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EXEMPTIONS. A homestead not exceeding forty acres, used for agriculture, and a residence, and not included in a town plat, or a city or village, or instead, one-quarter of an acre in a recorded town plat, city, or village occupied and not exceeding five thousand dollars in value. Also, 1. Family Bible. 2. Family pictures and school books. 3. Private library. 4. Seat or pew in church. 5. Right of buriai. 6. Wearing apparel, beds, bedsteads, and bedding kept and used in the family, stoves and appurtenances put up and used, cooking utensils and household furniture to the value of two hundred dollars, one gun or other firearm to the value of fifty dollars. 7. Two cows, ten swine, one yoke of oxen, one horse or mule, or, in lieu thereof, a span of horses or mules, ten sheep and the wool therefrom, necessary food for exempt stock for one year, provided or growing, or both, one wagon, cart, or dray, one sleigh, one plow, one drag, and other farm utensils including tackle for the teams, to the value of two hundred dollars. 8. Provisions and fuel for the family for one year. 9. Tools and implements, or stock in trade of a mechanic or miner, trader, or other person, used and kept for carrying on business, not exceeding two hundred dollars in value. Money arising from insurance of exempt property destroyed by fire. II. Interest in patents held by the inventor. 12. Sewing-machine. 13. Sword, plate, books, or articles presented by Congress, or legislature of a State. 14. Printing materials and presses to the value of fifteen hundred dollars, but only four hundred dollars is exempt from payment to employes. 15. Earnings of a married person necessary for family support, for three months previous to issuing process, not exceeding sixty dollars per month. 16. Horse, arms and equipments of a militiaman. 17. Books, maps, etc. used for making abstracts of title to land. 18. Pensions. 19. One thousand dollars in shares of building association held by one not owning homestead. Proceeds of policy of insurance on life of a minor, payable to parents, are exempt as against their creditors, but not against creditors of the minor.
WYOMING.-ACTIONS. There is but one form of action at law, which is commenced by filing a petition on which a summons issues.
ARREST. An order of arrest may be obtained on plaintiff's giving security and filing affidavit setting forth the nature and amount of his claim, that it is just, and establishing one or more of the following particulars: 1. That defendant has removed or begun to remove property out of jurisdiction of court with intent to defraud creditors. 2. That he has begun to convert property into money to place it beyond reach of creditors. 3. That he has property or rights of action fraudulently concealed. 4. That he has assigned, removed, or disposed of property to defraud creditors. 5. That he fraudulently contracted debt on which suit is brought. 6. That the money or thing for which recovery is sought was lost by gambling or by bet or wager. On substantially same grounds defendant may be arrested on execution by order of Court.
No female can be arrested except for willful injury to person, character, or property.
ATTACHMENTS are granted in a civil action for the recovery of money, on plaintiff's giving security and filing an affidavit stating the nature and amount of his claim, that it is just, and the existence of one of the following grounds: 1. That defendant is a foreign corporation or non-resident. Has absconded with intent to defraud creditors. 3. Has left county of residence to avoid service of summons. 4. Conceals himself so that summons cannot be served on him. 5. Is about to remove his property out of the jurisdiction of the court, with intent to defraud creditors. 6. Is about to convert his property into money to place it beyond reach of creditors. 7. Has property or rights of action concealed. 8. Has assigned, removed, or disposed of his property, or is about to do so, to defraud creditors. 9. Fraudulently contracted debt sued on.
Attachment may issue on claims not yet due, on affidavit showing existence of any of the above grounds from second to ninth inclusive.
GARNISHMENT. When plaintiff makes oath in writing that he believes that any person or corporation named has property of the defendant in his possession, describing the same, and the officer cannot get possession of such property, such person or persons may be summoned as garnishee.
JUDGMENT is a lien on real estate in the county where entered, from the first day of the term at which judgment is entered, except judgments by confession and those rendered at the term action is commenced, which are binding only from the day they are rendered. Unless execution is taken out and levied within one year, the judgment ceases to be a lien as against any other judgment creditor, and unless the execution is taken out within five years, the judgment becomes dormant and the lien expires.
STAY OF EXECUTION is allowed in justices' courts and District Courts on filing bond, for six months.
EXEMPTIONS. Every householder, the head of a family, is entitled to a homestead not exceeding in value fifteen hundred dollars, consisting of a house or lot in a town or city, or a farm of not more than one hundred and sixty acres of land. The wearing apparel of every person is exempt, and the following property owned by any person the head of a family, viz: the family Bible, pictures, and school-books; rights of burial; furniture, bedding, provisions, and such other articles as the debtor may select, not to exceed in all the value of five hundred dollars. The tools, team, and implements, or stock in trade, of a mechanic, miner, or other person, used or kept for the purpose of carrying on his trade or business, not exceeding three hundred dollars; the library, instruments, or implements of any professional man, not exceeding three hundred dollars: half the earnings of debtor within sixty days before levy not exceeding fifty dollars, when necessary for support of family.
For Statutes of Hawaii, the Philippines and Porto Rico see Appendix.
THE LIENS OF MECHANICS AND MATERIAL MEN FOR THIER WAGES AND MATERIALS.
In nearly all our States there are now some provisions for securing to mechanics, and to persons supplying materials (who are called "material men"), their wages and pay for their materials, by means of liens, as they are called in law. A lien is a hold upon or a valid claim against property. This means that every mechanic employed upon a house, and, in most of the States, upon a vessel, and in some upon any property whatever, as a railroad or canal, either in the construction or repair of it, has a lien upon the property on which he has labored or for which he has supplied materials, for the amount of his wages and the price of his materials. This lien or claim he has for a certain time; and during that time he may either sue for his wages, and make an attachment of the property, or in some States, file a petition with the proper court; and in either may have the property sold to pay his wages, unless the owner redeems it.
The reason of these precautions is obvious enough. The purpose of the law is to assist and protect the mechanic, or material man, but not to enable him to commit a fraud or do an injury to his neighbors. And it would be an injury to a man to let him buy a house and pay full price for it, and then tell him that the mechanics who built it had a lien (which is much the same in effect as a mortgage) upon the house, without his knowing anything about it. And it would be an injury to an owner, who had contracted with the master-workman to repair or change his house at great expense, to settle with this master workman in due time, and pay him the full amount of his bill, without any notice to the owner that he was under an obligation to pay again for all the labor spent upon his house, or let the house go on execution.
Of all the laws for the recovery of debts, and the enforce
ment of the liens of mechanics referred to in this and the pre ceding chapter, the provisions now in force are quite recent. Only of late years has imprisonment for debt been greatly mitigated or removed, and the trustee or garnishee process made what it now is, exceedingly convenient and useful. The homestead law and the lien law, though now so widely spread, are a modern invention, or, at least, of modern introduction. One effect of this recent origin is, that important practical questions still exist as to their construction, application, and effect, which only time can solve.
I give, annexed to this chapter, an abstract of the Laws of all the States relating to Mechanic Liens.
In this chapter nothing more has been attempted than to indicate distinctly to the mechanic what rights he may possess and what securities he may hold, and how he may lose the rights and securities he possesses, and to the owner or buyer what liabilities he may incur, unless the one and the other take the proper course which the law has provided for their safety.
The forms to be used under the lien laws are not usually prescribed by statute. Those given below are in use in some of our principal cities; and the same, in substance, would be suitable anywhere, with such modifications as may be necessary to adapt them to the provisions of the law of the State where they are to be used.
A Notice under Mechanic's Lien Law.
(To be filed with the Clerk of the County or other officer designated by statut.)
Clerk of the City and County of
Please to take Notice, That I,
residing at No. amounting to the sum of
have a claim against
pursuance of (here describe the consituated in the ward, of side of Street, and is known as No. The following is a diagram of said premises (or, the said premises being described as follows).
due to me, and that the claim is made for and on account of (here state the work or materials) and that such work was done in tract) which building is owned by the city of
And that I have and claim a lien upon said house or building, and the appurtenances and lot on which the same shall stand, pursuant to the provisions of an act of the Legislature of the State of to secure the payment of mechanics, laborers, and persons furnishing materials towards the erection, altering, or repairing of buildings.
(The name of the party claiming the lien) being duly sworn, says, that he is the claimant mentioned in the foregoing notice of lien, that he has read the said notice and knows the contents thereof, and that the same is true to his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true.
Sworn to before me, this
of said street.
A Bill of Particulars of Mechanic's Claim.
(To be served on owner, and in some states to be recorded with the notice.)
A Bill of Particulars Of the amount claimed to be due from
for and on account of (work or materials) and that such work was done (of materials furnished) in pursuance of (state the contract or order) which building is owned by situated in the ward of the city of Street, and is known as No.
is contractor, is discharged.
(Signature of Claimant.) To (name of owner.)
A Release and Discharge of a Mechanic's Lien.
I do Hereby Certify, That a certain mechanic's lien, filed in the office of the clerk of the
day of o'clock in claimant against the building and side of street, and known is owner, and
SS. On the
before me came
thousand eight hundred and known to me to be the individual described in, and who executed the above certificate and acknowledged that he executed the same.