shall state that the lienor has a lien on such monument, gravestone, inclosure or structure for the purchase price thereof, or some unpaid part of such purchase price, with interest, specifying the amount agreed to be paid, and the amount unpaid, with a description of such monument, gravestone, inclosure, or other structure, and the location of the plot upon which it stands, and the names of the persons with whom the agreement for the purchase and erection of the structure, or for the performance of such labor was made. The notice shall be signed and verified by the lienor. The lienor shall, within ten days after the filing of such notice, serve a copy personally, or by mail, upon the person with whom the agreement for the purchase and erection of such monument, gravestone, or other structure, or for the performance of labor thereon was made, and upon the owner of the lot upor. which such monument, gravestone or other structure is erected, if the name and residence of such owner can, with reasonable diligence be ascertained.

§ 42. Proceedings to enforce lien.--After the service of such notice, an action to recover the amount of the debt and to enforce a lien therefor may be maintained by the lienor against the person with whom the agreement was made, for the purchase and erection of such monument, gravestone, inclosure or other structure or for the performance of labor thereon. If such lienor succeeds in establishing his lien, the judgment recovered may authorize him to remove such monument, gravestone, inclosure or other structure from the burial-ground or cemetery and to sell the same at public auction to satisfy the amount of such judgment. Notice of the sale shall be published at least ten days before the time thereof, in a newspaper published in the town or city where such sale is to take place, and if no newspaper is published therein, in a newspaper nearest thereto. Such notice shall state the time and place of the sale, and shall describe the property to be sold. A copy of such notice shall be served personally or by mail at least ten days before such sale upon the persons served with the notice of lien as prescribed in the preceding section.

43. Disposition of proceeds of sale. The lienor shall, out of the proceeds of the sale, pay the expenses thereof, and the expenses of the removal of such monument, gravestone, inclosure or other structure from the cemetery or burial ground, not exceeding fifty dollars, if a monument, and ten dollars, if a gravestone, inclosure or other structure, and retain out of such proceeds, the

Liens for Labor on Stone.

S$ 44-50

amount due upon the judgment recovered in the action to enforce the lien, and the residue, if any, shall be forthwith paid to the judgment debtor.

844. Duties of officers of cemetery associations.--The superintendent or other person in charge of a cemetery or burial ground shall not permit the removal, alteration or inscription of a monument, gravestone, inclosure or other structure, against which a lien exists, after the notice of such lien has been filed and served as prescribed in this article, except pursuant to the terms of a judg. ment recovered in an action brought to enforce such lien. No officer of a cemetery association, or other person connected with a cemetery or burial ground, shall hinder or obstruct the removal in a proper manner of any such monument, gravestone, inclosure or other structure pursuant to the terms of such judgment.

ARTICLE IV.

LIENS FOR LABOR ON STONE.

SECTION 50. Lien for labor performed in quarrying, mining, dressing and cutting stone.

51. Duration and effect of lien.

52. Discharge of lien.

§ 50. Lien for labor performed in quarrying, mining, dressing and cutting stone.-A person employed in a quarry, mine, yard or dock at excavating, quarrying, mining, dressing or cutting sandstone, granite, cement stone, limestone, bluestone or marble, may have a lien on such sandstone, cement stone, granite, limestone, bluestone or marble, for the amount due for the labor expended thereon, upon filing a notice of lien in the office where a chattcl mortgage upon such sandstone, cement stone, granite, limestone, bluestone or marble is required to be filed, as provided in this chapter. Such notice must be filed within thirty days after the completion of such labor and must state the amount due therefor, the name and residence of the lienor, and the name of the person for whom the labor was performed, the quantity and description of the sandstone, cement stone, granite, bluestone, limestone or marble against which the claim is made. Such notice of lien shall be endorsed, filed and entered by the proper officer, in the same manner as chattel mortgages, and the same fee shall be charged therefor. A copy of the notice so filed shall be served upon the owner of such sandstone, cement stone, granite, lime

stone, bluestone or marble or upon the person in charge of the quarry, mine, yards or docks wherein such services were performed within five days after the filing thereof. (As amended by chap. 322 of 1899.)

§ 51. Duration and effect of lien.-Such lien shall terminate unless an action is brought to enforce the same within three months after the date of filing such notice, as provided in the code of civil procedure for the enforcement of a lien upon a chattel. If the labor upon such sandstone, cement stone, granite, bluestone, limestone or marble is performed for a contractor under a contract with the owner of such quarry, mine, yard or dock, the owner shall not be liable to pay by reason of all the liens filed against such quarry, mine, yard or dock, a greater sum than the amount unpaid upon such contract at the time of filing such notices, or in case there is no contract, than the aggregate amount unpaid of the value of labor and services performed, pursuant to the preceding section. The lien created by this article shall not attach to any material which shall have become a part of any building or structure, or cease to be the property of the person for whom such labor was performed. (As amended by chap. 322 of 1899.)

852. Discharge of lien.-Such lien may be discharged by a payment of the amount due thereon, by a failure to bring an action to enforce the same within the time prescribed in the preceding section, by the written consent of the lienor, duly acknowledged and filed with the proper officer to the effect that such lien may be discharged, and by the owner of such sandstone, cement stone, granite, bluestone, limestone or marble filing with such officer an undertaking in an amount equal to twice the sum specified in the notice of lien, executed by one or more sureties who shall justify in such amount and approved by the officer with whom the notice of lien is filed, conditioned for the payment of the sum due such lienor, by reason of such lien, and the cost and expenses of enforcing the same. (As amended by chap. 322 of 1899.)

ARTICLE V.

LIENS FOR SERVICE OF STALLIONS.

SECTION 60. Lien on mare and foal.

61. Statement and certificate.

62. Copy of statement and certificate to be filed.
63. Penalty.

Liens for Service of Stallions.

§§ 60-63

60. Lien on mare and foal.-On complying with the provisions of this article, the owner of a stallion shall have a lien on each mare served together with the foal of such mare from such service, for the amount agreed on at the time of service, or if no agreement was made, for the amount specified in the statement hereinafter required to be filed, if within one year after such service he files a notice of such lien in the same manner and place as chattel mortgages are required by law to be filed. Such notice of lien shall be in writing, specifying the person against whom the claim is made, the amount of the same and a description of the property upon which the lien is claimed, and such lien shall terminate at the end of one year from the date of such filing, unless within that time an action is commenced for the enforcement thereof, as provided in the code of civil procedure for the foreclosure of a lien on chattels.

§ 61. Statement and certificate.-A person having the custody or control of a stallion and charging a fee for his services, shall, before advertising or offering such services to the public, file with the clerk of the county in which he resides or in which such stallion is kept for service, a written statement giving the name, age, description and pedigree, if known, and if not, stating that the same is unknown, of such stallion and the terms and conditions. on which he will serve. On filing such statement, the county clerk shall record the same in a book provided for that purpose and issue a certificate to such person, that such statement has been so filed and recorded. He shall be entitled to receive ten cents per folio for recording such statement and for such certificate.

§ 62. Copy of statement and certificate to be posted.-The person having the custody and control of such stallion, shall post a written or printed copy of such statement and certificate in a conspicuous place in each locality in which said stallion is kept for service.

§ 63. Penalty.--A person who neglects or refuses to file and post such statement as required in this article, or falsely states the pedigree of such stallion in such statement, forfeits all fees for the services of such stallion and is liable to a person deceived or defrauded thereby for the damages sustained.

$8 70-72

Article VI.

ARTICLE VI.

OTHER LIENS ON PERSONAL PROPERTY.

SECTION 70. Artisans' lien on personal property.

71. Liens of hotel, inn, boarding and lodging house keepers.

72. Factors' liens on merchandise.

73. Warehouse liens.

74. Lien of bailee of animals.

70. Artisans' lien on personal property.-A person who makes, alters, repairs or in any way enhances the value of an article of personal property, at the request or with the consent of the owner, has a lien on such article, while lawfully in possession thereof, for his reasonable charges for the work done and materials furnished, and may retain possession thereof until such charges are paid.

871. Liens of hotel, inn, boarding and lodging house keepers. -A keeper of a hotel, inn, boarding house or lodging house, except an emigrant lodging house, has a lien upon, while in possession, and may detain the baggage and other property brought upon their premises by a guest, boarder or lodger, for the proper charges due from him, on account of his accommodation, board and lodging, and such extras as are furnished at his request. If the keeper of such hotel, inn, boarding or lodging house knew that the property so brought upon his premises was not, when brought, legally in possession of such guest, boarder or lodger, or had notice that such property was not then the property of such guest, boarder or lodger, a lien thereon does not exist. (As amended by chap. 380 of 1899.)

§ 72. Factors' lien on merchandise.—A person, in whose name any merchandise shall be shipped, is deemed the true owner thereof so far as to entitle the consignee of such merchandise to a lien thereon,

1. For any money advanced or negotiable security given by such consignee, to or for the use of the person in whose name such shipment is made; and

2. For any money or negotiable security received by the person in whose name such shipment is made, to or for the use of such consignee.

Such lien does not exist where the consignee has notice, by the bill of lading or otherwise, when or before money is advanced or security is given by him, or when or before such money or security