The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1865-01-28
AN ACT
FOR SECURING LIENS TO MECHANICS
AND OTHERS.

ing labor or furnishing material to the amour
of twenty-f dollars, for the construction
or repairing of any building or other super
structure, shall have a lien on such building
or superstructure for the work and labor dom
or material furnished by each, respectively.
Q. Every person wishing to avail him
self of the benefit of this Act shall file IL
the county recorders office, which shall be
by him, recorded in a book to be kept foI
that purpose, of the county in which SUCH
building or superstructure is situated, within
sixty days after the completion ofsuch build
ing or superstructure just and true account
1of the demands due him, after deducting all
spreper credits 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 description of the prop
erty to be charged with said lien. If such
lien is claimed by sub-contractor, journey
man, or any other person except the contract
or performing labor or furnishing material,
the account aforesaid shall be filed within
thirty days after the work was done or the
materials were furnished by him !; and within
five days after the filing of said account as
aforesaid, he shall serve a copy thereof on
the owner of such building or superstructure
or ON the agent of such owner, if the latter
resides out of the county in which such
building or superstructure is situated, by de-
livering the same to him personally or by
leaving it at his usual place of residence. If
such owner does not reside within the coun-
ty, and has NO agent therein, service of the
copy aforesaid may be made by posting the
same in conspicuous place on the building
or superstructure to be charged with such
len.
S3. Every sub-contractor, journeyman,
laborer, or other person performing labor or
furnishing materials, shall, under the provis-
ions of this Act, have a valid lien upon the
building or superstructure on which such
labor was performed or for which such ma
terials were furnished, regardless of the claim
of the contractor against the owner Of such
building or superstrncture; but if any money
be due, or is to become due underline contract
from said owner to said contractor, on being
served with a notice by such sub-contractor
as provided in the last preceding Section
said owner may withhold out of the money
frSt due, or to become due under the con-
tract, sufficient sum to cover the lien claim
ed by such sub-eontractor, joarneyman, Ia
borer, or other person performing the labor,
or furnishing the materials, until the validity
thereof shall have been established by proper
legal proceedings, if the same be contested
shall be valid Offset to that extent in favor
of the owner, against the contractor; and
after said notice shall have been properly
served upon such owner or owners, in case Of
failure to comply with the provisions of this
Section, then such sub.contractor shall have
power to sue and recover from such owner or
owners, whatever amount he may have lost
by such failure. No attachment served on
the funds in the hands of the owner of such
building or superstructure, for claims other
than expressed III this Act, shall lie against
the liens created by this Act, nor such owner
be held or legally bound to answer such at
tachment, until all claims under the contract,
or liens created by this Act shall first be sat-
iS6ed. a.
4. The land upon which any building
or superstructure shall be erected, together
with convenient space around the same, or
80 mach as may be necessary for the conven-
lent use and occupation of the premises.
shall also be subject to the liens created by
this Act, it, at the time the labor was com /,
menced, or the frst of the materials were ,
furnished, the land belonged to the person
who caused the said building or superstruc- /;
ture to be erected. But if such person own
ed less than fee simple estate in said land,
then only his interest therein shall be subject I
to Such lien; and the liens created by this
Act shall be preferred to every other lien or
incambrance which shall have attached upon :
said property subsequent to the time at which
the work was commenced or the first of the !
materials were furnished, and, also to all :
mortgages and other membranes not recoi r
ded at the time such work was commenced, or :
the first of the materials were furnished /; but :
nothing herein contained shall be construed =
as impairing any iucumbrance upon the valid f
said land duly made and recorded before such !
work was commenced, or the first of such !;
materials were furnished. &
5. The account required to be filed by +
the second section of this Act, shall specify 9
that it is the intention of the holder thereof a
to claim lien upon the premises sought to 70
be charged Herewith, and it shall be the duty s
OF the county recorder to file and record such i
notice and account, in separate book to be i
provided for the purpose, and from the time /
OF such fling, all persons shall be deemed TO =
have notice thereof. y
6. No lien shall bind any building or s
superetructure for longer period than six Ii
months after filing the same, unless suit be a
brought in proper court within that time il
to enforce the same, or, if credit be given, II
then within six months after the expiration
of the credit; but no lien shall be continued fl
IN force for longer time than two years from Il
the time work is completed, or the material b
furnished, By any agreement to give credit. il
z, Said liens NAV he nnfnrcad hu Ic