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telephone, electric light line, gas or water-works or plant, or other improvements, may have a lien thereon, by filing within ninety days with the clerk of county where property is situated, a statement under oath of amount due, and description of property. Such liens take precedence of any prior lien, encumbrance, or mortgage. Suit must be commenced within one year.
NEBRASKA.- All persons performing labor or furnishing materials, or machinery for erecting, repairing, equipping, or removing any building or appurtenance have a lien to secure payment for the same, on the building or appurtenance and lot on which it stands. The claimant must make an account in writing, under oath, and within four months from the time of doing the work or furnishing the materials must file the same in the office of the clerk of the county where the work was done, and the lien continues for two years after filing claim. Sub-contractor must file claim within sixty days.
NEVADA.—Every person performing labor upon, or furnishing materials of the value of five dollars in constructing or repairing any building or superstructure, or performing labor on any railroad, tramway, toll-road, canal, water ditch, flume, aqueduct, reservoir, mine, or tunnel, or in the improvement of any building lot in a city or town, has a lien on the same and on the land for his work, labor, or materials. Owner must file affidavit of date of completion of work. Person claiming lien must, not less than ten days after completion of contract, etc., and not more than fifty days after filing of owner's affidavit, or performance of labor on mining claim, file in the record office for the county where the land is a statement under oath of his demand, the owner's name, terms of contract and description of the property. Suit must be begun within six months after filing the claim.
NEW HAMPSHIRE.-Any person who, by himself or others, performa labor or furnishes materials to the value of fifteen dollars or more, for erecting, altering, or repairing a house, or other building or appurtenance, by virtue of a contract with the owner, may have a lien on the same, such lien to be secured by attachment, and to continue ninety days. A sub-contractor may have a similar lien by giving notice in writing to the owner or person having charge of the property of his intention to claim a lien, and furnishing to the owner once in thirty days an account of labor performed or materials furnished. Lumberers and railroad sub-contractors have a like lien, on giving similar notice and account.
NEW JERSEY.-Every building constructed, erected, or repaired. and machinery or fixtures put into any building are liable for the payment of all debts contracted and owing to any person for labor performed or materials furnished for the erection or repair of such building, machinery, or Extures. But if the work was done by contract, the building is liable to the
contractor alone, provided the contract, or a copy, is filed in the county clerk's office before any work was done or materials furnished. The claimant must, within four months after performing the labor or furnishing the materials, file in the office of the county clerk a statement containing a description of the building, the owner's name, and the name of the person contracting the debt, the time of beginning the work, and a bill of particulars, and also issue a summons in a suit to enforce lien, and suit must be diligently prosecuted within one year. If laborer or material man is not paid by contractor he may notify owner, who may pay his claim, or within five days notify him to establish his claim by judgment.
NEW MEXICO.-Any person furnishing labor or materials for the erection or repair of a building has a lien thereon and on the land on which it stands. Original contractor must file in office of county clerk a statement of account, under oath, and description of property, within ninety days after completion of contract. Sub-contractors must file similar statement within sixty days after work done or material furnished. Suit must be brought within one year from time of filing claim of lien.
NEW YORK.-Any person who, with the consent of the owner, or his agent, or any contractor or sub-contractor, performs services or furnishes materials for the improvement of real property may have a lien on the premises to secure the payment of his claims. A notice of this lien, including name and residence of lienor, name of owner of property, name of employer, statement of contract including agreed price or value, amount unpaid, time of first and last items of labor and materials, and description of property, verified by the claimant or his agent, must be filed in the county clerk's office within ninety days after ceasing to work or furnish materials, and suit begun within a year after such time. By act of 1906 provi sion is made for the enforcement of liens for labor or materials against the state or municipal corporations.
NORTH CAROLINA.-Every building built, rebuilt, repaired, or in proved, together with the lot on which the building is, and every lot, farm, or vessel, is subject to a lien for the payment of all debts contracted for work or materials furnished about the same. Notice of the lien must be filed in the office of the clerk of the superior court of the county within twelve months after the labor is completed or materials furnished, specifying the labor or materials furnished and the time. Suit must be brought within six months after filing lien. Sub-contractors, laborers, and material-men can take a lien by notifying owner of property before he has settled with the contractor, and filing notice as above. Agricultural laborers and persons engaged in loading vessels also have liens. Mechanics and artisans have a lien on personal property made or repaired by them. If not paid within 30 days if the value of the article does not exceed fifty dollars, or ninety days if over fifty, they may sell at auction, after two weeks' notice.
NORTH DAKOTA.- Every person performing labor or furnishing materials, machinery, or fixtures for any building, erection, or other improvement upon land, by virtue of any contract with the owner, his agent, trustee, contractor, or sub-contractor, or with his consent, may have a lien on such building, etc., and the land on which it is situated. When materials, etc., are furnished to contractor or sub-contractor notice must be given to owner. Notice of intention to claim lien for materials must be filed with clerk of district court of county, and lien will take precedence only over conveyances filed thereafter. Notice of lien, with written consent of owner if lien is for materials, must be filed with clerk of district court within ninety days after all labor is performed or materials furnished. If owner so demands, suit to enforce lien must be brought within thirty days after demand.
OHIO. Any person performing labor or furnishing machinery, materials or fuel for constructing or repairing any vessel, or any building, bridge or other structure, or any oil derrick, oil tank, oil or gas pipe line, or digging, drilling or operating any gas, oil or other well, or furnishing tile for draining, by virtue of a contract express or implied with the owner or agent, may have a lien on structure and interest of owner in land. One furnishing labor or materials on a road, drain, etc., may have similar lien on interest of owner in the land and that abutting. Statute provides for notice to owner of claims for liens, and of names of all sub-contractors, workmen and material men, and amounts due them, before payments are made to contractor, and authorizes him to retain and pay such amounts, holding him responsible for sixty days after completion of work, for all amounts due, but not beyond amount of original contract. Every person claiming lien must within sixty days after furnishing last labor or materials file in office of county recorder affidavit showing net amount due, description of property, name of persons to whom labor or materials were furnished and name of owner, if known, and within thirty days thereafter serve copy on owner, or, if not found in county, post same on premises. Owner may require him to bring suit; if not brought within sixty days lien is lost. Liens have precedence over all titles given or recorded after commencement of construction, etc.
OKLAHOMA.— Any person performing labor or furnishing material in building, altering, or repairing building or structure may have a lien on structure and land. If the work be done or material furnished under contract with the owner of the land, or trustee, agent, husband, or wife of owner, statement under oath must be filed with clerk of district court within four months, setting forth amount claimed, the items, names of owner, contractor, and claimant, and description of property. If work be done or materials furnished under sub-contract, statement must be filed within sixty days and notice served on owner. Suit must be brought within one year after filing lien.
OREGON.- Any person who, by virtue of a contract with the owner or his agent, performs any labor, or furnishes any materials, engines, or machinery for the construction or repair of any building or structure, has a lien on the building and lot on which it stands for his pay. An original contractor must file in the office of the county clerk, within sixty days after the completion of the building or repairs, a notice of his intention to claim a lien, specifying the amount due and the property. A laborer or sub-con
tractor must file notice within thirty days. The lien will not be binding for more than six months after such filing, unless suit is brought. All persons furnishing fuel or materials to a contractor with a railroad corporation may secure a lien on the property of the latter but not to an amount exceeding that due by the corporation to the contractor. Mechanics and artisans have a lien on personal property made or repaired by them, and if their charges are not paid in three months, they may sell the property.
PENNSYLVANIA.- Under Act of 1901 buildings and land are subject to liens for labor and materials, exceptions, however, existing in certain cases, i. c., where furnished tor public purposes, or where the land is held by trustee of lunatic or minor children, etc. Where tenancies or leasehold estates are involved, or where it is a case of alterations or repairs, the claim must be filed in the court of common pleas within three months of completion; in other cases within six months. Where a sub-contractor has three months within which to file his claim he must give the owner written notice and a sworn statement of the claim at least thirty days before such claim is filed, and where he has six months, the notice and statement must precede the filing of the claim at least forty-five days. Scire facias must be issued within two years, and verdict rendered thereon within five years.
RHODE ISLAND. - Every building or other improvement erected or repaired, by contract with or consent of the owner, is subject to a lien for all work done or materials furnished in the construction or repair of the same. By Act of 1906, contractors or sub-contractors shall have lien for work on labor furnished within forty days next preceding time of notice and within ten days after giving such notice shall record copy with town clerk or recorder of deeds; this act repeals only acts inconsistent herewith. Persons furnishing materials must give notice to owner, and record same in town clerk's office within sixty days after materials are placed on land.
To enforce lien, the claim, including an account and description of property, must be filed in the office of the town clerk of town where land is situated within four months after default in any payment if work is done by written contract, or within six months after commencement of work under verbal contract. A petition in equity must be filed in the clerk's office of the supreme court within twenty days after the filing of the claim.
SOUTH CAROLINA.-Any person to whom a debt is due for labor performed or materials furnished and actually used in the erection, alteration, or repair of any building or structure on real estate, by virtue of a contract with or consent of the owner or his agent, has a lien on the buildings and land for his pay. A sub-contractor may also have such lien by notifying the owner and the original contractor before furnishing labor or materials of his intention to claim lien, but the whole amount of such liens must not exceed amount of lien of original contractor. If the owner is not the contracting party, he may prevent any lien from attaching by giving written notice that he will not be responsible for the debts of the contractor.
The claimant, within ninety days after ceasing to labor or furnish materials, must file in the office of the register of mesne conveyances of the county a statement of his account, with a description of the property and the owner's Suit must be begun within six months after ceasing to labor.
SOUTH DAKOTA.- Every person doing labor upon, or furnishing materials, machinery, or fixtures for any building or other improvement on land, by virtue of any contract with the owner, or his agent, trustee, contractor, or sub-contractor, may have a lien on the land and the buildings, etc. Owner may retain from contractor and pay amounts due other lienors. Lien ceases at end of ninety days after last item furnished unless verified claim be filed with register of deeds giving amount due and for what purpose, names of claimant and person for whom labor, etc. was furnished, dates of first and last items, description of property and name of owner.
TENNESSEE.-There is a lien on any lot of land upon which a house has been built or repaired, or fixtures or machinery furnished or erected, or improvement made by special contract with the owner or his agent in favor of all persons doing any work or furnishing any materials on or about the same. If a mortgagee has written notice of a contract to furnish such labor and materials before the work is begun and fails to object within ten days, the lien will take precedence over the mortgage. The lien includes the buildings on the land, and continues for one year after completion of the work. Sub-contractors and workmen must, at the time of beginning to work, give notice to the owner of their intention to claim a lien, or they may, within thirty days after building is completed, or their contracts expire, notify in writing the owner that lien is claimed, and such lien shall thereupon have precedence over all other liens for ninety days, providing statement be filed with county registrar.
TEXAS. Any person laboring or furnishing materials, machinery, fixtures or tools for erection of any house or improvement, or repair of any building or improvement, or construction or repair of levee or embankment has a lien thereon and on land. Every original contractor within four months, and all others within thirty days after indebtedness accrued must file with county clerk copy of contract if in writing, or if unwritten itemized account under oath, together with description of building, etc. and land. Fersons furnishing material to contractor or sub-contractor must give owner written notice of items furnished and amounts due, or within ninety days file itemized account with county clerk. Sub-contractors and laborers must give owner ten days notice before filing lien. Owner must retain ten per cent. of contract price or value of building, etc., for thirty days after completion of work to meet claims of workmen, but is in no case liable beyond contract price.
UTAH.-Any person who furnishes labor or materials in the construction or repair of any building, structure, or improvement on land, or in working a mine, has a lien thereon, provided he files with the county recorder within sixty days after the completion of his contract, if an original contractor, or forty days after ceasing to labor or furnish materials, etc., if a