« ForrigeFortsett »
claims rest. Liens for less than $100 may be filed within ten days after the expiration of twenty days following the performance of the work or labor. Claims relating to vessels may be filed within one year after the completion of the work.
Limitation.—Liens on vessels continue for two years. The limitations of other liens are not given; proceedings apparently follow the filing of the claim.
Rank. -A judgment on a lien relates back to the commencement of the work or of the furnishing of material, and takes priority accordingly.
Sources: Revised Code, edition of 1893, pages 818 to 824; Acts of 1901, chapter 208.
DISTRICT OF ALASKA.
For what given.-For performing labor upon or furnishing material for the construction, development, alteration, or repair of any building, wharf, bridge, flume, mine, tunnel, fence, machinery, aqueduct, or any structure or superstructure; for performing labor or furnishing material in the construction of a railroad, tramway, or wagon road; for grading or improving a lot or the street in front thereof; for making, altering, repairing, or bestowing labor upon any article of personal property; for performing labor upon or assisting in securing saw logs, spars, piles, or other timber, including services in or about a logging camp; for performing labor in manufacturing logs or other timber into lumber.
Who may have lien.-Contractors, subcontractors, material men, laborers, mechanI ics, artisans, machinists, builders, teamsters, draymen, cooks in logging camps.
Subject property.—The improvement on which the labor was expended or for which the materials were furnished and the land upon which the building or other improvement was constructed, or so much as may be required for the convenient use and occupation thereof, or the mine for which labor or materials were provided, to the extent of the interest of the contracting party at the time the work was commenced; a lot on or about which work is done; articles of personal property on which labor was expended; logs, spars, and other timber; lumber remaining in the yard where manufactured; any railroad, tramway, or wagon road.
Amount of lien.- A contractor's lien may be for the amount due him under his contract, after deducting claims of workmen and material men, subcontractors under such contractor. Laborers' and artisans' liens are for just and reasonable charges for labor done.
Contract.—Work must be done at the instance of the owner or his agent, which latter term includes contractors, subcontractors, architects, builders, or other persons in charge. Performance at the owner's instance will be presumed unless within three days after he shall have obtained knowledge of the undertaking he gives notice that he will not be responsible therefor.
Filing.–Original contractors on buildings, etc., must file claims within sixty days, and other claimants within thirty days after the completion of the work or services on which such claim is based. Persons having claims on logs, piles, and other timber must file such claims within thirty days after the rendition of services.
Limitation.-All liens expire unless proceeded on within six months after the filing of the same; or if a credit has been given on building liens, within six months after the expiration of such credit; but no agreement may avail to maintain a lien for a longer period than one year.
Rank. -A lien on land hereby created is superior to any incumbrance attaching subsequently to the commencement of the improvement for which the lien is allowed; also to any unrecorded mortgage or other incumbrance at the time of such commencement; and all liens upon the building or other improvement take precedence over all prior liens on the land upon which such improvement is constructed or situated.
Liens for labor on saw logs and other timber are prior to any and all other liens and can not be defeated by any sale, transfer, mortgage, or assignment.
Liens of original contractors and subcontractors must await the settlement of other liens; and the liens of contractors those of subcontractors. If funds are insufficient for full settlement, liens of the preferred classes share pro rata.
Liens on railroads, roads, and tramways for labor and material are superior to any mortgage or other lien.
Sources: Acts of U. S. Congress, 1897–98, chapter 299; 1899–1900, chapter 786.
DISTRICT OF COLUMBIA.
(The lien law of the District of Columbia appears on pages 51 to 54.)
For what given.- Liens may be secured for performing labor or furnishing material upon any work, structure, or building, including the repair or alteration of the same, and for furnishing fixtures; for labor and material used in the construction or repair of any railroad, canal, telegraph or telephone line, wharf, mill, distillery, or other manufactory; for labor on farms, parks, or other grounds; for labor or for furnishing material in the construction or repair of any sidewalk constructed on a street adjacent to owner's lot; for labor upon logs or timber, or for furnishing material to be manufactured into any article of value; for labor of employees of merchants and of transportation and other companies; for labor or service to or for the use or benefit of a vessel or any water craft, including the furnishing of stores or materials.
Who may have lien.-Contractors, subcontractors, mechanics, laborers, and material men; bookkeepers, clerks, agents, porters, and other mercantile employees; laborers upon farms; ship chandlers, seamen, masters, mates; railroad employees; farm or park laborers.
Subject property.—The building and land upon which it stands to the extent of the owner's interest; franchises, machinery, equipments, and the land upon which are situated railroads, canals, telegraph and telephone lines, wharves, and factories and mills; farms or other grounds, and crops, cultivated or harvested; a lot in a city or incorporated town; logs, timber, and manufactured articles; property of merchants; vessels or water craft, and their tackle, apparel, and furniture.
Amount of lien.—The lien may be for the amount unpaid on the contract at the time of service of notice.
Contract.-A contract must be with the owner of property or his agent or contractor.
Notice. —Persons other than original contractors may serve notice on the owner of any claims they may have for services, whereupon a lien accrues in favor of such claimant for any balance unpaid by his superior contractor, and the owner is also charged with a personal liability therefor. Ten days' public notice must be given of sale of personal property to satisfy a lien.
Filing.—Notice of lien must be filed within three months after the labor has been entirely performed or materials entirely furnished.
Limitation.--Proceedings must be begun within twelve months after the filing of the claim or the entire performance of the services claimed for.
Rank. -Among themselves, liens on real estate take priority according to the time that the notice was given or recorded, where record is required. They are superior to all subsequent liens.
Liens given for work on personal property are prior to all others and are of full validity without notice while possession continues, but not for a longer period than three months after attaching.
Sources: Revised Statutes of 1891, sections 1730 to 1745; Acts of 1903, chapter 5143.
For what given.-For work done or materials furnished in building, repairing, or improving any real estate; for building factories or furnishing machinery; for building or performing labor upon railroads; for navigating or furnishing supplies to vessels; for farm labor; for labor of mechanics on personal property; for hauling stocks, logs, or lumber.
Who may have lien.-Contractors, subcontractors, laborers, mechanics, material men, railroad and farm laborers, steamboat employees, machinists, manufacturers, loggers, and saw and planing mill employees.
Subject property.—The real estate improved, railroads, steamboats, farm crops, and personal property upon or about which labor was performed.
Amount of lien.-The aggregate of the liens of subcontractors must not exceed the contract price of the improvements made. Liens on vessels and on personal property may be for the amount of wages due or value of services rendered.
Conditions.-To make good his claim for a lien, a party must show substantial compliance with his contract. Liens are for those who have taken no personal security.
Filing.-Claims must be filed within three months after the rendering of the services claimed for. Liens on personal property must be filed within ten days after the completion of the work performed thereon.
Limitation.-Action must be begun on a lien within twelve months from the time the claim becomes due.
Rank. --The liens herein provided for rank according to date; but liens for building, repairs, etc., on the same property are to be of the same date if recorded within three months after the work is done. Such liens are inferior to liens for taxes, to the general and special liens of laborers, to liens for rent when reduced to execution and levied, to claims for purchase money due to persons who have only given bonds for titles, and to other general liens of which notice was given before the work was done or materials furnished; and are superior to liens not herein excepted.
Sources: Civil Code of 1895, sections 2787 to 2822; Acts of 1901, No. 343.
For what given.—For furnishing labor or material used in the construction or repair of any building, structure, railroad, or other undertaking.
Who may hare lien. — Any person or association of persons furnishing labor or material as above.
Subject property.—The building or other improvement and the land upon which it is situated to the extent of the interest of the owner of the improvement.
Amount of lien.—The price agreed for the labor or material, if it does not exceed the value thereof.
Notice.- A copy of the lien claim must be served on the owner.
Filing.—The lien shall not attach unless a notice be filed in writing setting forth the amount of the claim, for what made, and the property sought to be attached.
Limitation.—No lien may continue for more than three months after the completion of the services on which it is based unless within that time proceedings are commenced thereon.
Rank.—The lien has force from the date of filing, and has priority in the order of filing over other liens of any nature, but is subject to any prior recorded lien or judgment.
Source: Civil Laws of 1897, sections 1741 to 1744.
For what giren.--Liens may be had for performing labor or furnishing materials for the construction, alteration, or repair of any building, wharf, bridge, ditch, dike, flumes tunnel, fence, machinery, railroad, wagon road, aqueduct to create hydraulic power, or any other structure; for labor in any mine or mining claim; for labor or material, furnished any contractor or subcontractor in the construction, alteration, or repair of any building, machinery, or other structure for any county, city, town, or school district; for grading or filling in a town or city lot or the street in front thereof; for performing farm labor; for assisting to obtain or secure saw logs, spars, piles, cord wood, or other timber, or to manufacture saw logs into lumber; for caring for, making, altering, or repairing any article of personal property.
Who may have lien.-Contractors, subcontractors, material men, mechanics, laborers, farm laborers, lumbermen, cooks in logging camps, and railroad employees.
Subject property. -The land upon which any improvement is situated, or so much as may be required for convenient use and occupation, to the extent of the contracting party's interest therein, if at the commencement of the work or labor it belonged to him; city or town lot; mine or mining claim; logs, piles, or other timber; lumber while it remains at the mill where manufactured; farm crops; any article of personal property.
Amount of lien.-Original contractors and subcontractors are entitled to only such amounts as are due under their contracts after the claims of all parties furnishing work or material to them have been satisfied; in general, for reasonable charges, or value of services rendered.
Contract. --Services must have been rendered at the instance of the owner or his agent; and every contractor, subcontractor, architect, builder, or other person in charge is to be considered as agent for the owner; but the lessee of any mining claim is not to be so considered.
Notice.-Chattels held under lien for services thereon may be sold at public auction after sixty days, on giving ten days' notice.
Filing.-Original contractors must within ninety days, and every other claimant must within sixty days, after the completion of the services for which a claim is made, file a statement of their demands in the office of the county recorder. Liens on timber and lumber must be filed within sixty days after the close of work or labor, and may relate to not more than eight months' services. Farm laborers' liens must be filed within sixty days from the cessation of labor.
Limitation. --Liens on buildings and improvements must be proceeded on within six months after the claim has been filed; or if credit has been given, within six months after the expiration of such credit, but no extension shall cover a longer period than two years from the completion of the work. Loggers' and lumbermen's siens expire within six months unless proceeded on within that time.
Rank.–The liens herein referred to are preferred to any lien, mortgage, or other incumbrance attaching subsequently to the beginning of the work for which claim is made, also to any unrecorded prior liens of which the claimant had no notice. Among themselves they rank as follows: First, all laborers, other than contractors or subcontractors; second, all material men, other than contractors or subcontractors; third, subcontractors; fourth, the original contractor. All claims shall be satisfied in the order named, or, if funds are not sufficient, claimants shall receive pro rata in the order of preference named.
Sources: Constitution; Code of 1901, sections 2862, 2863, 3335 to 3363; Acts of 1903,
For what given.-Liens may be had for furnishing materials, fixtures, apparatus, or machinery for building, altering, repairing, or ornamenting any house or other building, walk or sidewalk, driveway, fence, or improvement on any tract of land; or upon, over, or under a sidewalk, street, or alley adjoining; for grading, sodding, or doing landscape work on such tract; for raising or lowering any house thereon or removing any house thereto; or for rendering services as architect or performing labor as superintendent, timekeeper, mechanic, laborer, or otherwise in such work or improvement; for work done or materials furnished for the construction, maintenance, operation, or repair of any railroad; or for building, repairing, fitting, furnishing, ornamenting, or equipping any boat, barge, or other water craft, or for services in navigating the same; for labor in opening, developing, or working any coal mine.
Who may have lien.-Contractors, subcontractors, material men, mechanics, laborers, architects, railroad employees, seamen, masters of vessels, and miners.
Subject property.—The lien shall cover the wholeof the lot or tract of land improved, and also such land as constitutes the same premises and is occupied or used in connection therewith to the extent of the contracting party's estate therein at the time of making the contract or subsequently acquired; all the property, real, personal, and mixed of a railroad corporation; water craft, including its tackle, furniture, and apparel; the real estate, buildings, and personal property used in the construction or operation of a mine. Where any laborer or material man has claims against the contractor on any public works, the lien shall attach to the money, bonds, or warrants due or to become due such contractor for his services.
Amount of lien.-A contractor's lien may equal the balance due after allowing all credits. Subcontractors' liens must not exceed in the aggregate the amount named in the original contract unless it shall appear that an unreasonably low price was fraudulently fixed by the owner and contractor for the purpose of defeating the rights of subcontractors. If a contract is broken by the owner, a lien will attach for the amount of work done.
Contract. The contract may be expressed or implied, or partly expressed or partly implied, either with the owner or with one whom the owner has authorized or knowingly permitted to contract; or the agreement may be with the owner's contractor as above; or with the owner, master, steward, clerk, agent, or ship's husband of any water craft.
Conditions.—The taking of additional security is no waiver of the right to a lien unless by express agreement. Nor is it necessary to limit the time of completion of the work or to fix a time for payment, provided that the work is done or the materials furnished within three years from the commencement of the undertaking.
Notice.- Subcontractors may, within sixty days after the completion of their labor, serve notice upon the owner of the amount of their claims, whereupon it becomes the duty of such owner to withhold from the contractor an amount sufficient to satisfy such claim. Notice of claims against railroads must be served within twenty days after the completion of the labor.
Filing.-Contractors must either prosecute their liens or file claims therefor within four months after the completion of their contract, in order to secure their rights as against third parties. As against the owner, the filing may be made within two years. Claims against nonresident railroad corporations may be filed instead of serving notice thereof as above provided. Liens on water craft may be filed within five years after the maturing of the claim.
Limitation.-Suit for the enforcement of a builder's or similar lien must be brought within two years after the completion of the work. Subcontractors' liens must be sued upon within four months after the time that final payment is due for the serv, ices rendered. Liens on railroads must be enforced by suit within six months, and on water craft by suit within five years.
Rank.-A mechanic's lien on realty is superior to any right of dower in the premises, provided the owner of the dower interest had knowledge of the improvement and gave no notice in writing of his or her objection thereto before such improvement was made. No incumbrance upon the land, whether created before or after the making of the contract for a building shall attach to the building until the liens thereon are satisfied, but prior incumbrances on the land shall be preferred to the lien to the extent of the value of the land before the improvements were made.
Among themselves, liens rank as follows: First, claims for wages. Second, the claims of tradesmen, material men, and subcontractors. Third, the claims of the original contractor.
Sources: Annotated Statutes of 1896, chapters 12, 82; Acts of 1903, pages 230 to 245.
For what given.—The performance of labor or furnishing material or machinery for the erection, altering, repair, or removal of any house, mill, manufactory, or other building, bridge, reservoir, system of waterworks, or other structure; for constructing, altering, repairing, or removing any sidewalk, walk, stile, well, drain, sewer, or cistern; for labor in or about any shop, mill, wareroom, storeroom, or manufactory; for furnishing material or labor in or for the construction or repair of any railroad; for labor in or about coal mines; for work done or materials furnished in building, repairing, fitting out, furnishing, or equipping any boat, wharf boat, floating warehouse, or other water craft, and for services rendered thereon as boatmen, mariners, or laborers; for making, altering, or repairing any article of personal property of value.
Who may hare lien.-Contractors, subcontractors, mechanics, journeymen, laborers, material men, miners, and others employed in and about mines, boatmen and mariners, tradesmen, and the employees of any corporation.
Subject property. -The improvement and the lot or parcel of land on which situated, to the extent of the owner's interest; machinery, tools, stock of material, work finished or unfinished in or about any shop, mill, etc.; the right of way and franchises of a railroad, and all works and structures on which the labor grounding the claim has been performed within the limits of the county in which such services were rendered; mines and all machinery and fixtures connected therewith; vessels or water craft, their apparel, tackle, furniture, and appendages; any article of personal property of value. The corporate property of any corporation and the earnings thereof are subject to a lien of its employees for all work done by them.
Amount of lien.---The lien extends to the value of any labor done, material furnished, or wages due. A miner's lien relates only to work and labor performed within two months.
Contract. — The contract of a railroad employee may be with the company or its lessee, contractor, subcontractor, or agent. Work done at the instance of the master, owner, agent, clerk, or consignee of a vessel binds such vessel.
Notice.-Claimants other than the contractor may notify the owner of their claims, whereupon the owner becomes liable for such claim to the amount of his indebtedness to the claimant's immediate employer.
Personal property held under lien may be sold after six months, on ten days' public notice.
Filing.-Claims must be filed within sixty days after the performing of labor or the furnishing of materials for which the lien is sought.
Limitation.—Liens must be proceeded on within one year from the date of filing the claim; if against the property of corporations for work and labor done by its employees, the action must be begun within six months, unless credit has been given, when the action must be brought within six months from the expiration of such credit.
Rank.-The liens herein provided for are first liens. They relate to the time of the beginning of the service for which the claim is made, and have priority over all other liens suffered or created thereafter except the liens of other mechanics and material men, as to which there shall be no priority. A lien on an improvement is not impaired by the forfeiture of a lease for rent or by the foreclosure of a mortgage.
The liens provided for on water craft are superior to claims against the boat itself or its owners, masters, or consignees, growing out of other causes than those mentioned; as between the preferred liens, those for mariners' and boatmen's wages are of the first class.
Mariners' liens have priority over all others except those of the State for taxes; as against each other, priority is fixed by the order in which they accrue.
Source: Annotated Statutes of 1901, sections 7239 to 7243, 7248 to 7251, 7255 to 7269, 7448.