« ForrigeFortsett »
For what given.--For doing the work or any part thereof, or furnishing the materials or any part thereof in the construction or repair of a house, the furnishing or erection of machinery or fixtures, or the making of improvements; for work done or materials furnished for the grading of a railroad, the construction and repair of its culverts and bridges, the laying of its track, the erection of depots, platforms, stations, machine shops, or other buildings, for the delivery of materials therefor, or for engineering or superintendence connected therewith; for worķ or materials furnished on or about the building, repairing, fitting, furnishing, or equipping of any steam or keel boat; for labor and service performed for any partnership or corporation; for work on any article of personal property done by artisans who do work for the public.
Who may hare lien.-Contractors, subcontractors, machinists, founders and other material men, mechanics, laborers, blacksmiths and artisans generally, and employees of partnerships and corporations.
Subject property.-Any lot of ground or tract of land upon which a house has been erected or other improvement made, and the building or fixture placed thereon; a railroad, its franchises and property; any steam or keel boat; corporate or firm property of every character and description; any article of personal property.
Amount of lien.— Each mechanic may have his lien in proportion to the amount and value of the work done or material furnished, but the sum of all claims may in no case exceed the amount named in the original contract. Liens on corporate or firm property attach only to such portion thereof as will protect claims aceruing within three months of the time of bringing any suit for the enforcement of the same.
Contract. To support a lien on realty there must be a special contract with the owner or his agent.
Notice.-Subcontractors claiming a lien must give notice thereof to the owner of the property within thirty days aiter the building is completed or after the claimant's discharge or the completion of his contract. If the lien is on a railroad, such notice may be given within ninety days.
Where a subcontractor on any railroad refuses to pay the demand of any laborer or other employee, such person may give notice to the contractor of the refusal, together with a statement of the claim, whereupon a lien attaches to any sum due from the principal contractor to the subcontractor owing the debt, and said principal contractor becomes liable as garnishee for the amount.
Personal property may be sold at auction after one year on thirty days' public notice.
Filing.-In order to secure the lien of a journeyman or other employee of a subcontractor on real estate, the claim must be filed in the office of the county register.
Limitations.-Contractors and subcontractors holding liens on land and improvements must begin suit on the same within one year from the completion of the undertaking: Liens on railroads continue one year from the service of notice as above provided.
Liens of subcontractors' employees on buildings and on railroads continue ninety days from the service of the notice required.
Liens of corporation employees and those on vessels are valid for a term of three months.
Rank.-Where a contract for improvements on real estate is with a mortgagor and the mortgagee has written notice of the same before the work is done or the materials furnished and consents thereto, or fails to object within ten days, the mechanic's lien has priority over the mortgage.
The liens given on railroarls have priority over all others; those given to partnership and corporation employees are superior to all other claims except vendors' liens and deeds of trust to secure purchase money,
Sources: Code of 1884, sections 2739 to 2751, 2763, 2774 to 2782, 4287, 4289; Acts of 1885, chapter 8; Acts of 1887, chapter 85; Acts of 1889, chapter 103; Acts of 1891, chapter 98; Acts of 1897, chapter 78.
For what giren. For laboring or furnishing materials, machinery, fixtures, or tools to erect any house or improvement, or to repair any building or improvement whatever; for furnishing any labor or materials for the construction, operation, or repair of any railroad, locomotive, car, or other equipment of any railroad; for furnishing supplies or materials or doing any repairs or labor for or on account of any domestic vessel; for laboring or performing any service in any office, store, saloon, hotel,
shop, mine, quarry, manufactory, or mill of any character; for labor or material or both employed in repairing any article, implement, utensil, or vehicle.
Who may have lien.-Contractors, subcontractors, mechanics, artisans, and material men of every class, clerks, accountants, factory operatives, quarrymen, laborers, farm hands, etc.
Subject property.—The lien extends to the house, building, fixtures, improvements, or railroad, and the lot or lots of land necessarily connected therewith. The word “improvement” includes wells, cisterns, tanks, reservoirs, pumps, windmills, etc. A lien on land in the country may extend to and include fifty acres of ground; if on a railroad, it may include all its property and equipments. Liens on vessels cover the tacklé, apparel, furniture, and freight money. Liens of employees in offices, stores, shops, factories, etc., extend to all products, machinery, tools, fixtures, wares, etc., or any thing of value of whatever character. Liens for repairs of personal property relate to any article repaired.
Amount of lien.—The lien is to secure the value of the labor done or of the materials furnished. This may be fixed by contract, or it may be such as is reasonable and customary. An owner can not be made liable for money paid to his contractor before the fixing of the lien or before notice received.
Contract. -- A contract as to realty may be with the owner, or his agent, trustee, receiver, or contractor. To be enforcible against the homestead of a married man, a written contract must be signed by the owner and his wife and separately acknowledged by her, which contract must be filed for record. Railroail labor may be performed at the instance of the company, or of a contractor, subcontractor, or agent. Contracts of clerks, operatives, and laborers in stores, factories, etc., may be written or verbal, with any person, firm, or corporation, or with the agent, trustees, or receivers of the
Notice.-Notice must be given the owner of real estate of the claim of lien for labor by all claimants except the original contractor at least ten days before filing the claim. Material men have ninety days after the debt accrues in which to give euch notice. An owner receiving such notice must inform the contractor thereof, and may pay the claimant the sum stated unless the claim be disputed within ten days thereafter. Pending the settlement of any dispute, the owner may withhold from the contractor a sufficient sum to meet the lien claim.
Clerks, operatives, etc., have thirty days from the time the debt accrues in which to present notice. Personal property may be sold after sixty days on ten days' notice to the owner and twenty days' public advertising.
Filing.-Original contractors have four months, and other claimants thirty days, within which lien claims must be filed for record in order that they may attach to real estate. Claims of clerks, operatives, and other employees in stores, mills, etc., must be filed within thirty days.
Limitation.-Liens of railroad laborers must be enforced within twelve months after their creation, and those of factory operatives, etc., within six months. The period of other liens is not determined by the law creating them.
Rank. -A mechanic's lien on buildings and improvements is superior to a lien on the land upon which such improvements have been put, but the incumbrance on the land itself is not affected thereby, Date of filing does not affect the rank of liens on the same property, but subcontractors, laborers, and material men have preference over other creditors of the principal contractor.
The liens of railroad laborers are prior to all others. Those of shop, mill, farm, factory, etc., operatives and employees are of the first rank, except that a farm laborer's lien is subordinate to that given the landlord. Purchasers without notice are not bound by this last-named class of liens.
Sources: Constitution, article 16, section 37; Revised Civil Statutes of 1895, articles 3294 to 3322; Acts of 1897, chapter 152.
UTAH. For what given.-For periorming labor upon or furnishing materials to be used in the construction, alteration, addition to, or repair, either in whole or in part, of any building, bridge, ditch, flume, aqueduct, tunnel, fence, railroad, wagon road, or other structure or improvement upon land; for doing work or furnishing materials for the working, preservation, or development of any mine, lode, mining claim, or mineral deposit; for performing labor or furnishing machinery or other material for the construction, repair, or carrying on of any mill, manufactory, or hoisting works; for making, altering, repairing, or bestowing labor upon any article of personal property.
Who may have lien.-Contractors, subcontractors, material men, mechanics, architects, engineers, artisans, laborers, miners, foundry men, boiler makers, etc.
Subject property.—The improvement and so much of the land whereon it stands as may be necessary for the convenient use or occupation thereof, to the extent of the owner's interest in the same, and to such other improvements thereon as are practically indivisible. Where mines are worked by lessees, the lien attaches only to the leasehold and the ores and mineral mined and excavated by the lessee. In case of corporations, the lien attaches to all franchises and privileges pertaining to the subject realty. Any article of personal property may be taken on lien. All public buildings and improvements are exempt.
Amount of lim.-The value of the service rendered, labor done, or materials furnished; in case of contracts, the lien may extend to the entire contract price, but if part payments have been properly made, the lien must not exceed the balance due.
Contract.-Work may be undertaken at the instance of the owner or of any other person acting by his authority or under him as agent, contractor, or otherwise. If the contract is for payment otherwise than in cash, the owner must give due notice thereof to all persons interested in the terms of the contract.
Notice.- Notice is not required to fix the lien on realty. Personal property held ander a lien may be sold after thirty days on two weeks public notice, a copy of the notice being also mailed to the owner.
Filing.-Original contractors have sixty days and other claimants forty days, after the completion of any contract or the performance of labor, in which to file their respective claims for liens. A subcontractor may file a statement of claim before commencing to furnish materials or to perform work, and the lien attaches at once for services subsequently rendered.
Limitation. The lien hereby given may be enforced within twelve months after the completion of the original contract or after a suspension of work thereunder for a period of thirty days.
Rank. -The liens herein provided relate back to the time of the commencement of the undertaking for which they are given, and are preferred to any lien or mortgage attaching subsequently to such time; also to any older incumbrance on the property which was unrecorded and of which the lien holder had no notice. No attachment, garnishment, or levy upon any sum due the original contractor from the owner is valid as against a subcontractor's lien; nor may any payment made to the contractor after the commencement of a subcontractor's undertaking defeat the latter's claim.
Liens of manual laborers are to be first satisfied, then those of other subcontractors and of material men, and lastly, the lien of the original contractor.
Source: Revised Statutes of 1898, sections 160, 1372 to 1404.
For what giren.-For erecting, repairing, moving, or altering a building, steam engine, or water wheel attached to real estate, or for furnishing labor or materials therefor. Labor or materials furnished by a subcontractor must amount to at least $15 in order to secure a lien. Liens may be had for performing labor or furnishing materials in building, repairing, fitting, or furnishing a ship, vessel, or steamboat; for cutting or drawing logs; or for making, altering, or repairing any article of personal property.
Who may hare lien.-Contractors, subcontractors, material men, laborers, mechanics, loggers; employees of any person or company stopping business for thirty days by reason of attachments upon mesne process.
Subject property.—The building, steam engine, or water wheel, and the lot of land upon which it stands; a ship or vessel; logs, and any article of personal property; the property of a person or company suspending business.
A homestead is subject to lien claims.
Amount of lien.—The amount of a contract or the value of services; but the amount of any claim or claims may not exceed the balance due when the liens are asserted. The lien for wages of an employee of a person or company stopping business for thirty days because of attachments is not allowed for a greater sum than $50.
Contract. The contract may be in writing or not, and may be with the owner of the real estate, or with his agent, contractor, or subcontractor. A married woman's estate is charged when she assents to the contract. Work on personal property must be done at the request of the owner.
Notice.-Subcontractors must give notice to the owner or his agent of their intention to claim a lien.
Personal property held for three months under a lien may be sold after ten days' public notice, a copy of which notice must be served on the owner.
Filing.—No lien attaches until the filing of the claim in a designated public office.
Limitation.--Liens of subcontractors on real estate continue in force for three months from the time when payment for their services becomes due. Contractors' liens must be enforced within three months from the time of filing the claim, or if the payment be not due when the claim is filed, then within three months after the time when the payment becomes due. Liens on vessels continue for eight months and those on logs for sixty days; but logs sold after thirty days are free from the lien unless a suit has been brought within that time.
Rank.-Mechanics' liens on land and improvements are subordinate to an incumbrance given to secure money borrowed by the owner for the payment of the expense of making said improvements.
The liens given on vessels and on the property of persons or companies suspending business are prior to all other attachments and claims, and those on logs are preferred to all other claims except for public taxes. Sources: Statutes of 1894, sections 2271 to 2285; Acts of 1896, No. 37.
VIRGINIA. For what given.—For performing labor about or furnishing materials for the construction, repair, or improvement of any building or structure permanently annexed to the freehold, or for the construction of any railroad; for materials or supplies furnished or provided or for work done for, in, or, upon any steamboat or other vessel, raft, or river craft; for services rendered or supplies furnished any ruilroad, canal, or other transportation company, or for any mining or manufacturing company; or for altering or repairing any article of personal property.
Who may have lien.- Contractors, subcontractors, artisans, builders, mechanics, material men, laborers, conductors, brakemen, engine drivers, firemen, captains, stewards, pilots, clerks, agents, storekeepers, and seamen.
Subject property.—The lien extends to the building or structure and so much land as is necessary for the convenient use and enjoyment of the premises to the extent of the owner's interest therein; to the franchises, gross earnings, and real and personal property of transportation, mining, or manufacturing companies; to any vessel or craft, with the tackle, apparel
, furniture, and appurtenances thereof; and to any article of personal property,
Amount of lien. --A contractor's lien may cover the value of his services or the amount of his contract. Subcontractors' claims may not in the aggregate exceed the amount due the original contractor at the time the required notice was given; nor may a subcontractor's employee recover a greater amount than the subcontractor himself could claim.
Contract. ----To secure a lien for repairs, they must be ordered by the owner of the property or his agent.
Notice.-Subcontractors claiming liens must give notice thereof to the owner or his agent, which notice may be given within thirty days after the building is completed or work thereon terminated; upon receiving such notice the owner is charged with the amount due, and may, after ten days' notice to the original contractor, pay such sum to the claimant unless the claim is contested. Where the claimant is a subcontractor's employee, notice must be given by him to the general contractor as well as to the owner.
The perfected lien of a general contractor may be made to inure to the benefit of a subcontractor who has not secured his lien, by a notice to the owner before the lien is actually paid off or discharged.
Personal property not exceeding $20 in value may be sold after ten days from the time the debt thereon becomes due on ten days' public notice of the sale; a copy of the notice must be sent the owner.
Filing. -All lien claims on real estate must be filed before the expiration of sixty days from the completion of work. Claimants of liens on the property of transportation, mining, and manufacturing companies have ninety days in which to file their claims.
Limitation. The liens herein given must be enforced by suit within six months from the time when the whole amount covered by the lien has become payable.
Rank.-The liens given hereby are superior to all incumbrances attaching subsequently to the commencement of the work for which they are given; also as to the buildings and improvements, to any earlier liens on the land on which the improvement is placed. Among themselves they have no priority except that the lien of a subcontractor is superior to that of a contractor. No mortgage or hypothecation of the property of transportation, mining, or manufacturing companies may defeat the liens of employees.
Sources: Code of 1888, sections 2475 to 2491, 2963; Acts of 1895–96, chapters 62, 304; Acts of 1897–98, chapter 451.
For what giren. For performing labor upon or furnishing materials to be used in the construction, alteration, or repair of any building, wharf, bridge, ditch, dike, flume, tunnel, fence, machinery, railroad, street railway, wagon road, aqueduct, or other structure; for performing labor in any mine or mining claim or stone quarry; for clearing, grading, or otherwise improving any real property, or the street or road adjoining; for labor in the operation of the business of any transportation, mining, manufacturing, lumber, or timber company; for services rendered on board any boat or vessel, or for work done or materials furnished for the construction, repair, or equipment of the same, or for loading, unloading, stowing, or dunnaging the cargo thereof; for farm labor.
Who may have lien.- Contractors, subcontractors, mechanics, material men, laborers, lumbermen, cooks in logging camps, miners, factory employees, seamen, stevedores, longshoremen, etc.
Subject property.—The lien covers the improvement and the land upon which it is situated, together with a convenient space about the same, or so much as may be required for its convenient use and occupation, to the extent of the owner's interest therein, including the community interest of both husband and wife where either appears of record as owner; all the real and personal property of any transportation, mining, manufacturing, etc., company and the franchise and earnings of the same; saw logs, spars, piles, and other timber; lumber of every description; vessels, their tackle, apparel, and furniture; farm crops.
Amount of lien.-The amount due under the contract, or the value of the labor performed or materials furnished. The lien for wages of employees of transportation, mining, etc., companies extends only to labor performed within the six months next preceding the filing of the claim.
Contract.—The services may be rendered at the instance of the owner of the property or his agent; such agent may be a contractor, subcontractor, architect, builder, or person in charge of the undertaking, or the charterers, masters, or consignees of a vessel. A railroad company constructing its road or any part thereof must require a bond of its contractor for the payment of all subcontractors, laborers, etc., failing which the company shall itself be liable for such debts.
Taking notes. — The taking of a promissory note or other evidence of indebtedness does not discharge the lien unless expressly received as payment and so specified therein.
Notice.-Employees of transportation, mining, etc., companies claiming liens must give notice thereof within thirty days after such claims are filed for record.
Kling.-Lien claims on logs, lumber, and timber must be filed within thirty days, and farm laborers' liens within forty days, after the cessation of labor or other services. Mechanics' liens affecting real estate and those of employees of transportation, mining, and manufacturing companies must be filed within ninety days from the completion of the undertaking for which they are claimed.
Limitation.---Liens on real estate and those of employees of transportation, etc., companies must be enforced within eight months after the claim has been filed, or if credit is given, then within eight months after the expiration of such credit; if the action is not prosecuted to judgment within two years from the commencement of the suit the court may, at its discretion, dismiss the same. Liens on lumber continue for eight months, and those on timber for a like period if the timber remains at the mill or in the control of the manufacturer. If an action is begun within the time stated and is nonsuited or dismissed for any other cause than the merits and the eight months have expired, an additional month is to be added to the term of the lien within which action may be brought. Liens of stevedores, etc., for loading or unloading vessels continue for three years from the date when the work was completed.
Rank.-The liens herein given are to be preferred to any incumbrance attaching subsequently to the time of the commencement of the performance of the labor or of the furnishing of the materials; also to earlier liens which were unrecorded and of which the claimant had no notice. Among themselves they rank as follows: First, those of persons performing labor; second, those of material men; third, those of subcontractors; fourth, those of contractors.
The liens of employees of transportation companies, etc., are preferred liens, and no mortgage or conveyance may defeat the same. If an assignee or receiver is appointed to take charge of the business of such a company or corporation, the appointee must first pay all claims for which a lien could be filed. Liens for labor on timber and lumber are superior to all other claims and are not divested by sale or transfer of the subject property. Stevedores' liens on vessels rank next to the