The Placer herald., 1856-05-17


wharf or sup erstructure for the work and labor
done, or materials furnished by each respectively.
Sec. 2. Every person wishing to avail himself
of the benefits of this act. shall file in the Record
ers Office of the county in which such building.
wharf or superstructure is situated within sixty
days after the completion of such building, wharf
supcrstructure, just and true account of the
demand due him. after deducng all proper cred
its and offsets and shall verify such account by
his own oath or the oath of some other person.
and shall also file at the same time a correct de-
scrption of the property to be charged with said
lien. If such lien is claimed by sub contractor,
journeyman or other person performing labor or
furnishing materials the account aforesaid shall
be filed within thirty days after the work was
done or the materials was furnished by him; and
within five days after filing such account as afore-
said, he shall serve copy on the owner or own
ers of such building, wharf or superstructure, or
the agent of such owners, if the latter reside out
of the county i'll which such building wharf or
superstructurc is situate. If such owners do not
reside within the county, and have no agent there
in. service of the copy aforesaid may be made by
posting the same in a conspicuous place on the
building. wharf, or superstructure to be charged
with such lien.
Sec. s. On being served with notice by sub
contractor. as provided in the last preceding
section, the owner of said building. wharf or
perstructure shall withhold from the contractor,
out of the first money due or to become due to
! him under the contract. sufficient sum to cover
the lien claimed by such sub-contractOr, journey
! man or other persons performing OabOr) or fur
nshing materials. until the validity thereof shall
| be ascertaincd by proper leagal proceeding. if
! the same be contcsted and if so established. the
amount thereof shall be valid Offset to that
tent in favor OF the owner against the contractor
| But no attachment served on the funds in the
hands of the owner of such building, wharf or
supcrstructure, for claims other than those ex-
pressed in this act shall lie against the liens crea-
ted by this act; nor shall the owners be held or
legally bound to answer such attachment until all
claims under the contract or liens by this act shall
first be satisfied.
Sec. 4. The land upon which any y'building or
superstructure shall be erected, together with
convenient space around the same much
may be required for the convenient use and occu.
patton Of the premises shall also be subject to the
lien created by this act, If, at the time the work
and labor was done, or materials furnished the
said land belonged to the person who caused the
said building or superstructure to be erected: but
if such person owned less than fee simple estate
in such land then only his interest therein shall
be subject to said lien: and the liens created by
this act shall be preferred to every other lien or
incumbrance which shall have attached upon the
said property subsequent to the time at which the
work commenced. or the materials furnished;
but nothing herein contained shall be construed
as impairing any valid incumbrancc upon the said
land duly made and recorded before such work
was commenced or materials furnished.
Sec. 5. The account required to be filed by the
second section of this act shall specify that it is
the intention of the holder Thereof to claim lien
upon the premises sought to be charged Herewith;
and it shall be the duty of the Recorder to file and
record such notice and account in a separate book
provided for the purpose, and from the time OF
such filing, all persons shall be deemed to have
notice thereto.
Sec. 6. No such lien shall bind any building
wharf or superstructurc for longer period than
six months after filing the same. unless suit be
brought in proper court within that time to en-
force the same. or if credit be given, then within
six months after the expiration of the credit; but
no lien shall be continued in force for longer
term than two years from the time the work is
completed or the materials furnished by any
agreement to give credit.
Sec. l. Said liens may be enforced by suit in
any Court of competent jurisdiction on setting
forth in the complaint the particulars of such de-
mand. with description of the premises sought
to be charged with such lien, and if the same shall
be established by the judgment of the Court, then
it shall be the duty of the Court to cause notice
to be published for at least ten days in news
paper published in the county, if there be one and
if not then in such mode as the Court shall direct
notifying all persons holding or claiming liens on
said premises to be and appear in said Court on
day to be therein specified, and to exhibit then
and there the proof of said liens. On the day ap-
pointed the Court shall proceed to hear and de-
termine the said claims in a summary way. or may
refer the same to referee to ascertain and report
upon said liens. and the amount justly due thereon;
and all liens not so exhibited and proved shall be
deemed to De waived in favor of those which are
exhibited. On ascertaining the whole amount
of liens with which the said premises are justly
chargeable as hereinbefore provided; the Court
shall cause said premises to be sold in satisfaction
of said liens and the costs of suit and if the pro-
ceeds of such sale shall not be sufficient to satisfy
the whole of such liens established as aforesaid,
then the same shall be apportioned according to
the respective rights of the several parties.
Nnfh tain cI. I,o
strued to take away effect in any manner any
action which any such contractor, labOrer sub
contractor, or other person performing labor or
furnishing material for such building, wharf, or
supcrstructure, would otherwise have against his
employer.
Sec. 9. The holder of such lien filed as aforc-
said on payment thereof, shall enter satisfaction
of the same of record, at the request of any one
interested in the property charged with the lien
within ten days after such request, on the payment
such satisfaction, shall forfeit and pay the party
aggrieved the sum of fifty dollars per day until
such satisfaction shall be entered, to be recovered
in the same manner as other debts are recovered.
Sec. 10. Any mechanic, or artisan, who shall
make, alter or repair any article OF personal pro-
pcrty at the request of the owner or legal posses
sor of such property shall have lien on such
property made, altered or repaired. for his just
and reasonable charges for his work done and
materials furnished, and may hold and retain pos
session OF the same until such just and reasonable
charges shall be paid; and if not paid for within |
the space of two months after the work shall have |
been DONE such mechanic artisan may proceed |
to sell the property by him so made altered or re-
paired, at public auction, by giving three weeks
public notice of such sale, by advertisement in
some newspaper published IN the county in which
the work may be done; or if there be such
newspapers, then by posting up notices of such
sales in three of the most public places in the town
where such work was done. And the proceeds of
such sale shall be applied first, to the discharge of
such lien, and the costs and expenses of keeping
and selling such property; and the remainder, if
any, to be paid over to the owner thereof.
Sec. IL. Nothing contained in this act shall be
deemed to apply to or affect any lien heretofore
acquired. and IAN Act to provide for the Lien Of