The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-04-13
WHAT THE NEW LAWS ARE
INTENDED TO ACCOMPLISH.
NUMBER EIGHT.

The amendment made by the Legis-
lature to Section 1857 of the Code of
Civil Procedure, concerning the filing
of mechanics liens, was so broad as to
practically change almost every pro-
vision of the old law. AS the enact
ment is of universal interest, it is print
ed in full, as follows:
FILING OF MECHANICS LIENS.
Section 1857. The owner of any prop
erty on which labor has been perform
ed, or for which materials have been
furnished to be used in the construc-
tion alteration, addition to. or repair,
either in whole or in part, of any work,
mentioned in Section 1888 Of this code
must, within ten days after the COM
pletion thereof, or within forty days
after cessation from labor upon any
unfinished contract, or upon any I'M
finished building, improvement, or
structure, or the alteration, addition to,
or the repair thereof, file for record in
the office of the County Recorder OF
the comfy, or city and county, in which
such property or some part thereof is
situated, a notice setting forth the date
when such building, improvement, or
structure, or the alteration, addition to-,
VI ItpdiT lIleTtOl, was ACTUALLY SOiii-
pleted, or in case of cessation from Ia
Dor for thirty days, the date on which
such cessation actually occurred, and
said notice shall also contain the name
and the nature of the title of the per-
son who caused the said building, inn
provement, or structure to be erected,
or said alteration, addition to, or repair
to be made, and also a description OF
the property sufficient for Identification,
and said notice must be verified by said
owner or some other person in his behalf.
In case any such owner neglect to file
said notice as herein required, within
the time herein required then the said
owner and all persons deraigning title
from him, and all persons claiming an
interest in said property, shall be estop-
ped in any proceedings brought to fore
close any mechanics lien or liens, pro-
vided for in this chapter, from main
tanning a defense therein based on the
ground that said lien or liens have not
been filed within the time provided in
this-chapter Said notice, when so filed
for record, must be recorded by the
County Recorder with whom the same
is filed for record, and the fee for re-
cording the same shall be the sum of
81
Every original contractor, at any
time after the completion of his con-
tract and until the expiration of sixty
days after the filing of said notice Of
completion or notice of cessation Of
labor by the owner, and every person,
save the original contractor. claiming
the benefit of this chapter at any time
after the completion of any building,
Improvement, or structure or of the
alteration, addition to- or repair there
of, and until the expiration of thirty
days after the filing of said notice of
completion or cessation by said owner,
or within thirty days after the perform
ance of any labor in a mining claim,
must file for record with the County
Recorder Of the county, or city and
county, in which such property or some
part thereof is situated, a claim con-
tanning a statement of his demand, af-
ter deducting all just credits and off
SETS with the name Of the owner or
reputed owner, if known, and also the
name of the person by whom he was
employed, or to whom he furnished the
materials with a statement of the
terms, time given, and conditions of
his contract, and also a 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; pro-
vi6ed however, that in any event all
claims of lien must be filed within nine
ty days after the completion of said
building, Improvement, or structure or
the alteration, addition to, or repair
thereof. Any trivial imperfection in
the said work, or in the construction
of any building Improvement, or
structure, or of the alteration, addi-
ton to, or repair thereof. shall not be
deemed such lack of completion as to
prevent the filing of any lien; and in
all cases the occupation or use of a
building, improvement, or structure, by
the owner, or his representative, or the
acceptance by said owner or his agent
of said building, improvement, or
structure, and cessation from labor for
thirty days upon any contract or upon
any building. improvement, or struct-
ure, or the alteration, addition to, or