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tools of his occupation to the value of twenty dol-
provisions and fuel to the value of twenty dollars, the uniform, arms and equipments of every officer and private in the militia, his interest in one pew in any meetinghouse in which he or his family usually worship, and his interest in one lot or right of burial in any cemetery. (See page 155.)
Mechanics' Lien. If any person shall perform any labor or furnish any materials toward building, repairing, fitting or furnishing any vessel, payment for which is due, he shall have a lien therefor on such vessel for the space of four days after the vessel is completed. Such lien may be secured by attachment of the vessel within said four days, and such attachment shall have precedence of all other attachments and claims, except the lien for mariners' wages.
If any person under any written contract, shall furnish any labor or materials for erecting, repairing, or altering, any building, he shall have a lien therefor upon such house or building and upon the interest of the person for whom such labor and materials are furnished, in the lot of land on which it stands, for the space of thirty days after the payment of said labor or materials shall become due by said contract. Such lien shall not attach unless such contract is made in writing, expressing the terms thereof fully, and a true copy of the same left with the townclerk of the town in which such house or building is situate.
Such lien may be secured within the thirty days aforesaid, by an attachment of such building and land, and such attachment shall have precedence of all attachments made where no such lien exists, after the filing of such contract with the town-clerk.
If the land on which such building is situate, or to be erected, is under mortgage or attachment at the time of filing the copy of the contract as aforesaid, such prior mortgagee, or attaching creditor shall be preferred to the extent of the value of the land and building at that time.
If two or more persons having such lien upon the same property, shall secure the same by attachment, they shall severally hold according to the priority of their several liens.
If the owner of such land or building shall have failed to perform his part of any such contract, by reason whereof the other party shall without his default, have been prevented from completing such contract, the latter shall have a lien on such building and land for such sum as is his due for what he has done.
Any lien aforesaid may be discharged at any time by the payment or tender of the amount due, together with the costs of any attachment made to secure the same.
These provisions shall not be in force in any town, unless, adopted by such town at some meeting called for that purpose.
Limitation of Actions.
No action for the recovery of any real estate shall be maintained, unless such action is brought within twenty years after the right first accrued to the plaintiff, or to any person under whom he claims, to commence an action for the recovery thereof.
If the person first entitled to maintain an action for the recovery of such real es. tate was within the age of twenty-one years, a married woman, or insane, at the time such right accrued, such action may be commenced within five years after such disability is removed.
Actions for words, and for assault, battery, wounding, or imprisonment, shall be brought within two years after the cause of action accrued, and not afterward.
All other personal actions shall be brought within six years after the cause of action accrued, and not afterward.
Actions of debt founded upon any judgment or recognizance, or upon any contract under seal, may be brought within twenty years after the cause of action accroed, and not afterward.
Actions upon notes secured by mortgage, may be brought so long as the plaintiff is entitled to commence any action upon the mortgage.
Writs of error may be commenced within three years after judgment, rendered, and not afterward.
Any infant, married woman, or insane person, may commence either of the personal actions aforesaid, within two years after such disability is removed.
If the defendant, at the time the cause of action accrued, or afterward, was absent from or residing out of the state, the time of such absence shall be excluded in the computation of the several times before limited for the commencement of personal actions.
If judgment shall be rendered against the plaintiff in any action commenced within the times before limited, or upon any writ of error brought thereon, he may commence a new action thereon within one year thereafter, in case his right of action is not barred by such judgment.
Collection of Debts. ARREST.-No female shall be arrested or imprisoned upon any writ in any action founded on contract.
No person shall be liable to arrest on mesne process in any real action or actions of ejectment.
No person shall be arrested or imprisoned on any writ in any action founded on a contract unless the debt or damage for the recovery of which such action may be brought, exclasive of all the costs, shall exceed the sum of thirteen dollars and thirty-three cents.
No person shall be arrested upon any writ or execution founded on a contract made after the first day of March, eighteen hundred and forty-one, unless the plaintiff or some person in his behalf shall make an affidavit before a justice, on the back of such writ, that in his belief the defendant is justly indebted to him in a certain sum exceeding thirteen dollars and thirty-three cents, and that he conceals his property so that no attachment or levy can be made, or there is good reason to believe he is about to leave the state, to avoid the payment of his debts.
If any person shall be committed to prison by the officer or his bail, or upon surrender by his bail, he shall, unless he shall be bailed before the judgment, be held for the plaintiff as execution may issue upon, unless sooner legally discharged.
ATTACHMENT.-All property, real and personal, which is liable to be taken in execution, may be attached and held as security for the judgment the plaintiff may
Law Regulating Contracts. No action shall be maintained upon any contract for the sale of lands, unless the agreement upon which such action shall be brought or some memorandum thereof is in writing, and signed by the parties to be charged therewith, or by some other person thereunto lawfully authorized by writing.
No action shall be brought in the following cases:
1. To charge any executor or administrator upon any special promise to answer damages out of his own estate;
2. To charge any person upon any special promise to answer for the debt, default, or miscarriage of another person;
3. To charge any person upon an agreement made upon consideration of mar. riage;
4. To charge any person upon any agreement that is not to be performed within one year from the time of making it;
Unless such promise or agreement or some memorandum or note thereof is in writing and signed by the party to be charged therewith, or by some person there unto by him lawfully authorized.
No action shall be brought upon any contract for the sale of any goods, wares or merchandise, for the price of thirty-three dollars, or upward, and no such contract shall be valid unless the buyer shall accept part of the property so sold an? actually receive the same, or give something in earnest to bind the bargain, or in part payment, or unless some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract or their agenta thereunto lawfully authorized