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(266.) Release and Discharge of a Mechanics' Lien-another
Form. Whereas, We, the subscribers, have erected and furnished materials for erecting
lot or piece of ground situate And have agreed to release all liens which we, or any or either of us have, or might have, on the said by reason of materials furnished, or work performed, for erecting the same. Now these presents witness, that we, the subscribers, for and in consideration of the premises, and of the sum of one dollar, to each of us at or before the sealing and delivery hereof by the said
well and truly paid, the receipt whereof we do hereby acknowledge, have remised, released, and forever quit-claimed, and by these presents do remise, release, and forever quit-claim unto the said
and to his heirs and assigns, all and all manner of liens, claims, and demands whatsoever, which we, or any or either of us, now have, or might or could have, on or against the said
and premises, for work done, or for materials furnished, for erecting and constructing the said building, or otherwise howsoever. So that he, the said
and his heirs and assigns, shall and may have, hold, and enjoy, the said
and premises, freed and discharged from all liens, claims, and demands whatsoever, which we, or any or either of us now have, or might or could have, on or against the same, if these presents had not been made.
In Witness Whereof, We have hereunto set our hands and seals the day of the date written opposite our respective signatures. te.)
(Witnesses at signing.) (Signatures of Claimants. ABSTRACT OF THE LAWS OF ALL THE STATES
RELATING TO MECHANICS LIENS. ALABAMA. — Every mechanic or other person who performs any work or labor, or furnishes any materials or fixtures, erection, or improvement on land, or does any repairing on the same by virtue of a contract, has a lien on such building or improvement, and upon the land on which it is situated, to the extent of one acre. The original contractor within six months, and any laborer within thirty days, and any other person within four months, must file with the judge of probate a verified statement of the account and description of the property, and name of owner, and action must be brought to enforce the lien within six months from the maturity of the debt. Mechanics also have a lien on articles made or repaired by them.
ALASKA.— Persons performing labor or furnishing materials at the instance of an owner, or his agent, upon any construction work, have a lien thereon, and upon the land on which it is located, for such labor or materials, but if the one causing the work to be done or materials furnished owner less than a fee simple, then only such interest as he owns is subjected to a lien. Original contractors must within sixty days, and others within thirty days, of the completion of the work file a statement of their claims with the recorder of the precinct, in order to perfect their liens. Suit must be brought within six months, or if credit is given within six months of the expiration of the credit, but no agreement to give credit can preserve a lien longer than one year from completion of work. One performing work on an article has a lien thereon and may retain possession thereof until paid, and after ninety days may sell it at auction, first giving three weeks' notice of the sale.
An attorney has a lien on the papers and money of his client in his possession.
ARIZONA. -Every person performing labor upon or furnishing materials for the construction, alteration, or repair of any building or other structure or improvement, may have a lien thereon, and on the land necessary for the convenient use and occupation of the same. The claimant must, within ninety days after the completion of the labor or furnishing materials, file in the office of the county recorder where the property is situated the contract, or, if it be verbal, a copy under oath of the bill of particulars, and furnish a duplicate to the debtor; a sub-contractor shall, within sixty days from completion of the work, deliver to the owner if he can be found in the county, otherwise to the county recorder, an attested account of the labor and materials furnished. Liens are to be foreclosed by suit within six months.
ARKANSAS.- A mechanic or other person performing any work or labor, or furnishing any material or fixture, erection, or improvement on land or doing any repairing on the same by virtue of a contract, has a lien on such building or improvement, and upon the land upon which it is situated not exceeding one acre. He must file with the clerk of the circuit court of the county where the land is, within ninety days after ceasing to labor or to furnish materials, a just and true account of the claim, and description of the property, verified by affidavit, and suit must be begun within ninety days thereafter. Parties other than original contractor must give ten days' notice before filing claim. Actions must be commenced within fifteen months after filing the lien. Laborers have eight months in which to bring suit to enforce their lien.
CALIFORNIA. - Every person performing labor upon, or furnishing materials to be used in the construction, repairing or altering any structure, has a lien on the same for his services. In case the work is done under an entire contract, the owner is not answerable under the liens for an amount greater than he owes under such contract; but if the contract exceeds one thousand dollars, it must be in writing and recorded with the county recorder or the liens will subsist for all labor done or materials furnished. Twenty-five per cent of the contract price must be held back for thirty-five days after completion of work. Contractors must file their claims for liens with county recorder within sixty days, and others within thirty days, of the completion of the work. Suit must be brought in the Superior Court within ninety days of filing of lien. Liens exist on personal property in possession for service rendered such property.
COLORADO.- Any person performing work, or furnishing materials on any building or other structure, or on a mine, at the instance of the owner or his agent, has a lien on the same, together with so much of the land as is necessary to the convenient use and occupation of such building or structure, and he must, within three months after the completion of the work, if an original contractor, two months if a material man, or one month if a laborer, file a sworn statement in the county recorder's office containing a notice that he claims such lien, the amount due, name of the owner and employer, the terms and conditions of the contract, and a description of the property. Action to enforce the lien must be brought within six months after filing statement. Liens extend only to the contract price, but if the contract exceeds five hundred dollars and is not in writing and filed for record, liens subsist for all labor done or materials furnished. Fifteen per cent. of contract price shall be payable thirty-five days after completion of the work. Liens exist on personal property for work done the same.
CONNECTICUT.-A lien is allowed on every building or railroad in the construction or repairing of which any person has a claim for labor or materials exceeding ten dollars. The lien is dissolved unless, within sixty days after ceasing to labor or furnish materials, such person files with the clerk of the town where the building is, or, in the case of a railroad, with the Secretary of State, a description of the premises, the amount of the lien, and the date of the commencement of the claim, the same being subscribed and sworn to. Foreclosure proceedings must be commenced within two years.
DELAWARE. – A lien is allowed to any person furnishing materials or labor, or both, on any building to the amount of twenty-five dollars. The original contractor must file a statement not sooner than ninety or later than one hundred and twenty days after the completion of the building - other persons within ninety days after ceasing to labor or furnish materials. Claims for less than one hundred dollars must be filed in not less than twenty nor more than thirty days. The statement must contain the names of the claimant, owner, and contractor, the amount claimed, and a bill of particulars of the work done, the time when the work was done, the locality of the building, and description thereof. Suit must be commenced within one year after the notice is filed.
DISTRICT OF COLUMBIA.-Every contractor, material man, journeyman, or laborer, has a lien on building and land for work, materials' furnished, or machinery or other thing placed in the building as a fixture, but not exceeding the entire contract price. Notice must be filed in the clerk's office of the supreme court during the construction or within three months after completion of buildings or repairs, of the intention to claim a lien, and the amount and the lien must be enforced by proceedings in equity within one year after filing notice, or within six months after completion of building. Mechanics have liens on articles of personal property for labor and materials. FLORIDA. Persons performing or furnishing labor or materials in the construction or repair of any building or other structure, or of additions to or upon any fixtures therein, or in the construction, repair, or operation of any railroad, canal, telegraph, or telephone line, wharf, mill, distillery, or other manufactory have a lien upon the same and the franchise, machinery, and equipments connected therewith, and upon the land on which they stand. Provision is made that persons furnishing labor or materials under a subcontract may secure liens. Persons performing or furnishing labor on any farm, orchard, garden, etc., have also a lien thereon. One furnishing labor or materials for a sidewalk at the procurement of an adjacent owner, may have lien on the adjacent land. As against every one but the owner and porsons in privity with him, notice of lien under oath must be filed within three months in office of circuit court of county where land lies. Suit must be brought within twelve months. Liens on personal property are also given by statute in many cases.
GEORGIA. --All mechanics and persons doing any work on a building, or furnishing any materials or machinery, have a lien on the same; but there must be a substantial compliance with the contract, and the claim must be recorded within three months after the work is done or materials or machinery furnished, in the clerk's office of the county where the property is situated, containing a description of the property and of the demand. Subcontractor's lien attaches only for amount due from contractor at date of notice. Mechanics and laborers also have a lien on personal property for work done in manufacturing or repairing the same, which is enforced by retaining the property, but is lost on delivering it up unless lien is recorded in clerk's office in ten days. Action to enforce a lien must be begun within twelve months after the claim is due.
IDAHO. – Liens are given for labor or materials furnished and used in the construction, alteration, or repair of any building, wharf, bridge, ditch, Aume, tunnel, fence, machinery, road, aqueduct to create hydraulic power, or any other structure, or for labor on a mining claim.
Every original contractor within ninety days after the completion of his contract, and every other person, except labor or material men, claiming a lien within sixty days after the completion of the building or the repairs on the same, or after ceasing to furnish labor or materials, must file with the recorder of the county a claim containing a statement under oath of his demand, name of owner of property, if known, of his employer or person to whom materials were furnished, statement of terms and conditions of contract and description of property. Suit to foreclose lien must be commenced within ninety days after filing. A labor or material man has only thirty days after finishing his labor or furnishing materials in which to file such notice. A lien for labor on farm may be had by filing claim within thirty days after ceasing to labor.
ILLINOIS. · All persons performing labor or furnishing materials have a lien on the real estate upon which the work is done. Before an owner makes any payment under an entire contract, he must obtain from the contractor a list of all parties performing labor or furnishing materials under such contract. As against third parties, a contractor's lien will not subsist unless suit is brought wishin four months after completion of work, but against the owner suit may be brought at any time within two years.
A sub-contractor must give written notice of his claim to the owner within sixty days after completion of his work, and thereupon the owner must retain from the contractor an amount sufficient to cover such claim. A subcontractor must begin suit within four months to enforce his lien.
INDIANA. — Mechanics and all other persons performing labor or furnishing materials or machinery on any structure or building whatsoever, have a lien on the same. To secure the lien a notice of the claim must be filed in the record office of the county where the building is, within sixty days after completion of the building or repairs. Suit may be begun to enforce the same within one year. A mechanic or tradesman has a lien on any personal property for work done. Mechanics and laborers may have a lien for labor and materials furnished to a railroad on all the property and franchises of the road.
IOWA. — Persons doing work or furnishing materials on any building or improvement have a lien on the buildings and land. There must be filed in clerk's office of the district court of the county, within ninety days after the work is done or materials furnished, by principal contractors, or within thirty days by sub-contractors, a statement under oath of the demand due, the time when labor was performed or materials furnished, and description of property charged.
To prevent payment to principal contractor, notice of filing sub-contractor's lien must be given to owner within thirty days.
KANSAS.- Any mechanic or other person who shall furnish, under contract, any labor or materials for erecting, altering, or repairing any building or appurtenance, or any machinery or fixtures in the same, or plant or grow any trees, vines, hedges, etc., or shall build a stone or other fence, shall have a lien on the buildings, land and appurtenances. Sub-contractors must file a statement of their account with the clerk of the District Court for the county within sixty days after the completion of the buildings,