Section 122. Proceedings to enforce lien  


Latest version.
  • After the service of such notice,
      an action to recover the amount of  the  debt  and  to  enforce  a  lien
      therefor  may  be  maintained by the lienor against the person with whom
      the agreement was made, for the purchase and erection of such  monument,
      gravestone, inclosure or other structure or for the performance of labor
      thereon.  If such lienor succeeds in establishing his lien, the judgment
      recovered  may  authorize  him  to  remove  such  monument,  gravestone,
      inclosure  or  other structure from the burial ground or cemetery and to
      sell the same at public auction to satisfy the amount of such  judgment.
      Notice  of the sale shall be published at least ten days before the time
      thereof, in a newspaper published in the town or city where such sale is
      to take place, and if no newspaper is published therein, in a  newspaper
      nearest thereto. Such notice shall state the time and place of the sale,
      and  shall describe the property to be sold. A copy of such notice shall
      be served personally or by mail at least ten days before such sale  upon
      the  persons  served  with  the  notice  of  lien  as  prescribed in the
      preceding section.