RSA Chapter 452 — Liens of Vendors of Monumental Work

Title XLI — Liens

Current through the 2025 Regular Session of the New Hampshire General Court.

Title XLI Liens

RSA 452:1 For Price

Whoever, under contract with any person, sells or furnishes a monument, tablet, headstone, vault, post, curbing or other monumental work to be placed in a cemetery or at a grave shall have a lien thereon to secure the payment for the same.

Source. PS 141:19. 1891, 11:1. PL 217:25. RL 264:28.

RSA 452:2 Duration

Such lien shall continue for 2 years from the time the indebtedness shall have become due, and may be enforced in the manner herein provided.

Source. PS 141:20. 1891, 11:2. PL 217:26. RL 264:29.

RSA 452:3 Notice of Intention to Enforce

Thirty days' notice in writing of the intention to enforce the lien shall be given the purchaser, or his legal representative, or be left at his usual place of abode. If the purchaser resides out of the state, or his residence is unknown, notice may be given by publication.

Source. PS 141:20. 1891, 11:2. PL 217:27. RL 264:30.

RSA 452:4 Tender of Refund

Upon the expiration of 30 days from such notice, and within said 2 years, the vendor may pay or tender to the purchaser, or his legal representative, or, if neither resides within the state or their residence is unknown, into the town treasury of the town where the monumental work is located, subject to the purchaser's order, all sums the purchaser has paid in excess of 1/3 of the contract price.

Source. PS 141:20. 1891, 11:2. PL 217:28. RL 264:31.

RSA 452:5 Removal of Monument

Thereupon and within said 2 years, the vendor may enter upon the premises where the work shall have been placed, and remove the same, and it shall be his property, free from all claim of the purchaser.

Source. PS 141:20. 1891, 11:2. PL 217:29. RL 264:32.

RSA 452:6 Restoring Lot

The vendor shall put the lot or grounds from which such removal is made in as good condition as before the monumental work was erected, and may retain the money paid him, not in excess of said 1/3, to pay the expense of removal and repairs.

Source. PS 141:20. 1891, 11:2. PL 217:30. RL 264:33.

RSA 452:7 Operation as Payment

Such retaking shall constitute payment in full for all claims against the purchaser under the contract.

Source. PS 141:20. 1891, 11:12. PL 217:31. RL 264:34.