Page:1862 Territory of Dakota Session Laws.pdf/399

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
382
LIENS.
[CHAP. LIV.

any interest whatever, either in law or equity, which the defendant shall have acquired therein, after such lien was secured, shall be liable to sale by virtue of any execution issued thereon; and if the property described in such complaint, be not sufficient to satisfy such execution, or if the defendant was not the owner, or had not sufficient interest therein, any other property of the defendant not exempt from sale or execution, may be sold to satisfy such execution.

Sect. 5. The district court of this territory shall have jurisdiction in all actions and proceedings under this chapter, whatever may be the amount in controversy; and they are hereby authorized to make all orders and decrees which may be necessary for the effectual enforcement of the remedies herein provided.

Sect. 6. When any person who shall have filed his complaint pursuant to the provisions of this chapter, shall have received satisfaction for his claim, and the legal costs of his proceedings therein, he shall upon the request of any person interested, and upon the payment or tender of the costs of entering satisfaction therein, within six days after such payment or tender, enter satisfaction of his demand in the office where his complaint is filed, which shall forever thereafter discharge, defeat, and release the same.

Sect. 7. If such person, having received satisfaction as specified, in the preceding section, shall not, within six days after request and payment of costs as aforesaid, enter satisfaction as aforesaid, he shall forfeit and pay to the party aggrieved, double the amount of damages which he shall have sustained in consequence of his refusal or neglect.

Sect. 8. Any person who sball make, alter, repair, or bestow labor on any article of personal property, at the request of the owner or legal possessor thereof, 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 three months after the labor shall have been performed or the materials furnished, such person having such lien, may proceed to sell the property by him so made, altered, or repaired, or upon