The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-01-20
Full Text of the Bill Presented by
Varian.
THE OWNER HELD LIABLE.
FIRST LABORERs, THEN SURGEON
TRACTORS, LAST CONTRACTORS.
The Contractor is Held to be an
Agent of the Owner in Hiring
Work and no Prior Indebtedness
Takes Away Owners Liability.


be recommended by the judiciary COM
duced by Varian. The full text Of the
bill is as follows:
A bill for an act to secure liens to
mechanics and others, and to repeal
all other acts and laws in relation
thereto.
Be it enacted by the Governor and Leg
islature of the Territory of Utah:
Section 1. Mechanics, material men,
contractors, sub-contractors, builders
and all persons Of every class perform
ing labor upon or furnishing materials
to be used in the construction, alter
alton, addition to or repair, either in
whole or in part, of any building,
bridge. ditch, f1ume, aQueduct, tunnel,
fence, railroad, wagon road, or other
structure or Improvement upon land,
and also architects, engineers and ar
tisans who have furnished designs,
plats, plans maps, specifica tons, draw
ings, estimates of cost, surveys, or SUI
perintendence, or who have rendered
other professional service or bestowed
labor in whole or in part, describing,
illustrating or experimenting such
structure or work done or to be done
or in any part connected Herewith,
shall have a lien upon the property
upon which they have rendered SER
vice or performed labor or furnished
materials, for the value of such SER
vice rendered, labor done or materials
furnished, whether at the instance of
the owner or of any other person act
ing by his authority or under him, as
agent, contractor or otherwise, for the
work or labor done or service rendered
or materials furnished by each respec-
lively whether done or furnished DC
rendered at the instance of the owner
of the building or other improvement,
or his agent. And every contractor, ar
chitect, engineer sub-contractor build
er, agent or other person having charge
of the construction, alteration. addi-
ton or repair, either in whole or in
part, of any building, work or other
improvement as aforesaid shall be
held to be the agent of the owner for
the purpose of this act. In case of a
contract for the work between a re-
puted owner and q contractor, the lien
shall extend to the entire contract
price, and such contract shall operate
as lien in favor of all persons ex-
cept the contractor to the extent of
the whole contract price: and after
all such liens are satisfied, then as a
lien for any balance of the contract
price in favor of the contractor No
part Of the contract price shall, by the
terms Of any contract, be made paya-
bic, nor shall the same or any part
thereof be paid in advance of the COM
mencement Of the work for the purpose
of evading or defea ting the provisions
of this section. No payment made
prior to the time when the same is
due, under the terms and conditions
of the contract shall be valid for the
purpose of defeating, diminishing or
discharging any lien in favor of any
person except the contractor; but as
to such liens such payment shall be
deemed as if not made, and shall be
applicable to such liens, notwithstand-
ing that the contractor to whom it
was paid may thereafter abandon his
contract or be or become indebted to
the reputed owner in any amount for
damages or otherwise, for non-pay-
ment of his contract, or otherwise. AS
to all liens except that of the contrac-
tor, the whole contract price shall be
payable in money, and shall not be d.
miniShed by any prior or subsequent
Indebtedness, offset or counter-clain
in favor of the reputed owner and
against the contractor No alteration
of any contract shall affect any lien
acquired under the provisions of this
act. The liens herein provided for shall
likewise attach to rights of water and
rights of way which may be appur-
tenant to and used with any of the
herein specified to which the
lien attaches; and in case of corpor-
atoms, the lien shall attach to all
franchises and privileges that may in
any manner pertain to the property
against which the lien is claimed. When
any person entitled to a lien under the
provisions of this section, other than
the original contractor, shall have ac-
IL q or n 1r1,
upon or to furnish materials for any
building, improvement or structure
herein mentioned, the property shall
be charged with the liens by this act
provided, and no payment made to the
original contractor shall in anywise
defeat or impair the claims for such
liens.
Section 2. The liens granted by this
act shall extend to and cover so much
of the land wherein such building,
structure or improvement shall be
made, as may be necessary for the
use and occupation of such
building, structure or improve
ment, and the same shall be
subject to such liens, and
in case any such building shall occupy
two or more lots or other subdivisions
of land, such lots or other subdivisions
shall be deemed one lot for the pur-
poses of this act, and the same rule
shall hold in cases of any other such
that shall be practically
and shall attach to all ma
chinery and other fixtures used in con-
nection with any such lands buildings
or structures. No attachment garnish-
ment or levy under an execution upon
any money due to an original contrac-
tor from the owner or reputed owner
OF any property subject to lien under
this act, shall be valid as against any
lien of sub-contractor or material
man of the second class, as herein
provided, from the contractor, shall be
valid as against any lien of a laborer
by the day or piece.
Sec. g. Substantially same as Sec. z,
law of $780,
Sec. 4. Whoever shall do work or fur
nish materials by contract, express or
implied, with the owner shall be deem
ed an original contractor and all other
persons doing work or furnishing ma
terials shall be deemed sub-contractors
Sec. 5. The liens provided for herein
are preferred to any lien, mortgage
or other encumbrance which may have
attached subsequent to the time when
the building, improvement or structure
was commenced, work done or mater
ials were commenced to be furnished 4:
also to any lien, mortgage or other
of which the lien holder
had no notice and which was unre-
corded at the time the building. inn
provement or structure was commen-
ced, work done, or the materials were
commenced to be furnished. The liens
herein provided shall relate back to
and take effect as of the time of the
to do work upon and
furnish materials for the structure or
and shall have priority
over any lien or encumbrance subse-
quently intervening, except a lien here
in provided for of the same class. or
which may have been created prior
thereto, which was not then recorded
and of which the lienor under this act
did not have actual notice