The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1914-12-06

Mechanics and Material Men

Mechanics and Material Men
| There is a flaw in the mechanics lien
law in so far. at least, as the same
applies to those who perform work or
labor or furnish material of any kind
for improvements on land. There are,
probably, very few owners of land who
would do any act legal or otherwise,
to defeat the mechanic or material man
of his lien, yet there are some, and a
case has found its way into the books
| Martin VS.. Clark, 154 Ala. reports.
page 425) showing the defect in the
law. As is well known, it is provided
| by statute that the mechanics lien,
after commencement of the work, shall
| have priority over all liens, mortgages
or membranes subsequently created,
and, to the building itself, shall
have priority over all existing liens,
| mortgages or membranes. This seems
| well, but in the case referred to it is
decided that If the owner make an
outright sale of the premises after i'm
provements made and the grantee re-
ceives the conveyance and pays out his
money in good faith, without notice,
actual or constructive, of the existence
of the lien given by statute, thai such
| lien cannot be enforced on the prem
| ises, for the reason that the words,
liens, mortgages or membranes" as
used in the statute does not include an
outright conveyance. Such a sale might
take place, 1t seems, after the compile
ton of the work and within the time
given by law for the perfection of the
| lien, but before the same has been
filed. In such a case the only remedy
which the mechanic would probably
Up ha Nv 10 NJ
| equity. The statute should be amended
SO as to cure this defect
Administration of Estates
The law governing administration of
estates should be simplified and the
| rights of widows and orphans better
protected. 1t should be made the i'm
perative duty of the probate judges
| to see that property exempt to widows
or minors which may be drawn into
such proceedings shall be set apart to
them In every case. The law now
seems to be that If the probate Judge
| fails to appoint appraisers of an es
| tate or to allot exemptions, or If a
| widow or the guardian ad Item of
minors fails to claim the exem ptions
| given by law and the property is sold
| In the course of administration, 1t may
be lost, and the widow or minor, as
the case may be. find themselves with
out even shelter.
In actual practice, where there are
only minor heirs of an estate, a guar
dian ad Item is appointed for them.
He is supposed to represent their ev-
| cry interest and to see that they re-
ceive their due. AS a matter of fact,
| he usually acts in a most perfunctory
way; does not even know or see the
minors or know what their real interest
! Is, and generally only files an answer
| In printed form and nothing more. In
| this way estates are dissipated and
| great wrong done the helpless.
1t would seem where exempt prop
| cry is disposed of in the course of ad-
ministration, the administrator would
be liable on his bond, but the courts
| following a line of decisions, hold that
| disposes of exempt property the bond
is not liable on the ground that ex-
empt property is not assets of the es-
tate. 1t is also held by the courts,
following another line of decisions,
| that an administrators bond cannot be
sued on until there Is a judgment
against the administrator All these
things go to show the loopholes and
imperfections in the law which can
and should be remedied. Every admin
istrator should be made liable on his
bond and held accountable in this way
| for all property which comes into his
hands under color of his office. The
duties of guardians ad litem should also
| be defined and made imperative. 1t is
| contrary to the general policy of the
| law and to the spirit of humanity and
| benevolence of the exemption laws es-
| pecially that widows or minors should
| be deprived of their just due on any
ground whatever.
Uniform Laws
| One of the greatest needs of Alabama
| today Is the enactment of general laws
| followed by the repeal of all local laws
which may conflict herewith We now
| have general laws, 1t is true, but we
| also have innumerable local laws which
conflict and govern. In Jefferson coun-
| ty we have a book of local laws If
| the general laws were made full and
complete, SO as to cover each subject
| treated, and these local laws repealed
| it can easily be seen the whole law
would be simplified and technicalities
| and the frequent miscarriages of JUS
] tice would be to a great extent avoided
Verdicts of Juries
| Under existing law juries only fix
| the punishment in capital cases and in
/ cases of misdemeanor. In all other
cases where verdict of guilty is rem
dered the punishment Is fixed by the
| court. The question arises, why should
! not a jury in every case where 1t tries
| the issue and renders verdict OF
! guilty, not fix the punishment also?
| In such a case the facts are all fresh
in the minds of the jury. and it would
seem to be a good Judge of the pun
| ishment which should be inflicted
| whereas, on the other hand, it may be
some days before the court fixes pun
ishment and in the rush of business and
| the trial of many cases the judge may
| forget the facts of the case. 1t would
seem right here that the delicate ball
| ances in the scales of justice might be
| a little better adjusted.
! 1t is also provided by law that where
trial by jury is had in case of