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etc., or the furnishing the labor or materials, and serve notice of filing on owner of the land. Contractors must file such an account within four months, and all actions to enforce liens must be begun within one year after filing lien.
KENTUCKY. - Any person who performs any labor or furnishes any material, or fixtures, or machinery in the erection, alteration, or repair of any structure, or who makes any improvement in any manner on real estate, by a contract with or written consent of the owner, has a lien on the building and land for twelve months from the completion of the work, within which time suit must be brought to enforce the same. Within six months after ceasing to labor or furnish materials, he must file in the office of the county clerk of the county where the building is, a statement of amount due, description of property, and name of the owner, and also whether the work was done or the materials furnished by contract with the owner or with a contractor or sub-contractor.
Sub-contractors and laborers may acquire a lien to the extent of balance due the principal contractor by giving notice to employer within thirtyfive days after last item furnished, that they claim a lien, and filing a statement as above. Suit to foreclose the lien must be brought within twelve months.
LOUISIANA. - Liens in this State are known as privileges. Architects, contractors, and all persons who are employed in constructing or repairing any building, and all persons who have supplied the owner, agent or sub-contractor with materials to be used on any building, have a lien and privilege on the buildings and lot of land not exceeding one acre. The privilege must be recorded with the register of privileges in the parish where the property is, together with the act containing the bargain made, or a statement of the account. Owner contracting for building or repairs over $1,000, must take bond from builder to be recorded with contract. Generally suit need be brought only within the period of limitation applicable to debts.
MAINE.-Any person performing or furnishing labor or materials in erecting, altering, or repairing any house, building, or appurtenance by virtue of a contract with, or by consent of the owner, has a lien on the building and land on which it stands. If the labor or materials are not furnished by contract with the owner, he may prevent the lien for such labor or materials not yet furnished from attaching, by giving written notice that he will not be responsible for the same; and the lien is dissolved, unless, within sixty days after ceasing to labor, or to furnish materials, the claimant shall file, in the office of the town clerk where the building is, a true statement of the account, a description of the property, and the owner's nams. Suit must be begun in all cases within ninety days after the last labor was performed or materials furnished. Many other liens are provided for which consultations should be had with the statutes.
MARYLAND.-Every building, machine, wharf, or bridge erected, or repaired, or improved to the extent of one-fourth of its value, is subject to lien for the payment of all debts contracted, or work done, or except in
the city of Baltimore for materials furnished for or about the same. If the contract be made with anyone but the owner, the claimant must, within sixty days after furnishing the work or materials, give notice in writing to the owner. Claimant must within six months file a statement of his demand in the office of the clerk of the Circuit Court for the county where the property is, or in Baltimore in the Superior Court. The lien continues for five years. Similar liens are given for labor or materials furnished for building or equipping vessels, and are in force for two years.
MASSACHUSETTS.-Any person to whom a debt is due for labor performed or furnished, or for materials furnished and actually used in the erection, alteration, or repair of any building or structure upon real estate, by virtue of an agreement with, or by consent of the owner thereof, or any person having authority from the owner, has a lien on the property and land for his charges. There can be no lien for materials furnished to a person other than the owner, unless notice of intention to claim lien is given to the owner before furnishing the materials, and the owner may prevent the lien in such case from attaching by giving written notice that he will not be responsible. Any one having an interest in the property claimed may release the same by giving a sufficient bond. Liens are dissolved, unless the claimant, within thirty days after ceasing to work or furnish materials files in the registry of deeds for the county or district where the property is situated a true statement of the account, under oath, together with a description of the property and the owner's name; and suit to enforce the lien must be begun within ninety days after ceasing to work or furnish materials. Public officers contracting for construction or repair work on public buildings or other public works, are now required to obtain bonds to secure payment by contractors and sub-contractors for labor and materials furnished for such work; but claimant must file his claim with such officers within sixty days of completion of the work.
MICHIGAN. -- Every person who, under any express or implied contract with the owner or lessee of any interest in real estate, or with a contractor, performs labor or furnishes materials for building, altering, repairing, or ornamenting any building, machinery, wharf, or other structure, has a lien thereon, and on the interest of the owner or lessee of the land on which improvements were made, not, however, to an amount exceeding the original contract price, nor unless notice is given that the lien will be claimed.
Any person furnishing materials or performing labor for contractor must within thirty days after commencing to labor or furnish materials, furnish statement to owner or lessee.
Payments to contractor within sixty days after notice of lien are at owner's
If the estate is a homestead the contract must be signed by the owner and his wife. A notice, signed and verified, setting forth the time of commencing to furnish the labor, etc., the amount due or to become due, and a description of the property, must be filed in the registry of deeds within sixty days after furnishing last of labor or materials and within ten days after filing must be served on the owner or lessee, or in his absence on agent in charge, and, in absence of both, by posting on the premises. The lien must be enforced by suit in chancery within one year after filing notice, or finishing last of labor, etc.
- Any person performing labor or furnishing material for construction or repair of any building, fixtures, wharf, fence, structure, railway, or telegraph line, etc., by virtue of a contract with the owner, agent, contractor or sub-contractor, may have a lien thereon and on the land not exceeding forty acres without a city or village or one acre within such city or village. Labor or material furnished with knowledge of owner held to be at his instance unless he gives notice to the contrary within five days. Claimant must file verified statement in writing of amount due, that same is for labor or materials furnished and date of first and last items of account, description of property to be charged, and owner's name and notice of intention to claim lien, within ninety days from last item in office of register of deeds of county where premises are situated or in case of railroad, telegraph or telephone line in office of Secretary of State. Lien must be enforced by suit within one year from date of last item.
MISSISSIPPI.-Every building, bridge, machinery, or fixtures for manufacturing purposes, railroad, or water-craft, and every paling or enclosure is liable for the payment of any debt contracted and owing for labor performed or materials furnished about the erection, alteration, or repair of the same, and the debt is a lien on the building or structure and the land on which it is, not to exceed one acre if in the country. The lien takes effect from the time of filing the contract in the office of the chancery clerk for the county,where the land is, or from the commencement of suit to enforce it, and such suit must be begun within twelve months after money claimed is due and payable. Sub-contractors, or employes, or furnishing men of a contractor, are not entitled to a lien. Land of third person bound only when he gives written consent to improvement.
MISSOURI.-Every person performing any work or furnishing any materials, fixtures, engines, boilers, or machinery for any building, erection, or improvement on land, or for repairing the same, has a lien on the building and land belonging to the owner on which the building is, to the extent of one acre, or if in a city, town, or village, on the lot and building. Every original contractor within six months, every journeyman and daylaborer within sixty days, and every other person within four months, must file with the clerk of the circuit court for the county where the property is a true account of his demand, a description of the property, and the owner's name, and action to enforce the lien must be begun within ninety days after filing such account. Sub-contractor or laborer must give owner ten days' notice before filing lien.
MONTANA.—Every person performing labor or furnishing materials, machinery, or fixtures for any building, structure, bridge, flume, canal, ditch, mining claim, quartz lode, city or town lot, ranch, railroad, telegraph,
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 fixtures. 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 provision 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.