« AnteriorContinuar »
For the purposes of this act, any person o- persons who may have sold or disposed of his or their lands upon an executory contract of purchase contingent upon the erection of buildings thereon shall be deemed the owner and his vendee the contractor, and said owner shall in all respects be subject to the provisions of this act.
This act shall take effect on the first day of July, eighteen hundred and sixty-three.
In the counties of Kings and Queens. Any person who shall perform any labor or furnish materials in building, altering or repairing any house, building or other improvement upon lands or appurtenances to such house or building, by virtue of any contract with the owner thereof, or his agent, or with any contractor or sub-contractor, or any person permitted by the owner of such lands to build, repair, alter, or improve as aforesaid, within the counties of Kings or Queens, shall have a lien therefor to the value of the sum agreeo to upon the same, to the extent of the right, title, and interest at that time existing, of such owner; provided that within three months after the performance of such labor, or the furnishing of such materials, the contractor, sub-contractor, laborer, person furnishing materials, or other claimant, shall serve a notice in writing upon the county clerk of the county or counties aforesaid, in which the land and premises, or any portion thereof, may be situated, specifying the amount of the claim and the person against whom the claim is made, the name of the owner of the building, and the situation of the building by its street and number, if the number be known. The said county clerk shall enter the particulars of such notice in a book to be kept in his office, to be called “the lien docket.” A fee of ten cents shall be paid to the county clerk on filing such lien. A copy of said notice shall be served on said owner by delivering the same personally, when possible, or if he be out of this State by delivering the same to his agent personally; and after such service such owner shall not be protected in any payments made by him to such contractor or other claimant in this sectior. specified.
Every lien created under this at shall continue until the expiration of one year from the creation thereof, and until judgment rendered in any proceedings for the enforcement thereof.
Any claimant, under or by virtue of any such lien or any such notice, may, after such labor has been performed or materials furnished, and after the filing of such notice, enforce or bring w a close such lien, by a civil action in a court of record in the city o: county in which such lands or any portion of them may be situated, at a certain date within thirty days of the service of such notice, and submit to a settlement in such court of tho amount claimed to be due.
When the action or proceedings are commenced by a person having a claim against a contractor, with the owner, or agains a sub-contractor with the contractor or other sub-contractor, such contractor or sub-contractor may be made a defendant with such owner, and judgment may be rendered against the contractor or sub-contractor for the amount which shall be found owing by him, in addition to the judgment herein before provided for against such owner, and the court may award costs against buch of the parties as shall be just.
The lien laws passed in eighteen hundred and tifty-three and eighteen hundred and fifty-eight are now repealed.
New Jersey.--Any person furnishing labor or materials for constructing, altering or repairing any building, has a lien therefor upon the same. To render this lien valid, such person must draw up specifications of the work contracted to be performed or materials to be furnished, and stating the price or prices agreed to be paid therefor, and file them, or, if there be a writ. ten contract, a true copy thereof, in the office of the County Clerk, and serve a notice thereof personally on such owner or his agent within fifteen days after making such contract, or after furnishing such labor or materials. The lien takes effect from the time of filing such specification and the service of the notice, and remains in force for two months after the completion of the building; previous to the expiration of which term the lienholder must commence legal proceedings against the owner of the priperty to enforce payment of the claim. The lien holds the building and the lot on which the same may stand.
All fixtures for manufacturing purposes, shall be construed to include any building, erection or construction of whatever descripticn attached or annexed, or intended to be attached or annexed to any land or tenement, and designed to be used in the building or repairing of vessels, whether the same be per. manently attached to the freehold, or so built as to be removed from place to place, and only temporarily attached to the land, and whether the same be intended and designed for use on land or water.
When a contractor refuses to pay any workman employed by him to perform labor on such building, or on the grounds con: nected therewith, such workman may give a written notice of euch refusal to the owner of the property, together with a stata. ment of the amount due and demanded; on receipt of which gotice the owner is authorized to pay the amount to the work man, and to retain the same out of the sum due the contractor. When a number of workmer thus present their claims to the owner, the aggregate of such claims must not exceed the amount of the contract. In case the owner should refuse to pay their claims, then the building may be sold for the same; but if the building should not sell for a sum sufficient to pay such claims, then the same shall be averaged, and each creditor be paid a sum proportional to his demand. Action preparatory to the sale must be instituted within one year from the time the work is done or the materials furnished.
PENNSYLVANIA.—Any person furnishing labor or materials for constructing, altering or repairing any building, has a lien therefor on the same, and also on the land for the purposes of the building. This lien takes precedence of all that may subsequently attach. To enforce it, a statement of the claim and of the agreement on which it is founded must be filed in the office of the Prothonotary (Clerk) of the Court of Common Pleas, in the county where the property is situate. If this statement be not so filed, the lien will continue only six months. If it be filed, the lien will remain in force five years from the date of such filing, when it may be renewed by giving the owner notice of the lien-holder's intention to make an application to that effect.
All ships, steamboats or vessels navigating the rivers Alleghany, Monongahela or Ohio, in this State, shall be liable aná subject to a lien in the following cases :
First. For all the wages due to hands or persons employed on board such ships, steam or other boats or vessels, for work done, or for services rendered on board or for the same.
Second. For all debts contracted for materials furnished, or work or labor done.
Third. For all bills, bonds, notes, or any other obligation of indebtedness, whether the same be signed and given on account of work or labor done, or materials furnished in the building, repairing, fittting, furnishing, equipping or insuring, or for sums due for wharfage or anchorage, such ships, steam or other boats or vessels as hereinbefore specified or enumerated : Provided, Ihat the lien of the same shall continue in favor and to the benefit of all and every party or parties whomsoever, into whose hands the same may have passed by transfer, assignment or otherwise.
No more than three months' wages can be recovered in any suit upon a lien in the first class above specified, and the suit must he commenced within sixty days after three months' wuges shall have become due.
All suits upon liens in any other than the first class above enumerated, must be commenced within two years after the said materials are furnished, or work or labor done. DELAWARE.
- Any person furoishing labor or materials for con: structing, altering or repairing any building, has a lien thereon to the agreed-upon anjount of his claim. This lien takes procedence of all subsequent attachments. To enforce it, the lien-holder must notify the owner thereof of the sum claimed by him to be due, and also of his intention to claim the benefit of such lien. The owner is authorized, on proof of the correctness of the ciaim, to pay the amount, and to deduct the same from what is due by him w the contractor.
MARYLAND.-Any person furnishing labor or materials for constructing, altering or repairing a building has a lien therefor upon the same, and also takes the land necessarily connected therewith. This lien' takes precedence of all others that may subsequently attach. It may be enforced by serving, or causing to be served on the owner of the property or his legal representative, within thirty days after the performance of such labor or furnishing such materials, a specification of the work done or the materials furnished, and stating the price or prices agreed to be paid therefor, together with a notice of his intention to claim the benefit of such lien. If a copy of this statement be filed in the Clerk's office of the county, the lien takes effect from the time of such filing, and remains in force the term of six months, when it expires, unless legal action is previously instituted to secure the collection of the debt.
(2 This law applies only to Baltimore and a few other counties. Lien laws have been enacted for the other counties, but they are changed so frequently, that to insert any or all of them would be useless, and most probably prove a source of loss to those who should place any reliance upon them in case of actions.]
VIRGINIA.— Any person furnishing labor or materials for the con. struction of a building has a lien therefor, beth on building and the land connected therewith. This lien is lost at the expiration of six months, if the lien-holder fails to commence an action for the amount of the claim previous to the end of such term. If the rocessary action be commenced, and the lien be established, tho court is authorized to order a sale of the owner's interest in the bouse and land to satisfy the cleim of the contractor.
North C:ROLINA.—Any person constructing, altering or repair. ing any building under a written contract, signed in the presence of two attesting witnesses, shall, upon filing such contract id a wurt of record, have a legal lien upon such building for the toru of three years after the term of such filing. But such lien will not impair or take precedence of any prior lien, nor remain in force longer than the time specified, unless process shall be pre viously taken to enforce payment of the debt.
South CAROLINA.—Any person constructing, altering, repairing or furnishing materials for any building, shall have a lien therefor on the same. But an agreement, specifying the particulars of the work to be done or the materials to be furnished, and a general description of the premises, and signed by the parties to the contract and the owner of the property, in the presence of one or more attesting witnesses, must be tiled in the office of the Register of mesne conveyances for the district in which the property is situate. The lien is in force for the term of three years from the filing of such statement.
GEORGIA.-All persons furnishing wood, provisions, labor or materials for the construction of vessels of any kind, shall have lien therefor on the same, if thoy institute legal proceedings for the collection of their claims any time within twelve months after their claims are due
Any person constructing, altering, or repairing any building, shall have a hen therefor on the same, if he, any time within three months of the completion of the building, shall file a bill of particulars of his claim in the Clerk's office of the county where the property is situate. To enforce his lien, he must institute a suit against the owner of the property for the amount of his claim, within twelve months from the time the debt is due.
Any machinist who may furnish or put up, in any county in this State, any steam mill or other machinery, or who may repair the same, shall be entitled to the same lien on such machinery and the premises, to which the same may be attached, and may enforce such lien in the same manner, and with like benefits, privileges and restrictions, as is extended to masons and carpenters.
Texas. Any person furnishing labor or materials for constructing, altering, or repairing of any building, shall have a lien therefor, of the nature of a mortgage, on the same, and also on the land on which the building shall stand, until the amount due for such services or materials shall be fully paid. The contract for such labor or materials, or a true copy thereof, must be recorded in tho Clerk's office of the county where tho property is situate, within thirty days after such contract is made.
Any person performing labor on such building, or the gryunds nocossarily connected therewith, for a delinquent contractor may prosent an attested statement of the value of such labor to the owner of the property, who is authorized by statute to pay the