The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1875-03-05
GAWS OF The STATE or OREGON.


builders, mecnanlcs, luihper nlvi-
CHANTS and other persons making original con
fyefs for tle construction, erection, alteration,
or repair either In whole orin part, OF any build
ing, wharf, bridge, ditch. tlume, tunnel, Hence,
mnehincry or aque1uct, or any other structure
ar sunerstructure, shall have lien upon said
material, and upon the building, wharf, Dridgc'
ditch, flume, tunnel, fence machinery, or aquS-
duct or other structure aforesaid, for the work
and labor done, or material furnished by each
respectively upon the terms ior the uses anu
Benefits and upon the trusts hereinafter % nlen-
toned. 10 the extent of the original contTact
nrIca; and such contract shall operate as q llen
In favor of all sub-coitinct0ist iaoorers, mq
materiisl-men who shall perform labor or iuillsn
material for the erection. construction' aliera-
tion or repoir of such building, wharf. bridge
ditch, fiume, tunnel, fence, machinery, nquc-
duct or other structure or supel5tTuetule, 10 the
extent of the original contrnct price.
Sec, D. The land upon which any building,
wharf bridge or other structure or lnprVNe-
ment as aforesaid is situated or c0nsuuclSd,
together With convenient space ABOUT me
same, or as muclI rs may be required for tne
convenient use and occupation tneteOi, snail
also be subject TO the liens created by TINS AcI,
II Mt tho time the work was commenced or |
the materials for the same had commenced to be
furnished, the said land belonged 10 tne person |
who caused said building or other Improvement
sueh nerson owned less than fee simple estate |
in such land then oSly his interest therein SNAIL
be subject to such lien; and in cnse snell interest,"
shall be but q leasehod interest. and the holder
thereof shall have forfeited his right thereto,
the pTlrchaser OF such building or Improvement
and leasehold term or so much Thereon "
remains unexpired a. any sales nnqer @ IN me pt;o-
nee of such leaSehold term. and as sncn snal ue
entitled TO pay the lessor all nrrears OF rent Or
other money or coats Que unqer siu lcnses W,
the said land and property, or obtained }Juu8-
ment for the possession thereof, prior 70 inc
commencement. Of the construction hlleIatlon
or repair OF the building on other Improvement
thereon, in which event said purchaser sntll
have the rishtonly TO remove the building Or
other Improvement within thirty daysa alter ne
shall have purchased the same; and the owner
Of the land shall receive the rent due nlnif pay
able out Of the proceeds of tho sale, according 70
| the terms Of the lease, down to the time OF such
Sec. 5. Every lien created under this Act shall
be preferred to every other lien, on eiicum.
bTance,, which shall have attached upon saiu
| property subsequent TO The time at which the
| work was commenced or materials 1urnisheu.
| But nothing herein contained shall be construed
as affecting any valid encumDTnnee upon INC
| said land duly made and recorded before saln
/ york was commenced, or materials furnlshedi
| ni:Iess the original contract shall have been ac
Itnowieagsd, or proyed and recorded IN the
| same mannts ;.s conveyances are required TO be
Scknowlcdged proved and recorded, prior to the
recording Of such valid encumbrance, IN which
case the lien Of such orig ai contract shaii take
| precedence from the time of Ill record.
| Sec 4. Whenever by the provisions q lne
4 original contract the payments to nm orisi'mi
contractor are to be made by installmentsi AZ
specified times, on the completion 81 specinSeo aS,
whole work. 1t shall be the duty of every labor
er, Workman or material-man, or their assigns,
prior to the time when such payment shall DC
come due, to give written notice to the employ
er Of the original contractor of the nature ana
extent of his claim Rgninst the original con-
Or his asgns oysE ana ana above aSnr nna a pay
agreed to be done, or materials furnished, or
. agreed to be furnished for such construction OF
repair. If the original contractor shall admii
the validity of all such claims, and they shall
have been presented in good faith, the employer
shall payt the same when such payment or in,
sallment shall fall due, II the amount Thereof 70,
shall distribute the same pro rata among them
Ifthe original contractor shall admit a portion
of such claims to be due. but shall dispute otn
due under the original contlact Is sufficient tt
nav all of said claims, as well those disputed a
mitted 2nf eIaims and deposit In Tie oice Of the
Clerk of the county an amount sufficient TO pay
] those which are disputed, subject to the deter
tnination hereinafter mentioned. But If th'
amount. of the moneyor installment due is in
sufficient to nay all of said claims then he shal
J nay SO much of the admitted claims as woult
amount of Mi said claims, as well those disputed
as those admitted and shall deposit the bnlancI
y in the office of the County Clerk of the count,
a subject to the determination hereinafter men
toned. The making of such payments or de
, posits shall discharge the lien TO the extent o
o such payment or deposits, and any payment
made by the employer TO workmen or material
men, under the provisions Of this Act, shall or
:. crate as payment TO the original contractor:
Sec. S. No laborer, workman, or material
man, doing work or labor or iuIShi,ng M mat
r shall have the benefit of lien under the provi'
ions of this Act, unless lie shall give the motto
n | required by the preceding Section.
Sec. 9. No payment by any original employe
. to any original contractor, or his assigns, mad
prior to the time when the same shall fall du
under the terms of the original contract, sha
be valid for the purpose ofdefeating ordischarl
=. ing any lien created in favor of any workman
laborer, or material-man, but shall be deeine
\, fraudulent and void as against them.
Sec. 7. Ifany material-man, workman or lf
a borer shall willfnlly present false claim unde
: any of the provisions of this Act or shall viii
@ fully omit in presenting his claim to allow o
credits which may be justly allowable, he sha
y sec. 8. The lien created under this Act sha
operate and inure for the benefit of the origini
contractor, or his assigns, subject to the right
:, and claims of all material-men, workmen an
laborers and whenever their liens are disohals
" ed as herein specified, such original oontTactC
or his assigns may proceed for the enforcement
of his lien in the same manner as in other case
and where any suit has been commenced b
le materal-men or labOrers, for the purpose Of eI
forcing their liens, the rights and liens of sue
r contractor may be settled and adjudicated
said suit.
10 Sec. o. Whenever, through the absence of III
original employer, IL shall be out of the powt
sr OF any material-man workman or laborer,
give timely notice to such employer, PERSONAL
or by leaving the same at his usual pnce
business or residence, of his claim, before II
falling due of any lnstallment or payment,
" may in lieu thereof post such notice in COZ
spicuOus place upon the building, wharf, supe
N structure, bridge, ditch hume, tunnel fenc
,, machinery or aqueduct.
. Sec. 10. If the original contractor or his a
signs shall fail or refuse to make such payInei
10 or deposit as fs provided for in Section four
II this Act, or If he shall mike such deposit
III meet disputed claims, then. any. person or re
or claiming lien or the benefit OF a lien und
Id the provisions Of this Act, may commence ar
n join in an equitable action for the enforcemel
OF their lien either against the fund or again
4 the property on which the lien exists and +
the determination of the rights of the sever
persons claiming liens thereon. tho summon
,a In said action shall be served on the origin
~ contractor or his assigns. and the original ei
IL ployer or his assigns, in the manner prescribe
by law in civil actions; and in addition there
=" published in tho county, and If none be pu
NJ iished In the county, then in newspaper pu
lished in m. adjoining county, at least once
Il, which the action is brought, the names of q
IN PARTIES, the nature and extent of the reli
pnyed for and calling upon all persons int'
ested in the enforcement of the lien, or claimil
any benefit thereof, to present their claiI
IN within ten days after the complete publicatiI
OF said notice, and tint in case of faluIe 80 to
NAV be allowed by the Court or Judge, 4
he party so failing shall forfeit his lien under I'll
Act. Any person who shall nle written mott
a with said Clerk within the time aforesaid, sp,
IN flying the nature. extent and particulars of !
~ claim, shall, il not already made party TO I
re, suit, be deemed plaintiff therein from the lin
OF filing such notice. The Court shall proce
to hear and determine such suit and decide 4
d. on the merits thereof and the rights and lie
Of the respective parties, as In other cqui
IN cases, and may direct the sale OF tho proper
? on which the lien exists, and the distribution
pc the fund among the parties entitled to I
same. 4N9 H
SEE. II. All persons 20 whom any portions
the original contINct between the employer a
the original contractor may be assigned, sh
occupy the same position with reference to I
matcifal-men, wOrlnen and lahorers rs su
original coutrncior In regard to priority
J.. liens; but should there remain surplus aft
e the payment Of such liens, then such assign
n Of the original contractor shall he entitled Il
prirority over him In the distribution, whi
Ho would Otherwise 60 to the original contractS
such assignment, In order to be valid, must
ar attached or annexed to- or noted on the origil
III contract.
" Sec. II. Nothing herein contained shall
ni- construed to affect or take away any action
law which any contractor, subcontractor,
" inatcrial.man would otherwise have against
nv employer.
~ Sec. is. Whenever any materials shah ha
"a been furnished and delivered by any mater
in fhp