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mill site); a railroad and its equipment; canals, bridges, fences, and other structures and improvements; mines and mining claims; city lots; mills, factories, or hoisting works; wood, logs, or ties; domestic vessels, their tackle, furniture, and freight; any article, utensil, implement, or vehicle.

Amount of lien.-Such sums as are unpaid.

Contract. The contract with the owner of a building may be verbal. An owner is bound by the action or request of his agent.

Notice.—Claimants other than an original contractor must deliver to the owner within sixty days from the completion of the improvements a statement of their accounts; or if the owner is not within the county such statement must be filed, which acts fix the liability of the owner.

Filing.-A contractor or other claimant must file a claim within ninety days of the completion of the work.

Limitation.-Suit must be brought within six months to enforce the lien.

Rank.-Liens of this class are preferred to all liens, mortgages, or other incumbrances attaching subsequent to the commencement of labor or of furnishing materials; also to all earlier incumbrances of which the lien holder had notice (sic). All liens of this class are on an equal footing without reference to the date of the performance of the work or of the filing of the lien or account.

Source: Revised Statutes of 1901, sections 2888 to 2912, 2915, 2923.

ARKANSAS.

For what given.--For performing labor or furnishing material for any building, erection, or improvement upon land, or for repairing the same; for fixtures or machinery furnished; for labor or materials furnished for the construction, equipment, or for facilitating the operation of any railroad, whether completed or not; for furnishing board, provisions, or supplies for employees or teams employed in the construction or repair of a railroad; for furnishing labor or materials for building or repairing any boat or vessel of any kind and for services aboard the same; for labor in mines and quarries; for digging or constructing any well or cistern; for labor of blacksmiths and wheelwrights on any vehicle or farm implement repaired by them, and for materials used thereon; for work and labor done for any person by laborers, including farm labor.

Who may hare lien.- Contractors, subcontractors, laborers, mechanics, blacksmiths, wheelwrights, and material men.

Subject property.—The lien covers the building or other improvement and the land upon which it is situated to the extent of one acre; or if in a town, city, or village, the entire lot to the extent of the right, title, and interest owned therein by the owner of the building; the road bed, buildings, equipments, income, franchise, right of way, and all other appurtenances of railroads; any boat or vessel; the output of a mine or quarry and the machinery, tools, and implements used therein; the land on which a well or cistern is dug or constructed, to an amount sufficient to cover the debt; crops, vehicles, farm implements, or other ject or thing produced the labor for which the claim is made, or on which such labor was expended.

Amount of lien.—No lien may exceed the amount named in the original contract. Liens on railroads, crops, chattels, etc., secure the amount of the debt after all just credits are given.

Contract. --A contract with the owner or proprietor of a building or other improvement, or of a vessel, or with his agent, trustee, contractor, or subcontractor will support a lien. Labor done on a railroad under contract with the company or with a contractor or subcontractor, and the furnishing of supplies or board with the consent or authority of any person authorized to make construction or repair are under sufficient contracts. The contract for digging a well or cistern may be express or implied.

Notice.—Every person except the original contractor must give ten days' notice to the owner or his agent before filing his lien. Chattels to be sold for lien must be sold at auction after ten days' public notice. Laborers' liens are absolute, and are in full force from and after the performance of the labor.

Filing.- Accounts and claims as to buildings and improvements must be filed within ninety days after the completion of the service for which the lien is claimed. Claims of blacksmiths and wheelwrights for work done on vehicles and farm implements must be filed within thirty days from the completion of such work.

Limitation. - Liens on buildings and improvements must be prosecuted within fifteen months from the date of filing, liens of railroad employees within twelve months, laborers' liens within eight months, and liens of blacksmiths and wheelwrights within four months. A lien on a well or cistern may be foreclosed within six months after the labor is completed.

By notice from an employer, the claimant of a laborer's lien may be required to proceed to settlement within ten days.

Rank.—Mechanics' liens take precedence over prior incumbrances on the land, except incumbrances given to raise money for the erection or construction of the building or improvements the subject of the lien. They are also superior to other incumbrances that may attach subsequently to the commencement of such building or improvements. Liens of railroad employees are superior to all liens of persons interested as managers, lessees, mortgagees, or trustees, whether prior in time or not. No real estate is exempt from sale under an execution on a laborer's lien, but such lien is subject to prior liens and landlord's liens for rent and supplies. Liens of mechanics and tradesmen against vessels are inferior to the wage liens of engineers, seamen, etc. Mechanics' liens on the same property are on an equal footing, without reference to the date of the filing of the account or lien. Laborers' liens of the same date or equally just, covering the same land, crop, or property, not of sufficient value to discharge all claims, shall receive pro rata apportionments.

Sources: Digest of 1894, sections 411, 420, 4766 to 4781; Acts of 1895, Nos. 23, 35, 146; Acts of 1899, Nos. 58, 88, 182; Acts of 1901, No. 173; Acts of 1903, No. 147.

CALIFORNIA.

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For what given. -A lien may be had to secure payment for labor performed or materials furnished in or for the construction, alteration, addition to, or repair of, any building or other structure; on any railroad, vessel, wharf, bridge, ditch, Aume, well, tunnel, fence, machinery, wagon road, mine, or mining claim; for labor done in, with, about, or upon any threshing machine, engine, wagon, or other appliance used in threshing; for cutting, hauling, rafting, or drawing logs, bolts, or other timber; for grading or improving any town lot or the street or sidewalk in front of or adjoining the same; for labor or skill expended for the improvement or safe-keeping of any article of personal property; and for service on vessels.

Who may have lien. -Contractors, subcontractors, material men, and all persons performing manual labor; mates and seamen of a ship; laundry proprietors.

Subject property. -The land upon which any building or improvement is constructed, or so much as may be required for convenient use and occupation, is subject to the lien, if owned by the person causing such construction at the commencement of the work, but only to the extent of his interest; vessels and their freightage; threshing machines, engines, wagons, etc.; logs and other timber; personal property lawfully in the hands of any mechanic, repair man, or care taker; laundry work.

Amount of lien.-In general, for the value of the labor done and material furnished. A contractor's lien secures the amount named in the contract, such lien to operate in favor of all parties claiming recovery. No lien, except that of the contractor, may be diminished by any indebtedness or set-off in favor of the owner and against the contractor.

Contract.--Contracts involving a sum exceeding $1,000 must be in writing and must be filed in the office of the county recorder. Work must be done at the instance of the owner or of his agent, which term includes every contractor, subcontractor, architect, builder, or any person in charge of any mining claim or claims, whether as lessee or otherwise.

Work will be presumed to have been done at the instance of the owner, unless within three days after he obtains knowledge of the fact that such work is begun or intended he gives notice that he will not be responsible for the same.

Notice.- Notice may be given at any time by any claimant other than an original contractor, whereupon it shall be the owner's duty to withhold from the contractor an amount equal to the claim made. Personal property held under lien, may be sold after two months on ten days' notice.

Filing.–Within ten days after the completion of a contract, or within forty days after cessation from labor on any unfinished contract, the owner must file a notice setting forth dates and descriptions of property, work done, etc., or be estopped from making the defense that any lien was filed after the expiration of the time fixed. Every original contractor has sixty days, and other claimants have thirty days, after the filing of the above notice by the owner, in which to file liens. Liens on mining claims and city lots must be filed within thirty days after the completion of the work. All claims of lien must be filed within ninety days after the completion of the work for which they are claimed.

Limitation.- No lien binds any building, improvement, or mining claim for longer than ninety days after filing unless proceedings thereon have been commenced; or if a

credit be given, within ninety days after such credit expires, which may in no case be longer than two years from the time the work was completed. Threshers' liens must be proceeded on within ten days and lumbermen's liens within thirty days after the completion of the labor for which claim is made. Liens on vessels continue for one year.

Rank.- Mechanics' liens are preferred to any lien or other incumbrance attaching subsequently to the commencement of the work for which given; also to any earlier incumbrance of which the lien holder had no notice and which was unrecorded at such commencement of work. Such liens have, among themselves, the following rank, and require satisfaction in the order named: First, liens of persons performing manual labor; second, liens of persons furnishing materials; third, liens of subcontractors; fourth, liens of original contractors. Liens on vessels are prior to all other claims.

Sources: Constitution; Code of Civil Procedure of 1885, sections 813 to 825, 1183 to 1202. 3051 to 3065.

COLORADO. For what given.-Liens are given for performing labor upon or furnishing materials for the construction, alteration, addition to, or repair of any building, mill, bridge, flume, ditch, aqueduct, reservoir, tunnel, fence, railroad, wagon road, tramway, or other structure or improvement on land; for mining or milling machinery or other fixtures furnished; for working, preserving, prospecting, or developing any mine, lode, or deposit; for performing labor or furnishing material or supplies for constructing, altering, or repairing, or for digging, drilling, boring, operating, or completing any gas well, oil well, or other well; for making or bestowing labor upon any article of personal property.

Who may havelien.-Contractors, subcontractors, builders, material men, mechanics, architects, engineers, draughtsmen, artisans; any person or persons, company, or corporation performing labor or furnishing material as above set forth.

Subject property. The improvement or improvements named, together with so much of the lands whereon they were made as may be necessary for convenient use and occupation, to the extent of the owner's right and interest therein; mines and mining claims; roads, railroads, and tramways; gas, oil, and other wells and the equipment and materials furnished, together with the land on which they are situated, if it be the property of the contracting party; water rights and rights of way pertaining to any kind of property named above; any article of personal property.

Amount of lien. -A contractor's lien extends to the whole contract price. Liens of others than the contractor are not to be affected by any offset or counter claim in favor of the reputed owner and against the principal contractor.

Contract.-Services may be rendered at the instance of the owner or reputed owner or of his agent, which term shall be held to mean every contractor, architect, engineer, subcontractor, builder, or other person in charge of the undertaking. Services rendered with the owner's knowledge, unless he disclaims liability therefor within five days after information thereof, shall be held to be at his instance. Contracts must be in writing when the amount involved exceeds $500, and a memorandum of the amount to be paid and the time or times when the payment shall be made must be filed by the owner in the office of the county recorder, and work done or material furnished prior to the filing of such memorandum shall be held to be on the owner's responsibility. Work done on personal property must be at the request of the owner or his agent

Notice.-Any person other than a principal contractor may at any time give notice of services rendered, whereupon it becomes the duty of the owner to withhold from the principal contractor a sum sufficient to satisfy the claim of the party or parties giving such notice. In order to preserve a lien, there must be served on the owner a copy of the statement of the lien claim at or before the time such claim is filed in the office of the county recorder. Personal property may be sold after thirty days, on ten days' public notice.

Filing.–Lien claims of others than principal contractors must be filed within two months, and the claims of principal contractors within three months after the completion of the work or services. Cessation from labor for thirty days on any unfinished contract is equivalent to a completion for the purposes of this provision.

Limitation.- Action on liens must be begun within six months after the completion of the work for which they were given.

Rank.-Liens, wben established, relate back to the time of the commencement of the work and have priority over every subsequent lien and over unrecorded liens of prior date of which the lienor did not have actual notice. Liens are superior to any attachment or levy upon any money due from the owner to the contractor.

Among themselves they rank as follows: First, the liens of those furnishing manual labor. Second, those of material men and other subcontractors whose services are entirely or principally the furnishing of materials, machinery, or other fixtures. Third, the liens of principal contractors.

Sources: Statutes of 1891, sections 2856 to 2863; Acts of 1899, chapter 118; Acts of 1903, chapter 141.

CONNECTICUT. For what given.- For materials furnished or services rendered in the construction, removal, raising, or repairs of any building or any of its appurtenances, where the claim exceeds $10; or in the construction of any railroad or any of its appurtenances; or in the construction or repairs of any vessel or any of its appurtenances, where the claim exceeds $20.

Who may have lien.- Any person furnishing materials or rendering services of the values named above.

Subject property.-Land, buildings, and appurtenances; real estate, right of way, material, equipment, rolling stock, and franchises of a railroad; any vessel and its appurtenances.

Amount of lien.-The lien may not exceed the“amount which the owner agreed to pay for such building and its appurtenances. The owner is to have credit for payments made to the contractor in good faith before receiving notice of liens. Liens on vessels may be for the amount of the claim, but are limited by the contract price.

Contract. -- An agreement must originally be had with the owner of the land upon which the building is erected or moved, or with some person rightfully acting for him. To bind a railroad, a contract made with or approved by the corporation owning or managing it is required.

Notice. - Persons other than the original contractor or a subcontractor whose contract is in writing and has been assented to in writing by the owner, must give notice of their intention to claim a lien within sixty days after the completion of their services.

Filing.- All liens must be filed within sixty days after the completion of the work or services for which claim is made; or in case of the prior death of a claimant, within six months of such death. Liens on vessels must be filed within ten days from the rendering of services.

Limitation.- No lien shall be in force for more than two years after being perfected unless action be commenced thereon.

Rank.—The lien takes precedence of any other incumbrance originating after the commencement of the services supporting the claim; but in case of the removal of a building, it does not take precedence of any incumbrance actually existing upon the land to which the building is removed prior to such removal.

The lien of an original contractor is subject to the rights and demands of other claimants.

Source: General Statutes of 1902, sections 4135 to 4148, 4160 to 4163.

DELAWARE.

For what giren. - A lien may be had for work performed or material furnished to an amount exceeding $25 in the erection, alteration or repair of any house, building, or structure, including plumbing, paperhanging, paving, installing machinery in mills and factories, the building of wharves and bridges; also for work and labor or materials for the construction, furnishing, repair, etc., of vessels.

Who may have lien.-Contractors, subcontractors, architects, persons furnishing labor or materials, whether individuals or corporations; shipbuilders, chandlers, merchants, tradesmen, and mechanics.

Subject property. --The structure and the land upon which it may be situated; vessels and their tackle, apparel, and furniture.

Contract.-Contracts must be with the owner of any building or structure, or with his agent or contractor, and may be either express or implied; or with the builders, owners, masters, agents, or consignees of any vessel.

Taking notes.—Taking notes or other securities, unless they are received as payment or the lien is expressly waived, is not to be considered as waiving the right to a lien, but only as postponing the same until the expiration of the time fixed.

Filing.- No contractor may file his claim for a lien until after the expiration of ninety days from the completion of his contract, but must file such claim within thirty days after the expiration of said ninety days. All other claimants must file their claims within ninety days from the completion of the work on which their 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, mechanies, 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 potice 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. -Alien 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.)

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