ENTITLED, An Act to
revise certain provisions concerning mechanics' or materialmen's liens.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
44-9-26
be amended to read as follows:
44-9-26.
Upon written demand
of
by
the owner,
his
the owner's
agent, or contractor, served on
any person holding a lien, requiring
him
the person
to commence suit to enforce
such
the
lien,
such
suit shall be commenced
the person shall commence suit
within thirty days after such service
,
or
the lien
shall be
is
forfeited.
The register of deeds shall cancel the lien of record, if the owner, the
owner's agent, or contractor files no sooner than the fortieth day following service of the written
demand:
(1) An affidavit stating that the person holding the lien has not commenced suit to enforce
the lien within thirty days after the service of the written demand;
(2) A copy of the written demand that was served on the person holding the lien; and