striction for any length of time, of the privilege of maintaining telegraph posts, Telegraph wires, or apparatus in, upon, or over any lands or buildings of other poles &c., repersons or corporations, shall confer a legal right to the continued fect of mainenjoyment of such easement, or raise any presumption of a grant taining. thereof. on, ef SECTION 1. Whenever any bond of defeasance or other instrument shall be executed, which shall cause any deed or other conveyance of lands, tenements, or hereditaments to operate as a mortgage, or to pass an estate redeemable, such bond or other instrument shall be recorded in the office of the town clerk in the town where such lands, tenements, and hereditaments are situated. Bond of defeas- Mortgages of SEC. 2. If the person entitled to such bond of defeasance or other Effect of, if not instrument shall neglect to cause the same to be lodged or recorded recorded. as aforesaid, the same shall not cause the deed to which it relates to operate as a mortgage against any person who shall bona fide, and without notice of such incumbrance, purchase the real estate conveyed in such deed, of the person to whom the same was made; and the person entitled to the same as aforesaid shall be barred of all right of redemption against such second purchaser, his heirs, or assigns. SEC. 3. All real estates conveyed or pledged by mortgage, or deed of bargain and sale with defeasance, shall be redeemable by the mortgagor or vendor, his heirs, executors, administrators, or assigns, on paying the moneys borrowed thereon, with interest, or performing the condition on which the same was conveyed or mortgaged, deducting the rents and profits the mortgagee or any under him may have received over and above the taxes and assessments paid out, and suitable repairs, insurance, and improvements made by him or them, and all other necessary expenses in the care and management of the premises. SEC. 4. No mortgagor, his heirs, executors, administrators, or assigns shall be allowed to redeem any mortgaged real estate, but shall be forever barred and foreclosed of all equity and right of redemption therein, unless such mortgagor, his heirs, executors, administra real estate, on what terms re deemable. Right of redemption of, when barred, by possession under process. Certificate of delivery of possession, by whom given, and how acknowledged. Mortgage, how may be dis charged on the record, &c. Mortgagee, how liable for Other dis tors, or assigns shall pay to the mortgagee, his heirs, executors, administrators, or assigns the full sum, both principal and interest, due on such mortgage, within three years next after such mortgagee, or other person claiming under him, shall, by process of law, or by peaceable and open entry, made in the presence of two witnesses, have taken actual possession of such mortgaged estate, and continued the same during said term. SEC. 5. Whenever possession shall be taken in the of presence witnesses as aforesaid, they shall give to the mortgagee, or other person taking possession under him, a certificate of such possession being taken; and the person delivering possession shall acknowledge the same to have been voluntarily done, before a justice of the peace in the town where such mortgaged estate lies, which certificate and acknowledgment shall be recorded in the town clerk's office of such town. SEC. 6. Every mortgagee of lands, tenements, or other real estate, his heirs, executors, administrators, or assigns, having received full satisfaction for the money due on such mortgage, shall, at the request of the mortgagor, his heirs, executors, administrators, or assigns, and at his or their cost, discharge the same by release under hand and seal, upon the mortgage, or upon the face or margin of the record thereof, or by separate instrument, to be recorded upon the face or margin of the record of the mortgage, or in the proper record book, with suitable references to the original record, which shall forever afterwards discharge, defeat, and release such mortgage, and perpetually bar all actions to be brought thereupon in any court. SEC. 7. If any mortgagee, his heirs, executors, administrators, or assigns shall not, within ten days after a request made in that behalf, and a tender of all reasonable charges therefor, discharge such mortgage in one of the modes aforesaid, or otherwise make and execute a release and quitclaim of the estate so mortgaged, and acknowledge the same before some proper officer, he or they so refusing shall be liable to make good all damages that shall accrue for want of such discharge or release, to be recovered by an action of the case in a court of record; and in case judgment shall pass against the party sued, he shall pay the plaintiff treble costs upon such suit. SEC. 8. Nothing herein contained shall be construed to defeat, incharges good. validate, annul, or render ineffectual any other legal discharge, payment, satisfaction, or release of any mortgage. Mortgages of personal prop, erty, when and how far invalid, unless recorded. How to be recorded. When redeemable at law. SEC. 9. No mortgage of personal property hereafter made shall be valid against any other person than the parties thereto, unless possession of the mortgaged property be delivered to and retained by the mortgagee; or unless the said mortgage be recorded in the office of the clerk of the town where the mortgagor shall reside, if in this state, and if not, where the property is at the time of making the same: Provided, that nothing herein contained shall affect any transfer of property under bottomry or respondentia bonds, or of any ship or goods at sea or abroad, if the mortgagee shall take possession thereof as soon as may be after the arrival of the same in this state. SEC. 10. Every town clerk shall record mortgages of personal property in a book to be by him kept for that purpose, with the time when the same are received and recorded. SEC. 11. Whenever the condition of any mortgage of personal property has been broken, the mortgagor, or any person lawfully claiming or holding under him, may redeem the same at any time within sixty days thereafter, unless the property shall in the mean time have been sold, in pursuance of the contract between the parties. have deemed at law. SEC. 12. The person entitled to redeem the property shall pay or How to be reteader to the mortgagee, or to the person holding under him, the sum due on the mortgage, with all reasonable and lawful charges and expenses incurred in the care and custody of the property, or otherwise arising from the mortgage thereof; and if the property is not forthwith restored, the person entitled to redeem the same may recover it in an action of replevin, or may recover such damages as he may sustained by the withholding thereof, in any proper action. SEC. 13. Any person entitled in equity to redeem any mortgaged property, whether real or personal, may prefer a bill to redeem the same to the supreme court in the county in which the real estate sought to be redeemed is situated, or in which the mortgagor of personal property may reside, if in this state, and if not, then in any county in this state; which bill may be heard, tried, and determined by said court, according to the usages in chancery, and the principles of equity. SEC. 14. Any person entitled to foreclose the equity of redemption in any mortgaged estate, whether real or personal, may prefer a bill to forclose the same to the supreme court sitting in the county in which such premises are situated, if such premises are real estate, and if personal, then in the county in which the mortgagor may reside, if in this state, and if not, then in any county in this state; which bill may be heard, tried, and determined by said court, according to the usages in chancery, and the principles of equity. How to be re deemed in equity. Of foreclosure of mortgages on real and personal estate. mortgagee to bid at mort SEC. 15. At any sale by public auction, made under and according to Of the right of the provisions of any deed of mortgage, mortgage bill of sale, or other conveyance by way of mortgage, or of any power of sale con- gage sale. tained therein, or annexed thereto, the mortgagee in such deed of mortgage, or other conveyance, his or their assigns, or his or their legal representatives, or any person for him or them, may fairly and in good faith bid for and purchase such estate or property so put up for sale, or any part thereof, in the same manner as the same may be bid for and purchased by any other persons: Provided, that notice in writing of the mortgagee's intention to bid shall be given to the mortgagor, or left at his last and usual place of abode, twenty days prior to the time of sale at which he proposes to bid as mortgagee, and that proper evidence that such notice has been given shall be in the possession of the auctioneer at the time the sale takes place. Lien of me chanics contracting with owner of land. Lien of, in case of contract with lessee. SECTION 5. When not under written contract, commenced. 6. Lien of sub-contractor when lost, 8. Time of filing claim to be noted. 10. Of notice on petition. 11. Citation, what to contain, and how 12. Of surety for costs on, and con- 13. Of costs on petitions. SECTION 14. Petition against corporation, in 15. Who may contest petition. 19. What machinery and fixtures part 20. "Land," how much included. 22. Of notice of sale, when decreed. SECTION 1. Whenever any building, canal, turnpike, railroad, or other improvement shall be constructed, erected, or repaired by contract with or at the request of the owner thereof, such owner being at the time the owner of the land on which the same then is, or by the husband of such owner with the consent of his wife in writing, such building, canal, turnpike, railroad, or other improvement, together with the said land, is hereby made liable, and shall stand pledged for all the work done in the construction, erection, or reparation of such building, canal, turnpike, railroad, or other improvement, and for the materials used in the construction, erection, or reparation thereof, which have been furnished by any person who had contracted or been requested as aforesaid to construct, erect, or repair the same, before any other lien which shall originate subsequent to the commencement of such erection, construction, or reparation on such land. SEC. 2. Whenever any building, canal, turnpike, railroad, or other improvement shall be constructed, erected, or repaired by contract with, or at the request of, any lessee or tenant thereof, or by the husband of such lessee or tenant, with the consent of his wife in writing, the interest and title of such lessee and tenant in the said building, canal, turnpike, railroad, or other improvement, and in the land on which the same is located, shall stand pledged for all the work done and materials used and furnished as aforesaid, in the construction, erection, or reparation of such building, canal, turnpike, railroad, or other improvement, and not the interest or title of the landlord of such lessee or tenant, unless the consent in writing of such landlord is first obtained, assenting to such construction, erection, or reparation, and acknowledging his estate to be also holden for the payment thereof. SEC. 3. Whenever any building, canal, turnpike, railroad, or other improvement shall be constructed, erected, or repaired by contract; ing less than a with, or at the request of, the owner thereof, such owner being, at the time, owner of less than a freehold in the land on which the same is located, or by the husband of such owner, with the consent of his wife in writing; and unless such consent in writing shall be given, no lien shall be had either against the husband's or wife's interest in the same; such building, canal, turnpike, railroad, and other improvement, together with the title and interest of the owner thereof, in the land on which the same is located, shall stand pledged for all the work done and material used and furnished as aforesaid, in the construc Lien of, in case of contract with one own freehold in land. tion, erection, or reparation of such building, canal, turnpike, railroad, or other improvement, and not the interest or title of the owner of the fee in such land, unless the consent in writing of such owner is first obtained, assenting to such construction, erection, or reparation, and acknowledging his estate to be also holden for the payment thereof. tract, when SEC. 4. If such building, canal, turnpike, railroad, or other im- Lien under provement shall be constructed, erected, or repaired under a written written concontract, then the lien created by this chapter, in favor of such con- legal process tractor, for the sums stipulated to be paid on such contract, shall be must be comwholly lost, unless legal process shall be commenced for enforcing menced to enthe same, in manner hereinafter provided, within four months from the time that any payment on such contract shall become due and payable, if such payment shall not then be made. force. under written contract. SEC. 5. No person who shall do work for, and furnish materials to When, if not be used in, the construction, erection, or reparation of any building, canal, turnpike, railroad, or other improvement, without written contract, shall have any advantage of any lien therefor created by this chapter, unless he shall commence legal process for enforcing the same, in manner hereinafter provided, within six months from the time of the commencing the doing of such work, or of the commencing the delivery of materials, if payment for the same shall not then be made. when lost, SEC. 6. No person who shall do work or labor in the construc- Lien of subtion, erection, or reparation of any building, canal, turnpike, railroad, contractor or other improvement, at the request of any person who had en- unless legal tered into a contract, whether in writing or not, for such construc- process comtion, erection, or reparation, shall have any lien therefor, unless such menced. person shall, within thirty days after commencing the work, give notice in writing to the person against whose estate or title he claims a lien, that he has commenced the work, and that he shall claim the benefit of the lien created by this chapter; and the lien thereby created shall be wholly lost, unless such person having the same shall, within four months from the time notice shall be given as aforesaid, commence legal process, as is hereinafter provided, to enforce such lien. SEC. 7. The commencement of legal process to enforce the liens thereby created shall be the lodging the account or demand for which the lien is claimed, in the office of the clerk of the town or towns in which the building, canal, turnpike, railroad, or other improvement is situated, with notice to what building, canal, turnpike, railroad, improvement and land, and to what or whose estate in the same, the said account or demand refers; and the said clerk shall record the names of the parties, the amount of the claims, and the notice aforesaid, and the exact time of the filing said account or demand in his office, in a book to be by him kept for that purpose; but the original account need not be recorded, but shall be kept on file. Legal process, what, and of recording claims. account to be noted. SEC. 8. Whenever any account or demand is left with any town Time of filing clerk in pursuance of the next preceding section, the clerk shall note thereon the exact time, as near as may be, when the same was lodged with him as aforesaid. SEC. 9. At least twenty days before the term of the supreme court in the same county, or in either of the counties, in which the said building, canal, turnpike, railroad, or other improvement shall lie, which shall be holden not less than twenty days next after commencement of legal process as before provided, the person so commencing the same shall file his petition in equity, in the clerk's office of said court, setting forth the particulars of his account or demand, and par Petition to enforce lien, where filed, and what to when and contain. |