« ForrigeFortsett »
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.
Source: Public Statutes of 1906, sections 2642 to 2657, 2673.
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 railroad, 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.
Source: Code of 1904, sections 2475 to 2488, 2963.
For what given.-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, well, 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 labor, skill, or material expended on any chattel; for farm labor.
Who may have lien.-Contractors, subcontractors, mechanics, material men, laborers, lumbermen, cooks in logging camps, miners, factory employees, blacksmiths, machinists, wagon makers, boiler makers, 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 necessary to satisfy the lien and judgment thereon, 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; any chattel, 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.
Filing.-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. Liens on chattels for repairs must be filed within ninety days after the delivery of the chattel to its owner.
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. Chattel liens must be enforced within nine months after filing.
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 proper. Liens on chattels for repair, etc., are void after delivery to the owner as against the rights of innocent third persons without knowledge of the lien. Stevedores' liens on vessels rank next to the liens of seamen and liens for labor and materials for the repair, etc., of vessels. Farm laborers' liens are preferred to all claims except those of the lessor of the land on which the crop was raised.
Sources: Codes and Statutes of 1897, sections 5900 to 5923, 5930 to 5939, 5946, 5953 to 5959; Acts of 1901, chapters 24, 75; Acts of 1905, chapters 72, 116; Acts of 1907, chapter 9.
For what given.-For performing work or labor upon, or furnishing material or machinery for constructing, altering, repairing, or removing a house, mill, manufactory, or other building, appurtenances, fixtures, bridge, or other structure; for work and labor done upon any vessel propelled wholly or in part by steam, and for all materials and merchandise furnished such vessel; for performing any work or labor for any incorporated company.
Who may have lien.-Contractors, subcontractors, mechanics, builders, artisans, workmen, laborers, seamen, and corporation employees.
Subject property.-The lien attaches to the house or other structure and the interest of the owner in the lot of land upon which the same may stand or to which it may be removed; any steam vessel; all the real estate and personal property of any incorporated company.
Amount of lien.-If an owner files his contract for record, no aggregate of liens may exceed the amount named therein: otherwise he is liable for the true value of all labor and materials furnished his contractor, though it may exceed the price stipulated in the contract between the owner and the original contractor. But a subcontractor's lien may not exceed in amount the sum named in his own contract; and such lien relates only to services rendered within nine months of the time when the claim was filed. Liens on vessels and those of corporation employees cover the value of the services rendered, but the liens of employees of corporations will not extend to wages earned more than nine months prior to the filing.
Contract. The contract may be with the owner, or with his authorized agent, including principal contractors and subcontractors.
Notice. A subcontractor claiming a lien must give notice thereof to the owner within thirty-five days after he shall have ceased to perform labor or furnish materials; but the owner may at any time demand a statement of the claim, which demand must be complied with in ten days or the claim will lapse. If, however, any subcontractor gives notice before beginning work that he intends to claim a lien, the notice after the completion of his undertaking is not necessary, unless demanded by the owner.
Filing.--All liens affecting realty must be filed within sixty days after the completion of the claimant's undertaking.
Limitation.-Unless suit to enforce the lien is begun within six months after the claim is filed, the lien shall be discharged; but a suit by one claimant will preserve the rights of others having liens against the same property.
Rank. The liens given mechanics and corporation employees are superior to any incumbrance attaching subsequently. Liens of laborers and mechanics are in the first class, those of subcontractors second, and those of the contractor last. As between claimants in the same class, there is no priority.
Source: Code of 1899, chapter 75.
For what given.-For performing or procuring to be performed any work or labor, furnishing any materials, or preparing any plans, specifications, or estimates for or in or about the erection, construction, repair, protection, or removal of any building or appurtenance or fixture, any bridge, wharf, fence, or other permanent erection, or any machinery so erected as to become a part of the freehold; for excavating or constructing any well, channel, cellar, fish pond, or tunnel; for improving any water course, marsh, or meadow; for making or repairing any walk or sidewalk; for grading or repairing any street, alley, or roadway; for setting or planting hedge; for cutting, hauling, rafting, booming, etc., any logs, ties, bark, or timber, or manufacturing the same into lumber; for
labor at the mining, smelting, or manufacturing of ores or minerals; for services on board any vessel, or for labor or materials furnished for building, repairing, fitting out, furnishing, or equipping the same; for shoeing a horse or other animal; for making, altering, or repairing any article of personal property.
Any subcontractor furnishing labor or materials for the construction, repair, or removal of any building or machinery for any county, town, city, village, or school district, has an action for the value thereof against the principal contractor and the municipality jointly.
Who may have lien.-Contractors, whether persons, firms, or corporations; architects, civil engineers, surveyors, subcontractors, mechanics, material men, laborers, lumbermen, mill hands, cooks in logging camps, miners, smelter men, boatmen, etc.
Subject property.-The building or other improvement and the owner's interest in the land upon which it is situated not exceeding forty acres in amount, or if within the limits of an incorporated village or a city, not exceeding one acre. If the improvement extends over a larger area than those prescribed, then the lien attaches to the whole quantity affected or improved. Liens on mines, smelters, etc., attach to the owner's interest in the real estate, and to all the personal property connected with the industry belonging to such owner, including machinery, ores, and the products of the mine or factory. Timber and lumber of all kinds, boats and vessels, horses shod, and any article of personal property may also be subjected to lien.
Amount of lien.-The amount of the contract or the value of the services rendered. No county, town, city, village, or school district may be liable for any amount greater than the amount due from it to the principal contractor at the time of the commencement of the action.
Where the contract is with one holding the land under a contract of lease, demise, or contract for the sale, no further interest will be affected than the holder's unless there is an express agreement between the owner and the person performing the labor or furnishing the materials. Debts contracted by the master, owner, agent, or consignee of a vessel will support a lien. Work on personal property must be done at the request of the owner or legal possessor thereof.
Taking notes, etc.-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. Subcontractors claiming liens must give notice to the owner within sixty days after the completion of the undertaking for which the lien is claimed. If an attachment or execution is issued against any person or corporation engaged in mining or smelting ores, wage claimants entitled to liens may notify the officer holding such writ at any time before the sale of the property, whereupon the officer must retain out of the proceeds of the sale a sufficient sum to satisfy the claims, which sum is to be held subject to the order of the court.
Personal property not exceeding $100 in value may be sold after three months on three weeks' notice, a copy of such notice to be left at the abode of the owner, if he is a resident of the State.
Filing.-Liens for buildings and other improvements must be filed within six months from the date of the last charge for services rendered. Lien claims on mines and smelters must be filed within sixty days after the debt becomes payable, if the lien is to attach to real estate. Loggers' liens for labor performed between November first and May first must be filed on or before the first day of June following; in other cases the filing is to take place within thirty days after the completion of the labor. Horseshoers' liens cover only services rendered within six months prior to the filing thereof.
Limitation.—Liens affecting real estate and those on vessels must be enforced within one year from the time the labor or other service is completed; but a lien on realty may be extended for one year additional by proper affiadvit of the claimant made and annexed within thirty days preceding the expiration of the year above named.
Liens on lumber, etc., and on horses or other animals shod, must be enforced within four months after the filing of the claim; or if the debt be not due at the time of such filing, then within thirty days after the claim falls due.
Rank.-Mechanics' liens are prior to any incumbrance originating subsequently to the commencement of the work for which they are given; also to any older unrecorded lien of which the lien claimant had no notice. The claims of subcontractors and employees are superior to those of the contractor, and no
assignment by a contractor can affect this right. Lien holders of the same class are on the same footing without regard to the time of filing their claims. Liens of loggers, lumbermen, mill hands, etc., attach to lumber and timber in preference to any other claims, whether accruing before or after the performance of the labor for which the lien is allowed. The liens of employees in mines, smelters, etc., are superior to all claims except those of the State for taxes, fines, or penalties; but no lien of mortgage or judgment entered before the labor is performed shall be impaired by such liens. The liens herein given on boats and vessels take precedence of all other claims thereon.
Sources: Statutes of 1898 and Supplement of 1906, sections 3314 to 3335, 3341 to 3351.
For what given.-For doing any work upon or furnishing any material, fixtures, engines, boilers, or machinery for any building, erection, or improvement upon land or for repairing the same; for working in or upon or furnishing material to be used in or about any ledge, lode, mine, oil well or spring, or for transporting the products thereof; for labor performed in the maintenance and operation of irrigation ditches; for cutting or manufacturing cross-ties, wood, poles, or lumber; for making, altering, repairing, or bestowing labor upon any article of personal property.
Who may have lien.-Contractors, subcontractors, journeymen, day laborers, artisans, mechanics, miners, and material men.
Subject property.-The building, erection, or improvements, and the owner's interest in the land upon which it is situated to the extent of one acre; or if the improvement be within the limits of a town, city, or village, then the lot or lots on which it is situated; and homesteads are not exempt. Any mine, lode, coal bank, oil well or spring may be subjected to a lien; also cross-ties, wood, or other timber or lumber; an owner's interest in an irrigation ditch; and any article of personal property.
Amount of lien.-The amount of a contract, the value of work or materials, or reasonable charges therefor. The balance due any contractor at the time an action is brought may be recovered by a subcontractor from the owner or
Contract.-Work on buildings and other improvements must be done by virtue of a contract with the owner or proprietor, or with his agent, trustee, contractor, or subcontractor. A husband contracting with relation to his wife's property is to be deemed prima facie to be the agent of his wife. The contract for mine labor may be either express or implied. Work on personal property must be undertaken at the request of the owner or of the party in possession.
Notice. Every claimant except the original contractor desiring liens on real estate must give to the owner ten days' notice of his intention to file a claim. Miners, laborers, and subcontractors at mines, etc., may give notice to the owner or owners of any sums due and unpaid, whereupon the owner must notify the contractor of such claim and withhold from any sum due him an amount sufficient to satisfy the claim, which amount may be paid to the claimant if his claim be not disputed within ten days after notice given.
Personal property held for thirty days may be appraised and sold after ten days' notice, a copy of the notice being served on the owner if he resides within the county.
Filing. Every original contractor for buildings or improvements must file his claim for lien within four months after the indebtedness for which he claims accrues, but may file no claim until after the expiration of sixty days after the completion of his contract. All other claimants must file their claims within ninety days after the indebtedness accrues. Liens on irrigation ditches must be filed and enforced in the same manner as builders' and mechanics' liens. Claimants of liens on mines, etc., are allowed sixty days from the completion of their services in which to file their liens. (A later statute allows six months to miners and others claiming sums in excess of $10 for labor performed.) Limitation.-Liens for buildings, etc.. must be enforced within six months from the filing of the same. Miners' liens continue for one year from filing.
Rank.-Mechanics' liens attach to the building or improvement in preference to any prior lien or incumbrance on the land on which such building, etc., is erected. The liens given are on an equal footing, without regard to the date of filing. The lien of an artisan or mechanic on personal property is superior to any mortgage thereon.
Source: Revised Statutes of 1899, sections 916, 2843 to 2859, 2868 to 2908.