Sidebilder
PDF
ePub

AN ACT to Amend the License Laws of this Territory.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming :

traders shall

SECTION 1. That from and after the passage of this act, no Non-resident person or persons, company or corporation, being non-resident, pay license. shall, in person or by employe, traveling or local agent, drummer or salesman, sell by sample or otherwise, in any county of this Territory, any goods, wares or merchandise, either foreign or domestic, without first having obtained a license therefor in the same manner provided for regular wholesale and retail traders, by the eighteenth chapter of the laws of Wyoming, passed at the session of 1869; Provided, This shall not apply to traveling agents, Proviso. who sell exclusively by sample or otherwise, to regular merchants doing business in this Territory.

SEC. 2. That any person or persons, company or corporation Penalty. who shall violate any of the provisions of the foregoing section, shall be punished in the manner provided in the second section of an act, entitled "An act to regulate the sale of goods, wares and merchandise, by sample, in Wyoming Territory," approved 16th December, 1871; Provided, That no license shall be granted Proviso. to any non-resident trader for a less period than six (6) months.

SEC. 3. That all acts or parts of acts inconsistent with the fore- Repealed. going be, and the same are, hereby repealed.

Approved, December 13, 1873.

[NOTE-The second section of the "act approved 16th December, 1871," to which refer ence is made in section two in the above act, is as follows.-COMPILERS.]

for each of

SEC. 2. Any person or persons, employe, traveling or local Penalty, $100 agent, drummer or salesman, who, in violation of this act, shall fense, vend, barter, sell or dispose of any goods, wares, merchandise or other personal property, shall be deemed guilty of a misdemeanor, and shall forfeit and pay into the county treasury of the county where the violation occurs, the sum of one hundred dollars, for each and every offense, to be collected by civil action or by complaint or indictment.

CHAPTER 77.

Who entitled to lien.

If charges not filed in thirty days.

Appraisers

sworn.

Ten days' notice.

served.

LIENS.

AN ACT Giving Liens to Mechanics, Artisans, and Other Persons upon Personal Property
in Certain Cases,

Be it enacted by the Council and House of Representatires of the
Territory of Wyoming:

SECTION 1. That any mechanic, artisan, or other person, who shall make, alter, repair or bestow labor upon any article of per sonal property, at the request of the owner or party having possession thereof, or who shall furnish materials from which the same is made or repaired, shall have a lien upon all such articles of personal property, for his reasonable charges for the labor performed, or materials furnished and used in such making, alteration, repair, or improvement.

SEC. 2. If any such charges for which a lien is given by the preceding section, be not filed within thirty days after the same becomes due and payable, the mechanic or other person to whom such lien is given, may apply to any justice of the peace of the county wherein he resides, to appoint appraisers to appraise the several articles of personal property, when such lien is claimed. Such justice shall thereupon appoint by warrant, under his hand and seal, the appraisers being responsible householders of the county, not interested in the matter, to appraise such personal property.

SEC. 3. The appraisers so appointed, shall be sworn by the justice, to well and faithfully appraise and value all such personal property, and shall thereupon proceed to view and appraise the same, and shall return appraisement, wherein shall be set down each article separately, to the justice, by whom they were appointed, within ten days after their appointment.

SEC. 4. After such appraisement is made, the person to whom such lien is given by the foregoing sections, shall give ten days' prior notice of the time, place, and terms of sale, together with a Personally description of the property to be sold. Such notice shall be personally served upon the owner, or the person from whose possession such property was received, if such owner or person reside within the county; if not, by publication in some newspaper pul lished in the county wherein the person attempting to enforce his lien resides, (or if there be no such newspaper, then by posting in three public places within such county for at least four weeks,)

Publication.

and shall transmit by mail to the owner, at his usual place of abode, if known, a copy of such notice, the notice being personally served, or the service being complete after four weeks, the party claiming a lien, may proceed to sell all such personal property, or as much thereof as may be necessary to pay his claim, at public auction, for cash in hand, at any public place within such county, named in such notice, between the hours of ten a. m. and four p. m. of the day appointed; and from the proceeds may pay the reasonable costs of such appraisement, notice, and sale, and his reasonable charges for which he hath his lien. The residue of the property unsold, he shall surrender unto the owner.

less

SEC. 5. No such sale shall be made for less than two-thirds of sale for not the appraised value of the article sold, nor except upon due notice, than twoas required by the preceding section. Every such sale made in violation of the provisions of this section shall be absolutely

void.

SEC. 6. At any such sale, the person to whom such lien is Holder of lien given, may become the purchaser.

may purchase

SEC. 7. In any case where the property to be sold cannot con- Sale continu'd veniently be sold in one day, the sale may be continued from day from day to to day, by public outery, at the place of sale. Upon the completion of such sales, the person to whom the lien is given hereby, shall cause a bill of sale thereof to be filed with the justice of the peace before whom the appraisement was had, in which shall be set down the sum for which each separate article of property was sold, and the name of the purchaser. The justice shall record such bill of sale in his docket, and preserve the original thereof, together with the appraisement.

action not taken away.

SEC. 8. Nothing herein contained shall be so construed as to when right of take away the right of action of the party to whom such lien is given for his charges, or for any residue thereof after sale of such property.

SEC. 9. At any such sale, the person to whom such lien is given Clerk and crias herein provided, may appoint a clerk and crier.

er.

SEC. 10. Appraisers appointed under the provisions of this act Fees. shall receive three dollars per day; justices of the peace shall receive for each warrant of appraisement twenty cents per one hundred words, and the like fees for recording each bill of sale. Clerks and criers at sales made under the provisions hereof, shall receive each three dollars per day.

SEC. 11. The act shall take effect and be in force from and after its passage.

Approved, December 10, 1869.

AN ACT to Create a Lien for Mechanics and Others in Certain Cases.

Be it enacted by the Council and House of Representatives of the Territory of Wyoming :

Mechanics'

lien.

have lien.

SECTION 1. Any person who shall perform any labor, or furnish Who may any material or machinery, for the erection, repair, or removal of any house, mill, manufactory, or other building, or appurtenance,

Basis of count.

ac

Limit of no

by virtue of a contract or agreement, express or implied, with the owner thereof or his agent, shall have a lien to secure the payment of the same, upon such house, mill, manufactory, or other building, or appurtenance, and the lot of land upon which the same shall stand.

SEC. 2. Every mechanic or other person doing or performing any work, or furnishing any material for the erection, repair or removal of any house, mill, manufactory, or other building or appurtenance, erected, repaired or removed, under a contract or agreement, express or implied, between the owner thereof or his agent, and the builder thereof or other person, whether such work shall be performed, or material furnished as journeyman, laborer, sub-contractor, or otherwise, whose demand for work so done or material so furnished, has not been paid, may deliver to the owner of such building or his agent, an attested account of the amount and value of the work and labor thus performed, or the materials thus furnished and remaining unpaid; and thereupon such owner or his agent, shall retain, out of his subsequent payments to the contractors, the amount of such work and labor, or material furnished, for the benefit of the person so performing or furnishing the same.

SEC. 3. Whenever any account of labor performed or material fice to contest. furnished, as referred to in the preceding section, shall be placed in the hands of the owner of any building, or his agent, as above stated, it shall be the duty of such owner or agent to furnish his contractor with a copy of such papers, so that, it' there be any disagreement between such contractor and his creditor, they may, by amicable adjustment, or by arbitration, ascertain the true sum due; and if the contractor shall not, within ten days after the receipt of such papers, give the owner or his agent written notice that he intends to dispute the claim, or if, in ten days after giving notice, he shall refuse or neglect to have the matter adjusted as aforesaid, he shall be considered as assenting to the demand, and the owner or his agent shall be justified in paying the same when it becomes due.

Filing of lien, time.

SEC. 4. The amount which may be due from any contractor to his creditor may be recovered from said owner by the creditor of said contractor, in an action at law, to the extent in value of any balance due by the owner to his contractor, under the contract with him at the time of the notice first given as aforesaid, or subsequently accruing to such contractor under the same.

SEC. 5. Any person entitled to a lien under this act, shall make an account in writing of the items of labor, skill, machinery, and material furnished, or either of them, as the case may be, and after making oath thereto, shall, within sixty days from the time of completing such labor and skill, or furnishing the last item of such machinery and material, file the same in the office of the reg ister of deeds of the county in which the building may be situated, for which such labor, skill, machinery or material shall have been furnished, and shall also file, at the same time, a correct description of the property to be charged with said lien, which account and description of said property, so made and tiled, shall be recorded in a separate book to be provided for that purpose.

year.

and shall, from the time of the completion of the work or furnish- Lien good one ing the material, and for one year thereafter, operate as a lien on the several descriptions of structures and buildings, and lots or parcels of land on which they stand, in the first section of this act named. When 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 to be filed; Provided, Proviso. That all lien claims for erecting or repairing any building, doing any labor, or furnishing any material thereon or therefor, shall be concurrent liens upon the same, and the land whereon the same is Concurrent erected, and shall be paid pro rata out of the proceeds arising from the sale thereof, if the same shall be sold.

liens.

cases where

SEC. 6. Every person holding such lien may proceed to obtain Action upon a judgment for the amount of his account thereon by civil action, liens may lie. and when any suit or suits shall be commenced on such accounts within the time of such lien, the lien shall continue until such suit or suits be finally determined and satisfied, and in all actions instituted under this act, all persons claiming liens upon the property sought to be affected, shall be made parties to such action or proceeding; and the rights of all parties to such action shall be determined by the court, and such order made therein as shall preserve and protect the rights of all such parties, under the provisions of this act.

SEC. 7. The county registers of deeds, for filing and recording all papers under this act, shall be paid the same fees as are, or hereafter may be, allowed by law for filing and recording deeds.

SEC. 8. When any person who shall have filed his account and Satisfaction of perfected his lien, pursuant to the provisions of this act, shall have lien, entry of. received satisfaction for his claim, and the legal costs of his proceedings therein, he shall, upon the request of any person interested, and within six days, enter satisfaction of his lien in the office where such account and lien is of record, which shall forever thereafter discharge, defeat and release the same.

ter satisfac

SEC. 9. If any person having received satisfaction as specified Neglect to enin the preceding section, or having been tendered the amount due tion. on his claim with legal costs, shall not, within six days after request, enter satisfaction as aforesaid, he shall forfeit and the person aggrieved, double the amount of damages which may have been sustained in consequence of such refusal or neglect.

pay to

on personal

SEC. 10. Any person who shall make, alter, repair or bestow Lien for labor labor on any article of personal property, (at the request of the goods or prop owner thereof, or other person authorized by the owner to make erty. such request), shall have a lien on such property so made, altered or repaired, 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 shall be paid, and if they be not paid within thirty days after the labor shall have been performed, or the materials furnished, such person having such lien may proceed to sell the property by him sale of propso made, altered or repaired, or upon which labor has been erty, manner bestowed, at public auction, by giving public notice of such sale by advertisement for three weeks in some newspaper of general

of.

« ForrigeFortsett »