« iepriekšējāTurpināt »
ub-contractor, a claim, under oath, containing a statement of his demand after deducting all credits, name of owner if known, and employer, the terms of the contract, and description of property. Suit for foreclosure must be commenced within one year after completion of contract, or suspension of the work for thirty days.
VERMONT.-When any contract is made, in writing or otherwise, for the erection, repair, or alteration of any building, or for furnishing any materials about the same, the person proceeding under the contract has a lien on the house and land, which continues for three months after payment of the claim is due, provided the claimant file in the clerk's office of the town where the building is, a memorandum signed by him showing his claim, and commences an action to enforce the same within said three months. The property on which lien is claimed is to be attached within five months after judgment, and copy of record filed in town clerk's office, whereupon lien becomes one in nature of mortgage, and is foreclosed as such. Sub-contractor may have similar lien not exceeding amount due original contractor by filing lien and giving notice to owner. Mechanics have a lien on articles repaired.
VIRGINIA. All persons performing labor or furnishing materials for the construction or improvement of buildings or other structures, or repair thereon if ordered by owner or his agent, have a lien thereon, and on so much land as is necessary to the convenient use thereof. A general or a subcontractor or material man must, within thirty days after completion of building or furnishing materials, file in the county clerk's office (or, if the property be in the city of Richmond, in the clerk's office of the chancery court), a sworn statement of account, with a description of the property, and claim a lien thereon. Sub-contractors or material men must, also, within thirty days, notify in writing the owner of the property or his agent, and the owner will be liable to the sub-contractor or material man for so much of his claim as does not exceed the amount due by the owner to the general contractor at the time notice is given. Sub-contractor may, before performing labor or furnishing materials to general contractor, give owner written notice of intention to claim lien, stating probable amount, and within thirty days after structure is completed give to owner and contractor a verified statement of account, and owner shall thereupon be personally liable to extent of amount then due contractor. Suit to enforce lien must be brought within six months.
WASHINGTON.-Mechanics and material men may have liens on buildings and lands on which they stand, by filing notice thereof, within ninety days of the completion of the work of furnishing materials, with the county auditor, stating amount due above all set-offs. Suit must be brought within eight months after such filing.
Lumbermen may have a similar lien on logs and timber by filing notice of lien in county auditor's office within thirty days after debt accrued, and
bringing suit thereon within eight months thereafter. Farm laborers have lien on crops if filed within forty days. Blacksmiths, machinists, wagon makers, boiler makers, etc., have a lien on articles upon which they have worked for a period of one year. Persons performing labor for any person or corporation, in the operation of any railway, canal, or transportation company, or any water, mining, or manufacturing company, saw mill, etc., shall have a lien upon the franchise, earnings, and property of such person or corporation for labor performed during the six months preceding the filing of his claim with the county auditor, which must be done within ninety days after completion of such labor.
WEST VIRGINIA.— Every person who shall perform any work or labor, or furnish any materials in the construction, alteration, or repair of any house, mill, or other building, or appurtenance, bridge, or other structure, by virtue of a contract with the owner or his agent, or with a principal contractor, has a lien on the buildings and land for his pay. He must, within sixty days after ceasing to labor or furnish materials, file with the clerk of the court for the county where the property is a true account under oath of the amount due, a description of the property, and the owner's name. Subcontractors and workmen must, within thirty-five days after their employment expired, or materials were furnished, or within ten days after being notified by the owner so to do, give to the owner an itemized account of the amount due them, and notice that a lien is claimed therefor. Such account need no be filed unless demanded, if sub-contractor, etc., before commencing work notify owner that a lien will be claimed. The aggregate of such liens shall not exceed the amount due to the original contractor at the time such notic is given, provided contract is recorded in county clerk's office. Suit to en force the lien must be begun within six months.
WISCONSIN.-Every person furnishing labor, materials, or machinery, in the erection, construction, repair, protection, or removal of any building, bridge, water lot, wharf, well, or fountain, fence, sidewalk, etc., may have a lien thereon to the extent of forty acres, or, within the limits of an incorporated city or village, one acre. A claim for lien must be filed with the clerk of the circuit court within six months from the date of the last charge, and action brought within one year from such date, unless, within thirty days before the expiration of the year, the time is extended for another year, by annexing to the claim on file an affidavit showing the interest of the claimant in the property by virtue of such lien.
Sub-contractors and employers have a similar lien to the extent of amoun due from owner to contractor, if notice is given to owner within sixty days after the last charge, and claim of lien filed within six months.
WYOI ING. Any person performing labor or furnishing materials, fixtures, or machinery for any building, erection, or improvement on land or for repairing the same, may have a lien on the land to the extent of one acre, or, if in a city, town, or village, on the lot on which the building is situated. Every original contractor within four months, and every subcontractor, journeyman, or laborer within ninety days, after indebtednes accrues, must file with the register of deeds of the county an account, under oath, of the amount due after allowing for credits, a description of the
property, and name of owner and contractor, if known; but original contractors cannot file lien until sixty days after completion of contract. Persons other than original contractors must, ten days before filing lien, give written notice of the claim and amount thereof. Proceedings to foreclose lien must be begun within six months.
For Statutes of Hawaii, the Philippines and Porto Rico see Appendix.
OF THE DISPOSAL OF PROPERTY BY WILL.
FEW persons are aware how very difficult it is to make an unobjectionable will. There is nothing one can do, in reference to which it is more certain that he needs legal advice, and that of a trustworthy kind. Eminent lawyers, not practised in this peculiar branch of the law, have often failed in making their own wills, both in England and in this country. And there are seldom blank forms for wills printed and sold, as there are for (leeds and leases. Nevertheless, it may happen that one is called upon to make his own will, or a will for his neighbor, under circumstances which do not admit of delay; or he may have some interest in the will of a deceased person, and questions may have arisen, which some knowledge of legal principles will answer. We shall try to state here what may be of use in such cases; and shall append a form for a will.
Any person of sound mind and proper age may make a will. A married woman cannot, unless in relation to trust property, whereof the trust or marriage settlement reserves to her this power; or the statute law of her State gives it, as is the case now in many States.
One must be of full age in order to devise real estate. in most of our States minors may bequeath personal property; and a frequent limitation of the age for such bequest is eighteen years for males, and sixteen years for females.
The testator should say distinctly, in the beginning of the instrument, that it is his last will. If he has made other wills, it is usual and well to say, "hereby revoking all former wills;" but the law gives effect to a last will always.
It should close with the words of attestation: "In witness whereof, I have hereunto signed and sealed this instrument, and published and declared the same as and for my last will, at
should follow the signature and seal; for this latter, although not always required by law, is usually and properly affixed.
The witnessing part is very material. The requirements in the different States are not precisely alike; but they are all intended to secure such attestation as will leave the fact of the execution of the will, and its publication as such, beyond doubt. In a very few States, it is enough if the signature be proved by credible witnesses, although there be no witnesses who subscribed their names to the will. In many, two subscribing wit nesses are enough. It is so in the provinces of the Dominion of Canada, generally. But in some States it is necessary, and in all I recommend, that the testator should ask three disinter ested persons to witness this will; and should then, in their presence, sign and seal it, and declare it to be his will; and they should then, each in the presence of the testator and of the other witnesses, sign their names as witnesses. See the Abstracts at the close of this chapter.
Each should see the execution which he says he witnesses; and the signing by the witnesses should all be seen by the testator; but the law is satisfied if the thing is done near the testator, and where he can see if he chooses to look. If the testator is too feeble to write his name, let him make his mark; and for this purpose any mark is enough, although a cross is commonly made. So, if a witness cannot write his name, he may make his mark; but this should be avoided if possible.
Over the witnesses' names should be written their attestation; and any alteration in the will should be noticed. If the attestation be in the following words, it will be safe in any part of this country:
signed and sealed this instrument, and published and declared the same as and for his last will; and we, in his presence, and at his request, and in the presence of each other, have hereunto subscribed our names as witnesses."
Witnesses should be selected with care, where that is possible; for if any question arises about the testator's sanity, or anything of the kind, their evidence is first to be taken. and is