The person desirous of enforcing the lien, prepares and [presents to the Circuit Court in Chancery, for the county in which the land may lie, a petition containing a brief statement of the contract or contracts, and of the amount due thereon, with a description of the premises subject to the lien, and all other material facts and circumstances, and praying for a sale or other disposition of the premises to satisfy the same.

This petition should not be filed until the expiration of sixty days from the maturity of the debt. The Court has power to direct the giving of such notice to the owner, of the time of hearing, as may be considered just. This notice should embrace a copy of the order of the Court and of the petition, and should be personally served, if the owner lives in this State. Notice should also be given to other creditors who have similar liens upon the same property. If the owner lives out of the State, the Court directs the notice to be given by publishing the same in some newspaper printed or circulating within the county, for six successive weeks.

At the time fixed for the hearing, the creditors appear before the Court and prove their claims, and the Court determines the amount due to each creditor who has a lien upon the property in question, and may order a sale of such property to satisfy the claims.

By the law of 1871, provision is made for the better security of mechanics and other persons furnishing materials for the erecting, altering, repairing, beautifying, or ornamenting of buildings. By this provision the lien may include the building and land on which it stands, not exceeding a quarter of a section, to the extent of the interest of the owner or lessee thereof. This act may be found in a note following this. chapter.

Liens Upon Personal Property.-Mechanics, artisans, and tradesmen may retain and have a lien for labor and mate

rial furnished by them in constructing or repairing any article

of value.

Any person may have a lien upon horses, cattle, mules, sheep, or swine for their keeping, and may retain possession of them until the charges are paid.

In order to enforce these liens, suits may be brought before a Justice of the Peace, and judgment recovered for such charges. Thereupon an execution is issued and the property retained, sold to satisfy the lien.

Questions-For what has the law furnished a lien? What are the conditions upon which the lien attaches? continue? What is said of sub-contractors? What is said of giving notice to the owner? of 1871? What is said of liens upon personal

How long does the lien
How is the lien enforced?
What is said of the law
property?

NOTE.-Act of 1871. SECTION 1. The People of the State of Michigan enact, That every mechanic, workman, or other person, who shall hereafter, in conformity with the terms of the contract between the owner or lessee of any lot or piece of ground, or his agent, and the original contractor or any sub-contractor, perform any labor, or furnish any materials in building, altering, repairing, beautifying, or ornamenting any house or other building, or machinery, or appurtenances to any house or other building, in this State, shall have a lien for the value of such labor and materials upon such house or building and appurtenances, and upon the lot of land upon which the same stands, not exceeding one-quarter of a section, including such building, to the extent of the right, title, and interest of such owner or lessee, at the time of the making the original contract for such house or the improvements; but the aggregate of all the liens hereby authorized shall not exceed the price stipulated in the original contract between such owner or lessee and the original contractor, for such improvements; in no case shall the owner or lessee be compelled to pay a greater sum for or on account of such house, building, or other improvement, than the price or sum stipulated in said original contract or agree

ment.

SEC. 2. The person performing such labor, or furnishing such materials, shall cause a notice, in writing, to be served on such owner or lessee, or his agent, substantially in the following form: "To -: You are hereby notified that I am (or have been) employed by as a laborer (or have furnished materials, or am about to furnish materials) on or for your house, or building, and that I shall hold the house, building, and your interest in the ground, liable for my services thereon (or materials furnished)." If there shall be a contract, in writing, between the original contractor and the sub-contractor, or between the original contractor and the person so performing labor or furnishing materials as aforesaid, a copy of such subcontract, if the same can be obtained, shall be served with such notice and attached

thereto, which notice shall be served within twenty days from the completion of such contract, or within twenty days after payment should have been made to the person performing such labor or furnishing such material.

SEC. 3. In all cases where the owner or lessee, or his or their agent, cannot be found in the county in which said improvements shall be made, or shall not reside therein, the person furnishing labor or materials shall file said notice in the office of the register of deeds of said county, and the said register shall enter, in a book kept by him for that purpose, alphabetically, the names of the owners or lessees, and opposite thereto, the names of the persons claiming liens, for which he shall receive a fee of fifty cents from such person filing said claim. A copy of said notice shall be published, at the expense of the claimant, in some newspaper printed in said county, once in each week for four successive weeks after filing such notice with the register aforesaid. If, however, there shall be no paper published in said county, then the claimant of said lien shall post notices of his claim for four successive weeks, in four of the most public places in the township in which said improvement is situated, but it shall not be necessary to publish or post copies of any contract referred to in the last preceding section.

SEC. 4. The original contractor shall, as often as requested, in writing, by the owner or lessee, or his agent, make out and give to him a statement of the number of persons in his employ, and sub-contractors, giving their names and the rate of wages or terms of contract, and how much, if anything, is due to them, or any of them, which statement shall be made under oath, if required.

SEC. 5. If the money then due and payable to such person shall not be paid within ten days after service of said notice as aforesaid, or if such money shall not be so due and payable, then within ten days after the money shall become due and payable, and if the amount claimed by such person shall be admitted in writing to be due him by the contractor or sub-contractor by whom said money is directly payable, then such person may commence suit therefor in any court having jurisdiction of the amount claimed to be due against the owner or lessee, as if he were the original debtor, and judgment may be rendered, and execution had thereon, as in other cases. If the amount so claimed to be due shall not be admitted by the contractor or sub-contractor directly liable to pay the same, then within ten days after service of said notice as aforesaid, or within ten days after said money has become due and payable, the claimant may commence suit therefor before any court of competent jurisdiction, against the owner or lessee and the contractor directly liable to pay the same, jointly, and judgment may be rendered, and execution may be had thereon, as in other cases: Provided however, That when any judgment may be rendered against any owner or lessee, or against any owner or lessee and contractor, jointly, such owner or lessee may show to the court the amount actually due and payable from such owner or lessee to such contractor at the time said suit was commenced, and the court shall cause the amount so shown to be due to be entered upon the records thereof, and whenever execution shall issue for the collection of said judgment. the amount so shown to be due from said owner or lessee shall be endorsed on such execution, and no greater sum shall be collected of such Owner or lessee than the amount so endorsed: Provided further, That when judgment shall be rendered against said owner or lessee upon any claim admitted in writing by any contractor as aforesaid, such owner or lessee shall be solely liable to pay the costs of said suit: And also provided further, No judgment against such

owner or lessee shall be a bar to any suit brought for the amount of said claim, or any portion thereof remaining unpaid, against the contractor directly liable to pay the same to said claimant.

SEC. 6. Should the original contractor, for any cause, fail to complete his contract, any person entitled to a lien, as aforesaid, may file his petition in any court of record, against the owner or lessee and contractor, setting forth the nature of his claim, the amount due, as near as may be, and the names of the parties employed on such house, or other improvement, subject to liens; and notice of such suit shall be served on the persons therein named, and such as shall appear shall have their claims adjudicated, and decree shall be entered against the owner or lessee and original contractor, for so much as the work and material shall be shown to be reasonably worth, according to the original contract price, first deducting so much as shall have been rightfully paid on said original contract by the owner or lessee, the balance to be divided between such claimants in proportion to their respective interests, to be ascertained by the court, the premises to be sold within thirty days from the date of such decree, unless the judgment shall be sooner paid.

SEC. 7. No payments to the original contractor, or to any sub-contractor, by such owner or lessee, shall be regarded as rightfully made, if made in violation of the rights conferred by this act.

SEC. 8. The lien hereby created shall continue for six months from the time of the performance of the sub-contract, or doing of the work, or furnishing materials, as aforesaid, except where suit shall be commenced as aforesaid, and in such cases all liens shall be barred by decrees entered in said case. Approved April 17, 1871.

If otherwise competent, males eighteen years of age, and females sixteen years of age, are deemed capable in law of contracting marriage.

No man shall marry his mother, grandmother, daughter, grand-daughter, stepmother, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's.

daughter, wife's grand-daughter, nor his sister, brother's daughter, sister's daughter, father's sister, or mother's sister.

No woman shall marry her father, grandfather, son, grandson, stepfather, grandmother's husband, daughter's husband, grand-daughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, nor her brother, brother's son, sister's son, father's brother, or mother's brother.

No marriage shall be contracted whilst either party has a former wife or husband living, unless the marriage of such former wife or husband shall have been dissolved.

No white person shall intermarry with a negro.

Marriages may be solemnized by Justices of the Peace and Ministers of the Gospel; or, so far as relates to the manner, may be solemnized according to the usages of any society or denomination.

All Justices of the Peace and Ministers of the Gospel are required, before solemnizing any marriage, to examine at least one of the parties under oath, touching the legality of such intended marriage.

All marriages must be solemnized in the presence of at least two witnesses besides the Minister or Magistrate.

Persons authorized to solemnize marriages (Ministers of the Gospel and Justices of the Peace) are required to make a record of each marriage solemnized by them; and the keeper of the records of the meetings in which any marriage among the Friends or Quakers shall be solemnized, shall make a record of such marriage.

Certificates of marriage shall be furnished by the Minister, Justice, or Clerk, to either of the parties to such marriage. Certified copies of the record of marriages must be sent to the County Clerk, who is required to record the same.

It is the duty of the Supervisor of each township, and the Supervisor or Assessor of any city or ward therein, to return