Wichita eagle., 1888-12-16
Daily eagle
THE MECHANICS LIEN LAW.

been prepared by a member CT the bar OF
this city. 1t will be introduced at the
coming session of the legislature and
any suggestions or criticisms coming
from experiences in the courts will be
given hearing in these columns:
BILL
To Provide for and Regulate the En-
forcement of Liens for Labor and
Material
Se it enacted by the legislature of the state Of Kan
Sec. 1. Any person who shall under
contract with the owner of any tract OF
piece of land or with the trustee, agent
husband, or wife of such owner,
furnish material for the cree
ton, alteration or repair OF any
building, improvement or structure
thereon, or who shall furnish or perform
labor in putting up of any fixtures OF
machinery in or attachment to any such
building, structure or improvement. OF
who shall plant any trees, vines, plants
or hedge in or upon said land, or who
shall build, alter or repair or furnish
labor or material for building, altering
or repairing any fence or fOotwalk in OF
upon said land, or any sidewalk in any
street abutting said land, shall have a
lien upon the whole of said piece or tract
Of land, the buildings and appurtenances.
in the manner herein provided, for the
amount due to him for such labor, ma
terial, fixtures or machinery. Such
liens shall be preferred to all other Liens
or membranes which may attach to or
upon such land, buildings or improve
ments, or either of them, subsequent 10
the commencement of such building,
the finishing or putting up of such fix
lures or machinery, the planting of such
trees, vines, plants or hedges, the build
ing of such fence, footwalks or side
walks or the making of any such repairs
Or Improvements.
Sec. .. ANY person claiming a lien as
aforesaid shall file III the Office of the
clerk of the district court of the county
In which the land is situated statement
setting forth the amount claimed and the
items thereof as nearly as practicable,
the name of the owner, the name of the
contractor. the name of the claimant and
n description of the property subject to
he lien verified 10y affidavit. Provided,
that if any promissory note,
bearing a lawful rate of interest,
shall have been taken for any such labor
or material, it shall not be necessary to
file an itemized statement of labor or
material furnished, but. in lieu thereof,
1t shall be sufficient to file copy of such
note, with sworn statement that said
note, or any part thereof, was given for
such labor or material used in the con-
Btruction of such building or improve
nent: and if the whole of such note
shall have been given for such labor or
material the lien shall be for the whole
Of the principal and interest of said note;
but if part of said note only shall
have been given for such labor or
material. then the lien shall be for a cor
responding amount only, with interest at
.he rate specified in said note. Such
statement shall be filed within four
months after the date upon which ma
lerial was last furnished or labor last
performed under contract as aforesaid,
and if the claim be for the planting of
any trees, vines, plants or hedge, such
statement shall be filed within four
months from such planting. lmmedi-
ately upon the receipt of such statement
the clerk of the district court shall enter
y record of the same in book kept
for that purpose to be called the
mechanics lien docket, which docket
shall he ruled off into separate columns,
with headings as follows: When filed,
q Ime of owner, name OF claimant,
amount claimed, description of property,
md remarks, and the clerk shall make
he proper entry in each column.
Sec. 8. Any person who shall furnish
any such material or perform such labor
under sub-contract with the contractor
may obtain lien upon such land from
the same time, in the same manner
and to the same extent as the origl-
nal contractor for the amount due
him for such material and labor, by filing
with the clerk of the district court of the
county in which the land is situated
within sixty days after the date upon
which material was last furnished or labor
last performed under such sub-contract
a statement verified by affidavit setting
forth the amount due from the con-
tractor to the claimant and the items
thereof as nearly as practicable. the
name of the owner, the name of the con-
tractor. the name of the claimant and
description of the property upon which
a lien is claimed; and by serving a copy
Of such statement on the owner of the
and or his agent. Provided that If with
.lue diligence the owner cannot be found
IN the county where the land is situated,
The Sub-contractor, after filing an affi-
lavit setting forth such facts, may serve
a copy of such statement upon the occu
pant of the land, or, if the land be unOc
cupled, may post such copy in con-
spicuous place upon the land or any
building thereon.
Immediately upon the filing of such
statement the clerk of said court shall
enter record of the same in the docket
provided for in section one of this act
and in the manner therein specified.
Provided that the owner of any land
affected by such lien shall not thereby
become liable to any sub-contractor for
any greater amount than he contracted
TO paw the original contractor; but the
risk of all payments made to the origi-
nal contractor shall be upon such owner
until the expiration of the sixty days
hereinbefore specified: and no owner
shall be liable TO an action by such con-
tractor until the expiration of said sixty
DAYS. and such owner may pay such
Sub-contractor the amount due him from
such contractor for such labor and mate
rial and theamount so paid shall be held
and deemed a payment OF said amount
TO the original contractor. The district
clerk shall be entitled to fee of p cents
in each case for entering the statements
provided for in this act, and the costs of
filing and entering such statements
shall be recovered as part of the costs of
enforcing such liens.
Sec. 4. All claims for liens and rights
Of action to recover therefor under this
act shall be assignable so as 10 vest in
the assignee all rights and remedies here
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