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show the relation of the parties, and the sub-contractor may have the benefit of the lien of the principal contractor, and shall take precedence thereof, and the sub-contractor is invested with all the rights, in relation to levy, sale and redemption, in this chapter given to the contractor.

Sec. 21. In the cases above contemplated, the owner or con- Releasо of propertractor so sued may release his property or demands from lien, by filing, with the proper clerk or justice, a written undertaking, with two or more sureties, approved by the clerk or justice, to pay the plaintiff the amount which may be recovered with costs, and acknowledged by the undertakers ; and a general judgment may be rendered against both principal and sureties. Sec. 22. No person is entitled to a mechanic's lien who takes Collateral socv-,

Da collateral security on the same contract.

SEC. 23. The benefits of this chapter are extended to persons Bridges, railfurnishing labor or materials for the construction of any bridge, railroad or other work of internal improvement, in the same man- Do ner as though such work were a “building” within the meaning of this chapter, and the lien extends to the whole work and its appurtenances, together with all the real and personal property connected therewith.

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Of certain Liens upon Personal Property. Sen. 24. Whenever any person shall deliver, to any mechanic, Lien of mechanartisan or tradesmen, any materials or articles for the purpose of ionem property in constructing, in whole or in part, or completing any furniture, jewelry, implement, utensil, clothing or other article of value, such mechanic, artisan or tradesman shall have a lien thereon for the just value of the labor and skill applied thereto by him, and for any materials which he may have furnished in the construction or completion thereof, and may retain possession of the same until such charges are paid.

Sec. 25. When any person shall deliver to any mechanic, Sams. artisan or tradesman, any watch, clock, article of furniture or jewelry, implement, clothing or other article of value, to be altered, fitted or repaired, such mechanic, artisan or tradesman shall have a lien thereon, for the just value of the labor and skill applied thereto by him, and may retain possession of the same until such charges are paid.

SEC. 26. In either of the cases mentioned in the two preceding When lion was no sections, if the owner of the property or materials so delivered, or the person entitled thereto, shall not, when such articles shall have been constructed, completed, altered, fitted or repaired and

enforoed

Salt for recovery of charges.

Proceedings in
C2 Ummons re-

.

Proceedings if derendant Onunot be found.

ready to be delivered to such owner or other person, and the charges thereon shall be due and payable, pay to such mechanic, artisan or tradesmen, the amount of such charges, the person having such lien may enforce the same as hereinafter provided.

Sec. 27. The person having such lien may commence a suit for the recovery of such charges by summons in the usual form, before any justice of the peace of the township in which he resides, or in any court, as the case may require, against the person liable for the payment thereof.

Sec. 28. If such summons be returned personally served upon turned personally the defendant, the same proceedings shall thereupon be had, in

all respects, as in other suits commenced by summons in which there is a personal service of process, and judgment shall be rendered in such suit in like manner.

Sec. 29. If the officer returns upon such summons that the defendant cannot be found within his county, the same proceedings shall be thereupon had, in all respects, as near as may be, as in suits commenced by attachment in which there is not a personal service of a copy of the attachment upon the defendant, and judgment shall be rendered in such suit in like manner.

Sec. 30. If the plaintiff recovers judgment in such suit, execution shall issue thereon in the same manner, and with the like effect, as upon judgments rendered in suits commenced by attachment, and the property upon which the plaintiff holds such lien, or so much thereof as shall be sufficient to satisfy such execution, may be sold thereon in the same manner as if it had been seized and held upon an attachment in such suit.

Sec. 31. The provisions of this chapter concerning liens upon personal property and enforcing the same, shall apply to all cases of personal property on which the bailee or keeper thereof has by law a lien for any keeping, feed, care or labor by him bestowed upon such property.

Sec. 32. If the property, upon which any such lien shall be to be an addition- enforced as provided in this chapter, consists of horses, cattle,

sheep, swine or other beasts, and any expenses shall have been incurred by the person having such lien, after the same accrued, in keeping and taking care of such property, the amount of such expenses shall be an additional lien upon the property, and shall be computed and ascertained upon the trial or assessment of damages, and included in the judgment.

Sec. 33. All liens filed and proceedings commenced thereon before the taking effect of this act shall not be affected thereby,

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Inforcing liens ia other cases.

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but such lien and proceedings shall be disposed of the same as if
this act had never been passed.
SEC. 31. That all suits which have been commenced under the Suits under for-

mer aet legalized.
former act relating to liens of mechanics and others, before the
probate courts or justices of the peace, be and the same are hereby
legalized.

Sec. 35. This act to take effect and be in force from and after
the first day of June next.

A. LARZALERE,
Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.
Approved February 3, 1859.
S. MEDARY,

Governor.

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CHAPTER XCI.

AN ACT to Restrain Dram Shops and Taverns, and Regulate the Sale of

Intoxicating Liquors.

liquor license,

.

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Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. That, before a dram shop license, tavern license or petition for grocery license shall be granted to any person applying for the what it must same, such person, if applying for a township license, shall present to the tribunal transacting county business, a petition or recommendation, signed by a majority of the householders of the township or the county in which such dram shop, tavern or grocery is to be kept, or, if the same is to be kept in an incorporated city or town, then to the city council thereof, a petition, signed by a majority of the householders of the ward in which said dram shop or tavern or grocery is to be kept, recommending such person as a fit person to keep the saine, and requesting that a license be granted to him for such purpose.

Sec. 2. That upon every license granted to a dram shop keeper, tas. and upon every license granted to a tavern keeper or grocery, there shall be levied a tax of not less than fifty dollars nor more than five hundred dollars, for every period of twelve months, the amount of tax to be determined by the tribunal granting the

To whom paid.

apmoney.

Penalty for selling without license.

а

Selling on een day, day of leotion or fourth of July, a misdemea

nor.

license. The said tax to be paid into the treasury of the county

or city granting such license. And it shall be the duty of the Supervisor Por board of county supervisors to appropriate all moneys received

for license under this act for the benefit of the township in which such license was granted.

Sec. 3. That any person, without taking out and having a license as grocer, dram shop keeper or taver keeper, who shall, directly or indirectly, sell any spiritous, viuous or fermented or other intoxicating liquors, shall be ined in any sum not more than one hundred dollars for each offense; and any person convicted of violating these provisions shall, for every second or subsequent offense, be fined a sur not more than the above named, or, may be indicted for a misdemeanor, and fined not less than five hundred dollars, and imprisoned in the county jail not more than six months.

Sex 4. That any person, who shall keep open any porter, ale or beer house, grocery, dram shop or tippling house, or shall sell or retail any fermented, distilled or intoxicating liquors on the first day of the week, commonly called Sunday, the fourth of July, or upon any clection day, shall, on conviction thereof, be adjudged guilty of a misdemeanor, and fined a sum not less than twenty-five dollars nor more than one hundred dollars, and be imprisoned in the county jail not less than tea nor more than thirty days. If such person is licensed as a grocer, dram shop

keeper or tavern keeper, he shall, in addition to the above proForfeitare of li- visions, forfeit his license, and shall not again be allowed to

obtain a liceise under the law for the period of two years nest after conviction.

Suc. 5. That, before any person shall be licensed as a dram shop keeper or grocer or tavern keeper, under the provisions of this act, he shall execute, to the tribunal granting such license, a bond, in the sum of two thousand dollars, with at least two securities to be approved by sail tribunal, conditioned that he will not keep a discrilerly house ; that he will not sell or permis to be sold any intoxicating liquors to any minor without the consent of the guardian of such minor ; that he will not keep bis dram shop, tavern or grocery open on Sundays, fourth of July, or any election day, nor will he sell or allow to be sold thereat, on Sunday, fourth of July, or any election day, directly or indirectly, any intoxicating liquors; and, upon said person being convicted of any of the offenses enumerated therein, suit may be brought against said principal and securries, to recover the amount

Penalty.

Must give bond to coraply with the

law.

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Unlawful to sell to intoxicated

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contrary to law abated as nui.

lars getting

persons,

of the fine or fines adjudged against him on said conviction, in any court of competent jurisdiction.

Sec. 6. That it shall be unlawful for any person or persons, by agent or otherwise, to sell intoxicating liquors to persons in- Persons. toxicated or who are in the habit of getting intoxicated, or any married man, against the known wishes of his wife.

Sec. 7. That all places where intoxicating liquors are sold, in places where to la violation of this act, shall be taken, held and declared to be com- sancus. mon nuisances, and all rooms, taverns, eating houses, bazaars, restaurants, groceries, coffee houses, cellars or other places of public resort, where intoxicating liquors are sold in violation of this act, shall be shut up and abated as public nuisances.

Sec. 8. That it shall be unlawful for any person to get in- Faire pour red toxicated, and every person found in a state of intoxication shall, intoxicated. upon conviction thereof before any justice of the peace, be fined the sum of five dollars.

Sec. 9. That every person who shall, by the sale of intoxicat- Liability for sella ing liquors, cause the intoxication of any other person, such person or persons shall be liable for and compelled to pay a reasonable compensation to any person who may take charge of and provide for such intoxicated person, and one dollar per day in addition thereto for every day such intoxicated person shall be kept in consequence of such intoxication, which sum may bo recovered by a civil action before any court having jurisdiction.

Sec. 10. That every wife, child, parent, guardian, employer Parties in jnred or other person, who shall be injured in person or property or perhotos, image rue means of support, by any intoxicated person or in consequence of intoxication, habitual or otherwise, of any person, such wife, child, parent, guardian, employer or other person shall have a right of action in his or her own name against any person who shall, by selling intoxicating liquors, have caused the intoxication of such person for all damages actually sustained, as well as exemplery damag 3 ; and a married woman shall have right to Married woman bring suits, prosecute and control the same and the amount recovered, the same as if a feme sole, and all damages recovered by a minor under this act shall be paid either to such minor or to his or her parents, guardian or next friend, as the court shall direct, and all suits for damages, under this act, shall be by civil action in any of the courts of this Territory having jurisdiction thereof.

Sec. 11. That the giving away of intoxicating liquors or other Crin A shifts or device, to cvade the provisions of this act, shall be deemed vellinz.

liquor intoxicated

and recover,

single person.

evade the la

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