required to be recorded, and, when so recorded, shall forever discharge and release said lien; and if such person, having received 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 register, as is prescribed in this section, he shall forfeit and pay to the party aggrieved any sum of money, not exceeding one-half of the debt claimed as a lien on such property, to be recovered in a civil action; and the party lodging such certificate as aforesaid shall pay to the register twenty cents for recording each notice or certificate as aforesaid.

$ 16. Lien on personal property-how enforced. Whoever makes, alters, repairs or bestows labor on any article of personal property, at the request of the owner or legal possessor thereof, shall have a lien on such property so made, repaired, altered, or upon which labor has been bestowed, for his just and reasonable charges for the labor he has performed, and the materials he has furnished; and such person may hold and retain possession of the same until such just and reasonable charges are paid; and if they are not paid within three months after the labor is performed or the materials furnished, the person having such lien may proceed to sell the property by him so made, altered or repaired, or upon which labor has been bestowed, at public auction, by giving public notice of such sale, by advertisement for three weeks in some newspaper printed and published in the county, or if there is none, then by posting up notice of such sale in three of the most public places in the county three weeks before the time of sale; and the proceeds of such sale shall be applied first to the discharge of such lien, and the costs and expenses of keeping and selling such property, and the remainder, if any, shall be paid over to the owner thereof.

§ 17. Lien of carriers and bailees. Any person who is a common carrier, and any person who, at the request of the owner or lawful possessor of any personal property, carries, conveys or transports the same from one place to another, and any person who safely keeps or stores any personal property, at the request of the owner or lawful possessor thereof, shall have the same lien and the same power of sale for the satisfaction of his reasonable charges, upon the same conditions and restrictions, as provided in the preceding section.

§ 18. Form of affidavit to be used. The following form may be used under this chapter:

State of Minnesota,}

}s

SS.

A. B., affiant, makes oath and says: That the annexed is a true and correct account of the labor performed, and material (or say machinery) furnished by him (or them) to and for (here give the name) at said county; and the prices thereof set forth in the account hereto annexed are just and reasonable, and the same is unpaid; that said labor was performed, and material (or say machinery) was furnished, for said C. D., at the time in said account mentioned, under and by virtue of a contract between affiant and C. D., (if the contract was in writing, add, above copy of which is hereto annexed, marked A.) and for constructing (or say altering, or say repairing,) a certain boat, called (and so forth, giving a description of the water-craft; or say erecting, or say repairing, a certain house, or say mill, giving the common name of the building; or say a certain piece of land, giving location, etc.; or say lot of timber, or logs, or lumber, etc.)

And affiant further makes oath and says: That the said C. D. was, at the time said contract was entered into, and said labor was performed, and said materials (or say machinery) was furnished, the owner of house, (or say mill, or say said manufactory, naming the kind of building,) and that said building is situate upon a certain lot of land owned by said C. D., in town

day of
H-

and this affiant

A. B.

A. D. 18.

G— - J. P. *$ 19. Frauds by contractors, etc., in purchase of materials—penalty. Any contractor or subcontractor who shall purchase material on credit, and represent, at the time of said purchase, that the same is to be used in a designated building or other improvement, and shall thereafter use, or cause to be used, the said material in the construction of any building or improvement other than that designated when purchased, with intent to defraud the person from whom the material was purchased, without first having given due notice to the person from whom the material was so purchased, shall be punished by fine not exceeding five hundred dollars, or imprisonment not exceeding three months, or both, at the discretion of the court. (1878, c. 3, § 7.)

*$ 20. Same-sale of movable property. Or, if the building or other improvement erected is constructed of wood, or other materials movable from the premises, the court may direct that the same be sold to satisy such liens; and purchasers may, under the direction of the court, remove such building or improvement from the premises, within sixty days after such sale. (Id. § 8.)

*§ 21. Liabilities of contractors to subcontractors, etc. Any person or persons entering into any contract for the construction or repairing of any house or other building, steamboat or vessel, or any railroad contract, or for furnishing materials for such construction or repairing, and who shall sublet such contract or any part thereof to any person or persons to perform such labor or furnishing such materials, shall be held liable to pay all moneys received by him upon said contract to the person or persons who performed such work and labor, or furnished such materials, or so much thereof as may be sufficient to pay them what is justly due for the work and labor performed and materials furnished by them; and any such person who shall neglect and refuse to pay over such money so received by him upon said contract, to the person or persons who have performed the work and labor, and furnished the materials, as aforesaid, with intent to cheat and defraud the said person or persons, shall be deemed to have been guilty of fraud in contracting the said debt. And whenever it shall be made to appear to any court of competent jurisdiction that such contractor, having received the money upon his said contract, and that he fraudulently, and with the intent to cheat and defraud the said person or persons who performed the work and labor, or furnished the materials, as aforesaid, withholds from or refuses to pay them the money which he has received as aforesaid, may be arrested and held to bail for the payment of the amount so due as aforesaid; and in case such party shall not furnish the bail required, he shall be committed to the jail of the county, there to be held until the trial of the action to recover such money; and in case judgment shall be rendered against such party, the execution issued thereon shall authorize and empower the sheriff to commit the defendant in such execution to the jail of the proper county until such judgment shall be paid, or until discharged by law. (1874, c. 50, § 1.)

PROTECTION OF WAGES OF MECHANICS, CLERKS, ETC.*

* 22. Lien for wages-in what cases-on what property-filing. That all moneys that may be due or shall hereafter become due for labor or services rendered by any mechanic, clerk, laborer or servants, from any person or persons, or chartered company, employing mechanics, clerks, laborers or servants, either as owners, lessees, contractors or under-owners of any works, manufactory, or other busiAn act for the better protection of the wages of mechanics, clerks, laborers and others. Approved March 7, 1878. [Laws 1878, c. 86.j

ness, of whatever description, where mechanics, clerks, laborers or servants are employed, whether at so much per diem or otherwise, for any period not exceeding six months immediately preceding the sale and transfer of such works, manufactory or business, or other property connected therewith in carrying on said business, by executors or otherwise, or preceding the death or insolvency of such employer or employers, shall be a lien upen said works, manufactory, business or other property in and about, or used in carrying on, said business, or in connection therewith, to the extent of the interest of said employer or employers, owners or contractors, as the case may be, in said property, and shall be preferred and first paid out of the proceeds of the sale of such works, manufactory, business, or other property, as aforesaid: provided, that [the] portion of such preferred claim of such mechanic, clerk, laborer or servant, thus preferred, shall not exceed two hundred dollars: and provided further, that this act shall not be construed so as to impair contracts vested, or liens of record existing prior to its passage: and provided further, that no such claim shall be a lien upon any real or personal estate, unless the same shall be filed, if real estate, in the office of register of deeds of the county in which such real estate is situated, within one month after the claim becomes due, in the same manner as mechanics' liens are now filed; and if upon personal property, such claims shall be filed in the office of the clerk of the town or city in which said property is situated, in the manner provided for the filing of chattel mortgages therein. (1878, c. 86, § 1.)

*S 23. Same-notice of claim in case of attachments, etc. In all cases of executions, attachments and writs of a similar nature, hereafter to be issued against any person or persons, or chartered company, engaged as before mentioned, it shall be lawful for such mechanics, clerks, laborers or servants to give notice in writing of their claim or claims, and the amount thereof, to the officers executing either of such writs, at any time before the actual sale of the property levied upon; and such officers shall pay to such mechanics, clerks, laborers and servants, out of the proceeds of sale, the amount each is justly and legally entitled to receive, not exceeding two hundred dollars, as may be agreed on by the parties in interest, or by the judgment of any court of competent jurisdiction. (Id. § 2.)

*$ 24. Same-extent of lien in case of death or insolvency of employer. In all cases of the death, insolvency or assignment of any person or persons, or chartered company, engaged in operations as herein before mentioned, or of executions. issued against them, the lien or preference mentioned in the first section of this act, with the like limitations and powers, shall extend to all the property of said persons or chartered company. (Id. § 3.)

*$ 25. Same-No future mortgage to impair liens. That no mortgage or other instrument by which a lien is hereafter created, shall operate to impair or postpone the lien and preference given and secured to the wages and moneys mentioned in the first section of this act: provided, that no lien of mortgage or judgment, entered before such labor is performed, shall be affected or impaired thereby. (Id. § 4.)

26. Same-Lien cannot be waived. Any verbal or written agreement, express or implied, made by or between any person or persons, or chartered company or companies, designed to act as a waiver of any right under this act, or any portion thereof, shall be wholly null and void. (Id. § 5.)

1. Crimes etc, how divided. Crimes and public offences are divided into: First. Felonies; and,

§ 2. Definitions of felony and misdemeanor. A felony is a public offence punishable with death, or which is, or in the discretion of the court may be, punishable by imprisonment in the state prison. Every other public offence is a misde

meanor.

$ 3. Punishment of accessory before the fact. Whoever aids in the commission of any offence which is a felony, or who is accessory thereto before the fact, by counselling, hiring, or otherwise procuring such felony to be committed, shall be punished in the same manner as is prescribed for the punishment of the principal felon.

17 M. 241.

§ 4. Place of trial, etc., of accessory before the fact. Whoever counsels, hires, or otherwise procures the commission of any felony, may be indicted, tried and punished in the same court and in the same county where the principal felon might be indicted and tried, although the principal felon is neither indicted or tried, and although the offence of counselling, hiring, abetting or procuring the commission of such felony, was committed elsewhere, either within or without the limits of this state.

§ 5. Accessory after the fact, how punished. Whoever, after the commission of any felony, not standing in the relation of husband or wife, parent or child, by consanguinity or affinity to the offender, harbors, conceals, maintains or assists the principal felon or accessory before the fact, or gives such offender any other aid, knowing that he has committed a felony, or has been accessory thereto before the fact, with intent that he shall avoid or escape from detection, arrest, trial or punishment, shall be deemed an accessory after the fact, and be punished by imprisonment in the county jail, not more than one year, or by fine not exceeding two hundred dollars, or both.

§ 6. Same-place of trial, etc. Whoever becomes an accessory after the fact to a felony may be indicted, convicted and punished, whether the principal felon has or has not been convicted previously, or is or is not amenable to justice, by any court having jurisdiction to try the principal felon, either in the county where such person became an accessory, or in the county where such principal felony was committed,

$ 7. Attempt to commit offence, how punished. Whoever attempts to commit an offence prohibited by law, and in such attempt does any act toward the commission of such offence, but fails in the perpetration, or is prevented or intercepted in executing the same, where no provision is made by law for the punishment of such attempt, shall be punished as follows:

First. If the offence so attempted to be committed is punishable with

death, the person convicted of such attempt shall be punished by imprisonment in the state prison not exceeding ten years;

Second. If the offence so attempted is punishable by imprisonment in the state prison for four years or more, or by imprisonment in a county jail, the person convicted of such attempt shall be punished by imprisonment in the state prison, or in a county jail, for a term not exceeding one-half the longest term of imprisonment prescribed upon a conviction for the offence so attempted; Third. If the offence so attempted is punishable by imprisonment in a state prison for any term less than four years, the person convicted of such attempt shall be punished by imprisonment in a county jail, not more than

one year;

Fourth. If the offence so attempted is punishable by fine, the offender convicted of such attempt shall be liable to a fine not exceeding one-half of the largest amount which may be imposed upon a conviction for the offence so attempted;

Fifth. If the offence so attempted is punishable by imprisonment and by fine, the offender convicted of such attempt may be punished by both imprisonment and fine, not exceeding one-half of the longest time of imprisoninent and one-half of the greatest fine, which may be imposed upon a conviction for the offence so attempted.

§ 8. Wilful neglect to perform official duty. Where any duty is enjoined by law upon any public officer, or upon any person holding any public trust or employment, every wilful neglect to perform such duty, and every misbehavior in office, where no special provision is made for the punishment of such delinquency or malfeasance, is a misdemeanor punishable by fine and imprisonment.

§ 9. Parties jointly indicted. Upon an indictment against several defendants, any one or more may be convicted or acquitted.

§ 10. Distinction between principals and accessory, abrogated. The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offence, or aid and abet in its commission, though not present, shall be indicted, tried and punished as principals.

17 M. 241.

§ 11. Proceedings when defendant is acquitted of part of offence charged. Whenever any person indicted for a felony is acquitted, by verdict, of part of the offence charged in the indictment, and convicted of the residue thereof, such verdict may be received and recorded by the court; and thereupon the person charged shall be adjudged guilty of the offence, if any, which appears to the court to be substantially charged by the residue of such indictment, and shall be sentenced and punished accordingly.

3 M. 313 [427]; 8 M. 190 (220.]

§ 12. Indictment for felonious assault-conviction of assault. In all cases of indictment in the district court, for an assault with intent to commit any felony, the jury, in case they do not find the felonious intent charged, may convict of the assault; and the court shall sentence the person so convicted to be punished by imprisonment in the jail of the county, for a term not exceeding one year, or by fine not exceeding five hundred dollars.

4 M. 237 [321]; 21 M. 382; 22 M. 51.

§ 13. Punishment for second or subsequent offence. If any person convicted of any offence punishable by fine or imprisonment, or both, is discharged on payment of such fine, or expiration of such imprisonment, or both, or on being pardoned, and is subsequently convicted of a like offence, or, if the first offence was a felony, is subsequently convicted of any other felony, such person may, for such second or subsequent offence, be punished by fine or imprisonment, or both, not exceeding double the amount or extent of that which might have been inflicted or imposed for the first offence.