The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-02-25
THE NEW MECHANICS LIEN Law.

House bill No q. creating and providing for
the enforcement of lien, for labor and material
has been signed by the governor. 1t is very
lengthy, and . summary Of it, provisions -
given below:
SECTION L Every person performing labor
upon or furnishing material to b used In the
CONSTRUCTION. alteration or repair OF any mining
fiume, tunnel. fence. machinery, railroad.
street railway, wagon road, aQueduct 70 create
hydraulic power or any other structure, or who
pelnofms labor IN any mine or miaing c.sim S or
labor performed or material furnished by each
respectively, whether performed or furnished at
the instance Of the owner of the property sub
ject to the lien, or his agent; and every
contractor, gub-cOntractor. architect. build.
er or person having charge OF the coustruc-
ton, alteration or repair OF any property sub
ject to the lien aforesaid. shall be held to be
the agent OF the owner for the purpose OF the
establishment of the lien created by this act
Prorided, That whenever any railroad company
shall contract with any person for The construc-
ton Of its road, or any part thereof. such rail
road company shall take from the person. with
whom such contract Is made. good and sui.
hcient bond. conditioned that such person shall
pay all laborers, mechanics and material men.
aud persons who supply such contractors with
provisions, all just dues to such persons or to
any person to whom any part OF SUCH work Is
given. incurred in carrying on such work,
which bond shall be fled by such railroad COM
pany In the Office of the county auditor in each
ated. And IL any such railroad company shall
fail to take such bond, such railroad company
shall be liable to the persons herein mentioned
to the full extent Of al such debts so contracted
by such contractor.
Sec 2 The land upon which the property sub
ect to the lien created by section of this act 10
with Convenient space about the same s or 90
much ~ may be required for the convenient use
and occupation thereof. to be determined by the
court on rendering judgment in foreclosure OF
a IL n Snl n tn 1 n
commencement of the performance OF the labor
or OF the furnishing OF the materials, the land
belonged to the person who. In his own behalf.
or who, through any of the psfSons designated
in section of this act to be the agent OF the
owner, caused the performance OF the labor, or
the construction, alteration or repair OF the
property subject to the lien: PROVIDED. That
II such person own less than a fee simple in
such land. then only his interest therein is sub
ject to the lien.
Sec. g. Any person who, at the request of the
owner of any real property, his agent, contrac-
tor or subcontractor, clears, grades. fills in, or
otherwise improves the same or any street or
upon such real property for the labor performed
or the materials furnished for such purposes.
Sec The lteus created by this act are pre-
terred to any lien. mortgage or other incum-
brance which may attach subsequently to the
time of the commencement of the performance
OF the labor or the furnishing of the materials
for which the right OF lien is given by this act.
and are also preferred to any lien, mortgage or
other tncumbrance which may have attached
previously to that time and which was not filed
or recorded so as to create constructive notice
OF the same prior 70 that time, and Of which the
lien claimant had no notice.
Sec. 8. No lien created by this act shall exist
and no action to enforce the same shall be main.
tanned unless within ninety days from the date
OF the cessation of the performance OF such
labor or of the furnishing of such materials .
claim for such lien shalt be filed for record AS
hereinafter provided, in the Office OF the county
auditor OF the county in which the property or
some part thereof to be affected thereby 10 stu.
ated.
forcing the lien, and how 1t shall be recorded.
The liens are assignable, but suits must b.
begun within eight calendar months. Labor
liens take precedence: then those for material:
next come the sub-contractors. and finally the
original contractors. All acts portions Of acts
in conflict with the provisions OF the new law
are repealed.