufactory, or other building, and appurt nances, and upon such boat, vessel, or other water-craft, together with the right, title or interest of the person owning such house, mill, manufactory, or other building and appurtenances, on and to the land upon which the same is situated, not exceeding forty acres, and if erected within the limits of any city, town or village plat, the lot of ground on which said house, mill, manufactory, or other building and appurtenances is erected, not exceeding in extent one acre. (As amended 1878, c. 3. § 1.) § 3. Bond of contractor-lien not to attach. Upon entering into a contract to do any work or furnish any materials for which a lien might accrue under section one of this chapter, if the contractor will enter into a bond with the owner for the use of all persons who may do work or furnish materials pursuant to such contract, conditioned for the payment of all just claims for such work or materials as they become due, (which bond shall be in such an amount, not less than the price agreed to be paid for the performance of such contract, and with such sureties as shall be approved by the judge of the district court or justices of the peace of the county in which such contract is to be performed,) and shall file the same in the office of the register of deeds of the county in which such contract is to be performed, then no lien shall attach in favor of the persons mentioned in section two of this chapter. Such sureties shall justify in double the amount of the bond so given; but such bond shall not operate to relieve from liability the property upon which such labor or material shall be expended, unless a notice, setting forth the existence of such bond, be kept conspicuously posted about the premises during the performance of such labor, and at the time of furnishing such material. (As amended 1878, c. 3, § 2.) § 4. Same-bond after contract is made. A like bond may be made and filed, as provided in the foregoing section, at any time after the making of such contract, and shall have the effect to discharge all such liens as shall have accrued before the filing thereof, and to prevent the accruing of any such liens thereafter. (As amended 1878, c. 3, § 3.) § 5. Same-action on bond. Any person entitled to a lien under the provisions of section two of this chapter shall be considered a party in interest in said bond, and may bring an action thereon in his own name for the value or contract price of labor done, or materials furnished, under the provisions of the contract with the owner. (As amended 1878, c. 3, § 4.) § 6. Proceedings to establish lien under section 2-account to be filed, etc. Any person entitled to a lien under the provisions of section two of this chapter shall make an account in writing of the items of labor, skill, materials or machinery furnished, or either of them, as the case may be, and the value thereof, and, after making oath thereto, shall, within sixty days after the time of performing such labor or skill, or furnishing such materials or machinery, file the same in the office of the register of deeds of the county in which such labor, skill, materials or machinery have been furnished, which account, so made and filed, shall be recorded as required in the next section, and shall, for one year from the commencement of such labor or the furnishing of such materials, operate as a lien upon the several descriptions of structures and buildings, and the lots of ground on which they stand, in the second section of this chapter named. Where any labor has been done or materials furnished as provided on a written contract, the same or a copy thereof shall be filed with the account herein required. (As amended 1878, c. 3, § 5.) $7. Same-proceedings under section 1. Any person, copartnership or corporation, entitled to a lien under the provisions of section one aforesaid, shall make an account in writing of the item or items of labor, skill, materials or machinery furnished, and, after oath being made to the correctness thereof by the party furnishing the same, or by the agent of such party, shall, within one year from the time of the furnishing of such labor, skill, materials or machinery, file the same in the office of the register of deeds of the county in which such labor, skill, materials or machinery shall have been furnished; in case the same shall have been furnished for the construction, alteration or repair of any line of railway, or of any bridge, depot, fences or other structure appertaining to such line of railway, in the office of the secretary of state; which account so made, verified and filed, shall be recorded at length in such office, in the records thereof. Such account, so verified and filed, shall, during all the period of time from the commencement of such labor or skilled services, or the furnishing of such materials and machinery, until the expiration of two years after the completion of such skilled services or labor, or the furnishing of such materials or machinery, operate as a lien upon the several descriptions of structures and buildings, and upon the lots of ground on which they stand, in the first section of this chapter referred to, and upon such line of railway, and upon all franchises, privileges and immunities, and upon all bridges, depots, telegraphs, fences and other structures, and upon all right of way appertaining to such line of railway. When any labor has been done or materials furnished as provided, upon a written contract or subcontract, a copy of the same shall be filed with the account hereinafter [before] referred to. (As amended 1874, c. 69. § 2.) 11 M. 354 [475]; 13 M. 455; 17 M. 342. § 8. Judgment on lien, how obtained and enforced. Any person holding a lien under the Provisions of the preceding sections may proceed to obtain judgment, and enforce the same, in the same manner as in actions for the foreclosing of mortgages upon real estate. (As amended 1878, c. 3, § 6.) 14 M. 145. $9. Proceedings by laborers when owner suspends work. When the owner of any house or buildings described in the first section of this chapter suspends its progress or completion, without the consent of such laborers, mechanics or furnishers, or if the progress or completion of the same is suspended by the decease of the owner, 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 cost, so far as to inclose such building and thereby prevent such waste: provided, the work so done after said suspension shall be according to the contract and the plan of the owner. § 10. Judgment on lien-application of rents and profits-sale of railway, etc. If the person erecting, as owner, any building described in the first section of this chapter, is not, at the suspension or completion of the same, possessed of the legal title to the ground on which the same is erected, but is possessed of the equitable title thereto, and the fact of such defect of title is made to appear to the court before whom any judgment under this chapter has been obtained, or if the same is returned by any legal officer to whom any execution under this chapter is directed, the court shall direct the officer who has returned, or who is authorized by law to serve such execution, to rent or lease such building, until the rents and issues thereof shall pay or satisfy the several liens on which judgment may be had against the same: provided, this law shall not be so construed as to interfere with prior bona fide liens on ground on which such building is erected. When judgment is obtained establishing any lien given by the provisions of this chapter upon any line of railway, such line of railway, together with all franchises, privileges, immunities, bridges, depots, telegraphs, fences and other structures, and all right of way, appertaining to such line, may be sold upon execution to satisfy such judgment; and the purchaser thereof at any such sale shall have and hold all and singular the same in the same manner and with the same effect as the same were had and held by the judgment debtor. Such sale or [on] execution shall be conducted in like manner, and be upon like notice, and be subject to like redemption, as sales of real property upon execution, except that the notice of sale required by law to be published in a newspaper shall be published in some newspaper published at the capital of this state. (As amended 1874, c. 69, § 3.) § 11. After judgment on lien, property may be leased, when. In all other cases of judgment obtained in favor of any lien-holder, 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 was obtained may direct the officer aforesaid to lease the same, in the manner and for the purpose pointed out in the preceding section; and the officer giving such lease shall there require the payment to be made to him, or his successor in office, which successor 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 leases made under this chapter, he shall forthwith pay the same into court where the judgments were obtained, which money shall be distributed to the several lien-holders interested in said judgments, in proportion to their several demands. $12. Liens, how discharged. All liens may be discharged by the payment of the judg ment or debt, with costs, before the property on which such liens attached is sold or leased under this chapter; and if any lien-holder, after the same is duly tendered to him, proceeds at law, or refuses to give a due discharge from such lien, such lien-holder shall forfeit his lien and pay costs. $ 13. Lien-holder may proceed by attachment, when. If the owner of the property which is subject to a lien is without the reach of process, or resident without the state, any lien-holder may proceed by attachment against the same, as in other cases; and the court before whom the same attachment is pending, on the entry of judgment, on return of the proper officer, shall have the same power to order leases as is given in the tenth and eleventh sections of this chapter. $ 14. Rights of executors and administrators. Executors and administrators, under this chapter, have the same rights, and are subject to the same liabilities, that their testator or intestate would be or might have, if living. § 15. Certificate of release of satisfied lien-filing and record. 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 of his legal representatives, lodge a certificate with said register, that the said debt is satisfied and said lien removed; which certificate shall be filed and recorded by the register on the margin of the record, in the same manner that releases of mortgages are now by law |