The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-01-20

WITH the name OIL the OWNER VI lSPdtCu
owner, if known, and also the name OF
the person by whom he was employed,
or to whom he furnished the material
with a statement of the terms, time
given and conditions of his contract,
specifying the time when the last labor
was performed or the last materials
furnished, and also description OF
the property to be charged with the
lien, sufficient for Identification, which
claim must be verified by the oath OF
himself or of some other person. Liens
against two or more buildings, mining
claims or other Improvements owned
by the same person or persons may De
included in one claim; but in such case
| the person fling the claim must deslg-
mate therein the amount claimed to be
due him on each of such buildings,
mining claims or other Improvements.
ANY sub-contractor, before commencing
to furnish materials or to perform work,
or at any time thereafter ana
before the completion of his con-
tract, may file statement OF
claim with the recorder as herein
provided. containing a notice OF inten-
ton to hold and claim lien, de
scription of the property to be charged,
and the probable value of the work to
be done, or the probable value of the
materials to be furnished, as near as
may be. From the time such state
ment shall have been filed, he shall
have a lien for the work thereafter
done or materials furnished by him,
not exceeding the sum stated as the
probable value thereof; and in the
event of such subcontraetor claiming
to have done work or furnished mate
rails before the filing of such state
ment, he may include therin state
ment of the value or probable value
lof the work already done, or material
furnished, as near as may be, for
which, to the extent of the sums men
toned, his lien shall likewise attach.
Sec. Z. The recorder must record
the claim in a book kept by him for
that purpose, and from the time of the
filing thereof for record, all persons
shall be deemed to have notice.
Sec. s. The liens herein provided for
may be enforced by an action in any
court of competent jurisdiction, on
setting out in the complaint the par
ticulars of the demand with a descrip-
ition of the premises to be charged
with the lien; and at the time of filing
the complaint and issuing the sum-
mons, the plaintiff shall cause a notice
to be published at least once a week
for three successive weeks in one
newspaper of general circulation pub
lished in the judicial district, and If
there is no newspaper published there
in, then in such mode as the court
may determine, notifying all persons
holding or claiming liens under the
provisions of this act, on said prem
ises, to be and appear before said
court on a day specified therein, and
during regular term thereof, and to
exhibit then and there the proof of
said liens. On the day appointed, all
persons claiming liens against the
premises, shall appear before said
court and exhibit the same, where
upon the court shall proceed to hear
and determine the claims in a sum-
mary way or may refer the same to
referee to ascertain and report there
on, and shall enter judgment accord
ing to the right of the parties, and all
liens not so exhibited shall be deemed
to be waived against the property. In
every case in which different liens are
claimed against the same property,
the rank of each lien, or class of liens,
as between the contractor or subcon-
tractor, shall be declared and ordered
to be satisfied in the decree, in the
following order, viz:
First-Subcontractor who were Ia
borers or mechanics working by the
day or piece, but without furnishing
material therefor.
Seiond-All other subcontractors
and all material men.
Third-The original contractors. And
the proceeds of the sale in all actions
for the satisfaction of liens against
the same improvements or. structures.
shall be paid in thesorder above desig-
mated, and pro rata to the persons
claiming in each class, where the sum
realized is sufficient to pay the per-
sons of one class in full
Sec. g. The court shall cause the
property to be sold in satisfaction of
the liens and costs as in the case of
foreclosure of mortgages, subject to
the right of redemption of the owner
and creditors as provided by law; and
if the proceeds of sale, after the pay
nent of costs, shall not be sufficient to
satisfy the whole amount of liens in
Guided in the decree, then said pro-
ceeds shall be apportioned according
to the rights of the several parties,
and to the several classes in the order
as hereinbefore specified. In case of
any excess of proceeds of sale, the re-
mainder shall be paid over to the
owner; and every person whose claim
is not satisfied as herein provided,
may have judgment docketed for the
balance unpaid, and execution therefor
against the party liable. AS between
the owner and the contractor, the
court shall apportion the costs accord
ing to the right of the case, but in all
instances subcontractors shall have
their costs, including the costs of pre-
pairing and recording statement of
claim. awarded to them, and includ-
ing an attorneys docket fee as now
allowed by law, for each claimant ex-
hibiting lien.
Sec. 10. Whenever materials have
been furnished for use in the con-
struction, alteration or repair of any
building, work or other improvement
mentioned in the first section of this
act, such materials shall not be sub
ject to an attachment, execution or
oaher legal process to enforce any
debt due by the purchaser of such
materials. other than a debt due for
the purchase money thereof, so long
as in good faith the same are about to
be applied to the construction, alteration
or repair of such building or improve
ment. Nothing contained herein shall
be construed to impair or affect the
right of any person to whom a debt
may be due for work done or material
furnished to maintain a personal ac-
ton to recover the same
Sec. II. All liens under this act
shall be assignable as other chooses in
action and the assignee may commence
and prosecute actions thereon in his
own name in the manner herein pro-
vided.
Sec. IL. All foundrymen and boiler
makers, and all persons performing
labor or furnishing machinery or boil
ers, or castings, or other material for
the construction or repairing or carry
ing on of any mill. manufactory or
hosting works, shall have lien on
such mill, mandatory or hosting
works for such work or labor done on
such machinery, or boiler or castings
or other material furnished by such