The Placer herald., 1856-05-03
Mechanics Lien Law.

The People ofthe state Of CaiJorn'a represent
ed in fhe Senate and assembly, do enact as
foli0acS:
SECTION l. 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 lien on such building
wharf or sup ersructure for the work and labor
done. or materials furnished by each respectively.
Sec. 2. Every person wishing to avail hiilSeil
of the benefits of this act shall lle IN the hecoru
er's office of the county in which such building
wharf or superstructurc is situated within sixty
days after the completion of such building Whari
or superstructure just and true account ol tlc
demand due him. after deductlng all proper creu-
its and offsets, and shall verify such account ny
his own oath or the oath of some other person
and shall also file at the same time Il correct de-
scripton 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 snail
be fled within thirty days after the work was
done. or the materials was furnished by him; ana
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' OF
the agent of such owners, II the latter reside OUT
of the county i'll which such building Wharl OF
supcrstructure is situate. Ii such owners 40 not
reside within the county, and have no agent there
in. service of the copy aforesaid may be made by
posting the same in conspicuous place on the
building. wharf, or supcrstructurc to be charged
with such lien
Sec g. On being served with notice by sub
contractor as provided in the last preceding
section the owner of said building wharf or su-
perstructure shall withhold from the contractor,
ont of the first money due. or to become due 10
him under the contract q sufficient sum to cover
the lien claimed by such sub-contractor, journey
man or other persons performing Oabor) or lur,
nishing materials until the validity thereof shall
lp oScprtoiup1 lV n lpaUal proceeding. II
the same be contested; and il 50 established the
amount thereof shall be valid offset to that eX-
tent in favor of the owner against the contractor
But no attachment served on the funds III the
hands of the owner of such building, wharf or
superstructure, 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 building or
superstructure shall be erected, together with a
convenient space around the same or so much as
may be required for the convenient use ana 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
lie subject to said len 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 was commenced, or the materials furnished;
but nothing herein contained shall be construed
as impairing any valid ncumbrance upon the said
land duly made and recorded before such work
was commenced or materials furnished.
Sec. 5. The account required to be liled 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 separate book
provided for the purpose, and from the tune ots
such fling, all persons shall be deemed to have
notice thereto.
Sec 6. No such lien shall bind any building,
wharf superstructure 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, if a credit be given then within
six months after the expiration of the credit; but
no lien shall he continued in force for a longer
term than two years from the time the work is
completed the materials furnished by any
agreement to give credit
Sec. /. Said liens may be enforced by suit in
any t3vu, Of ,,,,..~L-.-c --:-1:-.io, ~, aartno
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 some news
paper published in the county, II 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 APP
pointed the Court shall proceed to hear and de-
termine the said claims in a summary way, or may
refer the to a 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
so exhibited. On asccrtaiung the whole amount
of liens with which the said premises are justly
chargeabe as hcrcnbc!orc proyided the Court
shall cause said premises to be sold in satisfaction
Of said liens and the costs of suit: and if the pro
cceds of such sale shall not be sufficient to satisfy
the whole Of such liens established as aforesaid.
then the same shall be appOrtioncd according to
the respective rights Of the several parties.
Sec. s. 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.
Sec 0. The holder of such lien filed as aforo-
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
of the costs of such entry: and on failure to enter
such satisfaction shall forfeit and pay the party
aggrcved the sum Of fifty dollars per day until
such satisfaction shall be entered, to De recovered
| in the same manner as other debts are recovered
Sec. 10. Any mechanic, artisan, who shall
make alter or repair any article of personal pro-
pcrty at the request of the or legal posses
sor of such property shall have lien on such
property so 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 or artisan may proceed
to sell the property by him so made altered or re-