The Placer herald., 1856-05-24
Mechanics Lien Law.

MeCnanlC|S L1eH LAW
An ACT FOR SECURING LIENS TO MECHANICS AND
OTHERS.
The People of the State Of California represent
ed in the Senate and .4SSem6fy do enact as
foiio,rs:
SECTION |. All artisans. builders, mechanics.
lumber merchants, and all other persons perform
ing labor or furnishing materials for the construc
ton or repairing of any building. wharf or other
superstructure, shall have a lien on such building,
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
er's office of the county in which such building
wharf or superstructure is situated within sixty
davs after the completion of such building, wharf
or superstructlre Just and true account OF the
demand due him. after deducting 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 correct de-
scription of the property to be charged with said
lien. If such lien is claimed by sub contractor,
iournevman 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; ana
within five days after filing such account as atore-
eaid, he shall serve copy on the owner or own
er. of such building, wharf or superstructuTe. or
the agent of such owners, if the latter reside out
of the county iu which such building. wharf or
eupcrstructure is situate. If such owners do not
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. 3. On being served with notice by sub
contractor as provided in the last preceding
section the owner Of said building, wharf or SUI
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
,fper (loh r
nshing materials. until the validity thereof small
be ascertained by proper leagal proceeding, Ii
the same be contested and if so established, the
amount thereof shall be a valid Offset to that eX-
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
supcrsructure, 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 TINS act snail
first be satisfied.
Sec. T. The land upon which any building or
superstructure shall be erected, together with a
convenient space around the same, or so much a.
may be required for the convenient use and occu'
patton of the premises. shall also be subject to the
lien created by this act, IT, 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
ipcumbrance which shall have attached upon the
said property subsequent to the time at which the
work was commenced, or the materials turnshed
but nothing herein contained shall be construed
as impairing any valid incumbrance 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 superstructure for longer period than
six months after filing the same, unless suit be
brought in a 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 Dy any
agreement to give credit.
Sec T. Said liens may be enforced by suit in
any Court of competent jurisdiction OH setting
forth in the complaint the particulars OF such de-
mand, with descrption 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 some news
paper published in the county if there be one, and
if not, then in such mode 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 APP
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 be waived in favor OF those which are
40 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 ii 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.
Sec. 8. Nothing herein contained shall be con-
strued to take away or 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
superstructure, would otherwise have against his
employer.