Lapas attēli
PDF
ePub

ment of the liens of mechanics referred to in this and the pre ceding chapter, the provisions now in force are quite recent. Only of late years has imprisonment for debt been greatly mitigated or removed, and the trustee or garnishee process made what it now is, exceedingly convenient and useful. The homestead law and the lien law, though now so widely spread, are a modern invention, or, at least, of modern introduction. One effect of this recent origin is, that important practical questions still exist as to their construction, application, and effect, which only time can solve.

I give, annexed to this chapter, an abstract of the Laws of all the States relating to Mechanic Liens.

In this chapter nothing more has been attempted than to indicate distinctly to the mechanic what rights he may possess and what securities he may hold, and how he may lose the rights and securities he possesses, and to the owner or buyer what liabilities he may incur, unless the one and the other take the proper course which the law has provided for their safety.

The forms to be used under the lien laws are not usually prescribed by statute. Those given below are in use in some of our principal cities; and the same, in substance, would be suitable anywhere, with such modifications as may be necessary to adapt them to the provisions of the law of the State where they are to be used.

(263.)

A Notice under Mechanic's Lien Law.

(To be filed with the Clerk of the County or other officer designated by statut.)

[blocks in formation]

due to me, and that the claim is made for and on account of (here state the work or materials) and that such work was done in pursuance of (here describe the contract) which building is owned by

the city of

No.

on the

situated in the

side of

ward, of Street, and is known as

The following is a diagram of said premises (or, the said premises

being described as follows).

And that I have and claim a lien upon said house or building, and the appurtenances and lot on which the same shall stand, pursuant to the provisions of an act of the Legislature of the State of

to secure the

payment of mechanics, laborers, and persons furnishing materials towards the erection, altering, or repairing of buildings.

[blocks in formation]

he is

CITY OF

(The name of the party claiming the lien) being duly sworn, says, that the claimant mentioned in the foregoing notice of lien, that he has read the said notice and knows the contents thereof, and that the same is true to his own knowledge, except as to the matters therein stated on information and belief, and as to those matters he believes it to be true. Sworn to before me, this

day of

(264.)

19

(Signature).

A Bill of Particulars of Mechanic's Claim.

(To be served on owner, and in some states to be recorded with the notice.)

A Bill of Particulars Of the amount claimed to be due from

for and on account of (work or materials) and that such work was done (of materials furnished) in pursuance of (state the contract or order) which building is owned by situated in the ward of the city of Street, and is known as No.

on the

of said street.

side of

(Date.)

(Signature of Claimant.)

To (name of owner.)

(265.)

A Release and Discharge of a Mechanic's Lien.

I do Hereby Certify, That a certain mechanic's lien, filed in the office of the clerk of the

the

lot,

as No.

county of

one thousand nine hundred and

noon, in favor of

situate

in said street, whereof

is contractor, is discharged.

[blocks in formation]
[blocks in formation]

is owner, and

(Signature.)

[blocks in formation]

known to me to be the individual described in, and who executed the above certificate and acknowledged that he executed the same.

(266.)

Release and Discharge of a Mechanic's Lien-another

on

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. (Date.)

(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; provided he has filed in the office of the county recorder with such contract a bond with sureties for fifty per cent. of contract price conditioned for payment of all claims for labor and materials. Owner may withhold amounts of claims of which he has received notice. 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. For labor or materials for mine or mill statement must be filed in sixty days, and notice given to owner. 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.

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.

« iepriekšējāTurpināt »