The Chipley banner. (Chipley, Washington County, Fla.) 1893-1943, 1903-08-20
CHAPTER np-No. ml

circumstances hereinafter mentioned, which
liens snail be superior to all others aecru-
Sec z Liens shall exist in favor Of any me-
chanic, laborer or other person who shall per-
iOrm by himself OF others any labor upon, %
the construction or repair o fanny building ~
other work structure, or Of additions TO, %
upon any fixtures therein or thereon, upon
such building, work or structure and the land
Sec 3 Liens shall exist in favor Of any
person performing by himself or others anV
labor upon any railroad, canal, telegraph o.
telephone line, wharf, mill, disillery, or other
manutactory, whether in the construction, re,
pair or operation thereof, upon such line,
wharf, mill, distillery or other manufactory,
any and all franchises, machinery and equip
ments Herewith or thereon and on the land
upon which they stand.
Sec. l. Liens shall exist In favor Of aaY
person performing by himself or others any
labor upon or in any farm, orchard, grove, gar.
den, park or other grounds, whether in clear
ing up, fencing, ditchng draining, OF n
MAINTAINING, improving or .cultivating the
same; upon such iarm, orchard, grove, garden.
park or other grounds.
Sec. 5. Liens shall exist in favor of any
person who shall furnish any building material
used in the construction, repair, or use, Of any
building, railroad, canal, or telegraph line
wharf, bridge. mill distiilery or other man
uiaeturing work or structure, upon the said
lands upon which they stand ~
Sec. 9. That any mechanic, laborer OF other
person who shall perform by himself or others
or in the construction or repair Of any side.
walk laid o constructed on any street and ad,
Jacent to any lot, piece or parcel OF land
in any city or Incorporated town, By The
procurement OF the owner of such land or hia
agent or person contracting with the owner
to have the work done, or materials furnish
ed, shall have lien upon the interest Of the
owner IN such land and may enforce the sama
IN the same manner as is provided in this act
Sec. z. II the labor or materials mentioned
hereinbefore shall be done or furnished ~
the procurement Of theowner Of the property.
or his agent, or OF person contracting with
HIM to have the work done or material fur.
nshed the lien shall be upon the interest az
such owner, but il the labor be done or the
materials furnished by the procurement of q
person, having less than the absolute interest
or OF his agent, or OF any person Contracting
with him to have the work done or materials
furnished, the lien shall be only upon the
limited interest Of such person.
Sec. g. As against the owner, absolute or
limited, OF the property, real or personal, upon
which lien is claimed, or person deriving
through his death, or purchasers creditors
for shall be acquired by any person in priVity
with such owner by the performance Of the
labor or the furnishing of the materials. Any
purchaser or creditor whose title, interest,
lien or claim in or to the property shall Be
created or shall arise, while the construction OF
repair OF such property, as aforesaid, is In
progress shall be deemed and held to be q
purchaser or creditor with notice.
Sec 3. As against purchasers and creditors
OF such owner without notice, such lien shall
time Of the record in the office of the CLERK
OF the Circuit court of the county where the
real estate lies Of notice Of such lien. Such
claimed, description Of the property upon
which the lien is claimed and a notice Of the
intention to hold a lien for the said amount
and shall be verified by the oath Of the lienoF
or his agent. 1t shall be filed only after the
labor has been entirely performed OF the
materials entirely furnished
No such notice Of a perfected lien shall be
effeetual against creditors or purchasers Of
the owner without notice unless Il be fled
within three months after the entire perform
ance OF the labor or the entire furnishing a
Sec. 10. A person entitled to acquire lien.
not in privty with the owner, as aforesaid
shall acquire lien upon such owners real
sons claiming through his DEATH and pur.
chasers and creditors with notice, by the de-
livery to him, or his agent, Of a written notice
the labor has been performed, or the mate 4,
rails furnished, is indebted to the person Der.
forming the labor or. furnishing the materials
IN the sum stated in the notice; but n 4
person who Is performing or Is about =
perform, by himself OF others, labor or a
or Is about to furnish materials shan
80 desire, he may deliver to the owner or HE
agent written cautionary notice that he win
DO certain work or will furnish certain ma
Ierials or both. A lien shall exist from The
lime OF the service OF such notice for the
owner to the contractor the person for
whom the work was done or the material fur.
nishsd Such service shall also create a per.
ional liability against the owner Of the prop
erty in favor OF the lienor giving such no.ica
Tor the amount due by the said owner at the
lime OF the service Of the notice to the COM
Taetor or other person for whom the work
was done OF the materials furnished.
Sec II. As against the purchasers and cred
tors OF such owners without notice, such
lens against real estate shall be acquired from
he time Of the recording in the oifice Of me
clerk of the circuit court of the county OF 4
notice Of lien similar to that provided By SEQ
whose title, interest, lien or claim In or to thS
property shall be created OF shall arise while
ne construction or repair of such property,
IS Aforesaid - in progress shall be deemed
md held 70 be purchaser or creditor with
notice
Sec. L. Liens for labor and liens for ma.
eral provided Tor by this ect shall take pd-
,rity among themselves according to the times
hat the notices required to create such Hena
respectively were given or were recorded in the
iases where record Is required, that is TO say,
zach such lien which shall have attached 10 the
property shall be paid before any such lien
which shall have subsequently attached thereto
hall be entitled to be paid.
Sec. IL. All liens provided for by this act
ither upon real ar personal property, shall
's enforceable by persons in privity with the
(a). BY a retention Of possession for a M.
iod not exceeding three months OF the prom
rty upon which the lien has attached By the
'erson entitled to such lien, II he were Ia such
possession at the time the lien attached.
lb). BY bill in equity.
.(c). BY an ordinary suit at law and the levy
i the execution obtained therein on the prop
rty of which the lien is held.
(d(. BY suit at law In which the declaration
hall state the manner In which the lien arose
he amount for which the lien Is held, The
description OF the property, and a prayer for
he property 10 be sold to satisfy the lien In
UGH suit the judgment for the plaintiff shall
e a personal judgment against the defend
mt as well as declare the lien upon the prop
rty describing IL; and shall direct execution
roperty generally Of the defendant
Sec II. All persons who may have a lien
s provided by this act may Join together hi
uts 10 enforce their respective liens, Ia
Inch case the court may allow ten per cent
ttorney's fees for the total sum sued for un.
'ss the total shall be under one hundred doll
US when an attorneys tee OF ten dollars
Sec. Is. A person not In phvity with the
wner may resort TO any Of the remedies pres
1bed BY the foregoing section, except para
raph (c), but In every suit AZ law or IN
lancery the contractor OF person for whom the
Dor was performed or the materials furnished
Just be made a party defendant 20 the suit,
nd the judgment or decree may provide Tor
le recovery from the contractor or Other Der.
IN as Aforesaid Of the amount due by him.
I'D from the owner Of the amount due by
IN TO the contractor or other person a.
oresaid AZ the time Of the service ~ the
otiee provided for By section 10 a. well a.
.eree and enforce the Hen against the prop
~ Of such owner for such amount; but only
le satisfaction 81 such Judgment shan Be-
I'd. And although no lien Sc found 10 e.
I and no Judgment NAV BE- rendered aeainaf