such cars; but nothing in this section shall prevent any such company from inclosing its platforms or placing fenders on its cars without such order.General Statutes, 1902, Section 3869.

Sec. 62. Penalty. Any company operating such 1897,ch.241,§2 car or cars which shall neglect or refuse to comply with any order relating to platforms made pursuant

to Section 3869 shall forfeit to the state twenty-five dollars for each day of such neglect or refusal.General Statutes, 1902, Section 3870.

Sec. 3870. Repeals all inconsistent provisions of municipal charters and ordinances. 67 C. 216.

Sec. 63. Sunday laws not applicable to electric cars. No law affecting travel, business, or labor on Sunday, or the operation on Sunday of any railroad or railway, shall apply to any railroad company or street railway company so as to prohibit or limit the operation on Sunday of electric cars.-General Statutes, 1902, Section 3875.

Sec. 3875. A street railway company is liable for negligence resulting in injury to passenger riding for pleasure on Sunday. 66 C. 272.

Sec. 64. Exemption of homestead to one thousand dollars. Any person owning and actually occupying as a dwelling any building may execute a written declaration of his desire and intention that the same, together with any other real estate occupied and used by him in connection therewith, shall be held by him as a homestead exempt from execution, which declaration shall be executed and recorded like a deed of land, or may be expressed in any conveyance of any such property; and thereupon such property to the extent of one thousand dollars in value shall as a homestead be exempt

1899,ch.63

1885. Rev.1888, §2783

1855,1867 Rev.1888, §3019

from attachment, execution, or judgment lien for any debt or liability of such person incurred after the record of such declaration or conveyance, so long as such property shall be actually occupied by the owner as a dwelling; and if the same shall be sold for the payment of any such debt or liability after his decease, excepting expenses for his funeral and last sickness, such sale shall be subject to the right of occupation of such property by the widow or husband of the decedent, if any, for life, and by his children during their minority; and such right of occupation shall be free from attachment, execution, or judgment lien for any debt or liability of such widow, husband, or children. Any homestead right of exemption may be released as to the whole or any part of the property so exempted, provided the husband or wife, if any, of the owner join in the declaration of release; the husband or widow may release his or her right of occupation in any such property; and the guardian of any minor child may, with the consent of the court of probate, release the right of occupation of such child in any real estate. All such releases shall be executed and recorded like deeds of land. No person shall have a homestead exemption in more than one dwelling at the same time.-General Statutes, 1902, Section 4065.

Sec. 65. Certificate of lien to be recorded. No such lien shall be valid, unless the person performing such services or furnishing such materials, within sixty days after he has ceased so to do, shall lodge with the town clerk of the town in which said building is situated a certificate in writing, describing the premises, the amount claimed as a lien thereon, and the date of the commencement of the performance of services or furnishing of materials, stating that the amount claimed is justly due, as nearly as the same can be ascertained, and sub

scribed and sworn to by the claimant; which certificate shall be recorded by the town clerk with deeds of land; but in case a party who might have. filed such a certificate dies before filing the same, his executor or administrator may make and lodge such a certificate within three months from the time of qualification of such executor or administrator; provided that such certificate must be lodged. within six months from the decease of the original claimant.-General Statutes, 1902, Section 4136.

Sec. 66. Notice of intent. Liens of subcontract

1855.1879 Rev.1888.§3020

1901.ch.30

ors and material men. No person other than the 1899,ch.121.$1 original contractor for the construction, raising, removal, or repairing of the building, or a sub-contractor, whose contract with such original contractor is in writing, and has been assented to in writing by the other party to such original contract, shall be entitled to claim any such lien, unless he shall, after commencing, and not later than sixty days after ceasing, to furnish materials or render services for such construction, raising, removal, or repairing, give written notice to the owner of such building that he has furnished or commenced to furnish materials, or rendered or commenced to render services, and intends to claim a lien therefor on said building; which shall be served upon said owner, if he resides in the same town in which said building is being erected, raised, removed, or repaired, by any indifferent person, by leaving with him or at his usual place of abode a true and attested copy thereof; and if said owner does not reside in said town, but has a known agent therein, such notice may so be served upon said agent, otherwise it may be served by any indifferent person, by mailing a true and attested copy of said notice to such owner at the place where he resides; and when there shall be two or more owners, such notice to one of them

1855.1856 Rev.1888.§3021

shall be notice to all; and said notice with the return of the person who served it indorsed thereon shall be returned to the original maker thereof within said period of sixty days. No subcontractor, without a written contract complying with the provisions of this section, and no person who furnishes material or renders services by virtue of a contract with the original contractor or with any subcontractor, shall be required to obtain an agreement with, or the consent of, the owner of the land, as provided in Section 4135, to enable him to claim a lien under this section.-General Statutes, 1902, Section 4137.

Sec. 67. Liens limited; apportionment; payments 1899.ch.121.82 to original contractor. No such lien shall attach to any building or its appurtenances, or to the land on which the same may stand, in favor of any person, to a great amount in the whole than the price which the owner agreed to pay for such building and its appurtenances; and when there shall be several claimants, and the amount of their united claims shall exceed such price, the claimants, other than the original contractor, shall be first paid in full, if the amount of such price is sufficient for that purpose; but if not, it shall be apportioned among the claimants having such liens, other than the original contractor, in proportion to the amount of the debts due them respectively; and the court having jurisdiction thereof, on application of any person interested, may direct the manner in which such claims shall be paid; but in determining the amount to which any lien or liens shall attach upon any land or building, the owner of such land or building shall be allowed whatever payments he shall have made, in good faith, to the original contractor or contractors, before receiving notice of such lien or liens. No payments made in advance of the

time stipulated in the original contract shall be considered as made in good faith, unless notice of intention to make such payment shall have been given in writing to each person known to have furnished materials or rendered services at least five days before such payment is made.-General Statutes, 1002, Section 4138.

Sec. 68. Dissolution of mechanic's lien by substitution or bond. Whenever any mechanic's lien shall have been placed upon any real estate pursuant to Sections 4135, 4136 and 4137, the owner of such real estate, or any person interested therein, may make an application to any judge of the superior court of common pleas, or district court, that said lien be dissolved upon the substitution of a bond with surety, and such judge shall order reasonable notice to be given to the lienor of such application. If such lienor shall not be a resident of the state, such judge may order notice to be given. by publication, registered letter or personal service. If such judge shall be satisfied that the applicant in good faith intends to contest such lien, he shall, if the applicant offer a bond, with sufficient surety, conditioned to pay to the lienor or his assigns such amount as a court of competent jurisdiction may adjudge to have been secured by said lien, with interest and costs, order said lien to be dissolved, and such bond substituted therefor, and shall return such application, notice, order, and bond to the clerk of the superior court for the county wherein such lien is recorded; and if the applicant, within ten days from such return, shall cause a copy of such order, certified by said clerk, to be recorded in the town clerk's office where such lien is recorded, such lien shall be dissolved. Whenever a bond shall be substituted for any lien after an action for the foreclosure of a lien has been commenced, the plaintiff

1895.ch.50