Year: 1859

Liens TO LabOrers In the Mines.


We have received a copy of the bill intro


duced in the lower house of the Legislature
by Mr.. Slingerland, of this county, for secur-
ing liens to laborers in the mines 1t pro-
vides that all persons performing labor in
placer, tunnel or quartz mines shall have a
lien on such mines and all tunnels and In .
provements therein or thereon, for the work
and labor tba: they may have done in or on
them. Every person wishing to make such
lien shall file in the office of the Recorder Of
the county, within sixty days after the work
is done, an account Of the demand due him,
verifying it with his oath or the oath Of
second party. and shall file also with the Re
eorder a description Of the property on
which the lien is to be made The account
required to be filed shall specify that it is the
intention Of the holder thereof to claim a
lien upon the mines sought to be charged
Herewith, and it shall be the duty of the
Recorder to file record Of such notice, and
account in separate book, provided for that
purpose, and from the time of such filing all
persons shall be deemed to have notice there
of. Suit must be brought within six months
after filing the notice above alluded to, in or
der to bind the property by the lien. If a
credit be given, then suit may be brought
within six months after the credit The
party having the lien and giving the credit
shall make an entry upon the margin of the
record where the lien is recorded, stating the
length of time the cred it is given, and shall
sign the same in the Recorders presence
No lien shall continue in force longer than
one year, by virtue of an agreement to give
credit. The remaining provisions are as fol
lows:


The said liens may enforced by suit, in court
of competent jurisdiction, setting forth in the
complaint the particulars Of such demand with a
description Of the premises sought to be charged
with said lien; and at the said time of filing the
complaint and issuing summons, the plaintiff
shall make publication, for at least twenty days.
IN some newspaper printed in the county, ifany
be printed therein, and if no newspaper be prin-
ted therein, then in some newspaper having gem
eral circulation in such county, notifying all per-
sons holding or claiming liens under the provis-
ions of this act, on said premises, to be and ap-
pear in said court on day specified therein, and
during regular term of such court, and to ex-
hibit then and there the proof of said liens On
day appointed, the court shall proceed to hear
and determine the said claims in summary way, |
or may refer the same TO referee or in the dis
erection of the court, to jury, to ascertain and re-
port upon said liens, and the amount Justly due |
thereon and all liens not exhibited and proved
shall be deemed to be waived in favor of those
which are so exhibited. On ascertaining the
whole amount of liens with which the said prem
ises are justly chargeable as herenbeiore provi-
ded, the court shall order said premises to be |
sold in satisfaction of said lens and the costs of
suit, in the same manner that other property is
sold under execution, and if the proceeds of such
sale shall not be sufficient to satisfy the whole of
such liens established as aforesaid, then the same
shall be apportioned according to the respective
rights of the several parties Pr0Didel, That no
sale of the premises shall be ordered to satisfy
the lien of the plaintiff until after the expiration
of the time required for the appearance Of other
claimants on liens upon the same premises.


The holder of such lien, filed as aforesaid on
payment thereof, shall enter satisfaction of the |
same of record, at the request of any one nteres-
ted in the property charged with the lien, within
ten days after such request, the payment of the
cost of such entry; and, on failing to enter such |
satisfaction, shall forfeit and pay tn the party
aggrieved, the sum of fifty dollars per day until |
such satisfaction shall be entered; to be rec1v-
ered IN the same manner as other debts are re- /
covered


The act is to take effect, if passed, after
the lst of July next The object is of course
to supply defect hitherto severely felt in
the legal protection due to the laboring
classes, and Mr.. Slingerland has done well |
in this matter for the great mining interest of
the country which he in part represents This
sort of protection has been somewhat slow
in coming. but it is better late than never
Liens were first given to artisans, builders,
mechanics lumber merchants and all other
persons performing labor or furnishing ma
terials for the construction or repairing of
any building wharf or other superstructures.
Afterwards, these liens were made to apply
to bridges, bitches, fumes, aqueducts &c
Still there was another large and important
class of persons equally entitled to the same
kind of protection, who were not provided
for. to-wit: the actual laborers in the mines,
and this bill of Mr. Slingerland covers their
case.


We sincerely trust that the bill may pass.
Indeed we can see no reasonable objection
to it whatever. and presume meme will be
made; at least not by the Representatives
from the mining counties.