« ПретходнаНастави »
10 men or selectmen may appoint, at the expense of the 11 applicant, that any person interested may be heard 12 before such license is granted.
1 Sect. 8. Any person aggrieved by any such order, 2 as provided in sections second, third and fourth of this 3 act, may apply to the court of common pleas, if sitting 4 in such county, or to any justice thereof in vacation, 5 for a jury, and such court or justice shall issue a war6 rant for a jury to be impannelled by the sheriff, in the 7 same manner as is provided in the twenty-fourth chap8 ter of the Revised Statutes, in regard to the laying 9 out of highways; such application shall be made 10 within three days after such order is served upon the 11 said owner; and the said jury shall be impannelled 12 within fourteen days from the issuing of said warrant.
Sect. 9. Upon any application to said court of 2 common pleas, or to any justice thereof, for a jury, 3 said court or justice, on granting the same, shall issue 4 an injunction restraining the further use of said engine 5 or furnace, until the final determination of such appli6 cation by the jury and court to which such verdict 7 may be returned.
1 SECT. 10. The jury shall find a verdict either 2 affirming or annulling the said order in full, or making 3 alterations therein, as they may see fit; which verdict 4 shall be returned to the next term of the said court by 5 the sheriff for acceptance, in like manner as in the 6 case of highways, and, being accepted, shall be binding 7 to the same effect as the original order would be with8 out such appeal.
If the verdict shall affirm such order,
2 costs shall be recovered by the city or town against 3 such applicant; if the verdict shall annul such order 4 in whole, costs shall be recovered by the complainant 5 against such city or town; and in case the verdict 6 shall alter such order in part, the court may render 7 such judgment as to costs, as to justice shall appertain.
SECT. 12. This act shall take effect from and after
2 its passage.
Commonwealth of Massachusetts,
In the Year One Thousand Eight Hundred and Forty
Concerning the Liens and Remedies of Mechanics and
BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows:
Sect. 1. Whenever the owner of or in any build2 ing lot shall hereafter enter into any contract with any 3 irresponsible person, or persons, known to him to be 4 such, to erect or repair any building or buildings on 5 the same, or shall contract to convey such building 6 lot on any terms or conditions to such irresponsible 7
person or persons, when he or they shall have erected
8 thereon any building or buildings in pursuance of such 9 contract; and it shall be made to appear to the satis10 faction of any jury who may try the same, that such 11 owner and irresponsible person or persons have collu12 ded together to defraud the mechanics and laborers 13 who may have bestowed labor, and the persons who 14 may
have furnished materials for the erection or re15 pair of such building or buildings, out of their just 16 claims for such labor or materials, then, and in every 17 such case, on issue found of such collusion to defraud, 18 in such manner as the court before whom the trial 19 shall be, may order, every such mechanic and laborer 20 who may have bestowed labor, and person who may 21 have furnished materials on a contract with either of 22 said parties, shall have a lien on such building lot and 23 building, or buildings, erected thereon, to be enforced 24 within the time and in the manner as prescribed in 25 Chap. 117 of the Revised Statutes, for the full amount 26 of his just claim, to be ascertained and paid in the 27 manner provided in said chapter.
Sect. 2. Every such owner of or in a building lot, 2 and irresponsible person or persons, so colluding to3 gether to defraud, shall also be deemed and taken to 4 be co-partners, and answerable as such for all the la5 bor performed, and materials found and used in the 6 erection or repairing of any such building or buildings, 7 at the just value of such labor and materials, to the
person or persons severally, who performed such labor 9 and furnished such materials, in an action of assump10 sit, in any court having jurisdiction of the same; and 11 proof of such collusion to defraud as aforesaid, in any 12 such action, shall be deemed and taken to be proof of