« AnteriorContinuar »
uwount, and to deduct the same from what may be due the con. cractor. (Incorporated cities are exempt from the operation of chis law.)
FLORIDA.—Any person furnishing labor or materials for con. structing, altering, or repairing a building, shall have a lion upon the same until the amount agreed upon by the parties is fully paid To enforce the claim, it is necessary to file in the Clerk's office of the Circuit Court of the county in which the property is situate and within six months after the work has been performed, or the materials furnished, a true account of what is due him after all credits, and verify it by his own oath, or that of some other per. son, and also record at the saine time a correct description of the property charged with such lien. The necessary land connected with the building shall also be subject to said lien. Laborers also have each a lien upon such building and land, to the agreed-upon amount of their respective demands.
All persons furnishing materials for constructing, or stores for provisioning, or performing labor or service of any kind upon any kind of vessel, shall have a lien therefor on the same; which lien shall take precedence of all others, provided suit is brought to enforce the same within twenty days from the time when such lien accrued.
ALABAMA.—Any person who shall furnish labor, materials, or stores for any vessel, by order of the master or captain of the same, shall bave a lien on such vessel for the same. To enforce this lien, the party must institute an action against the vessel for the amount of his claim, within thirty days from the time when the lien accrued.
Any person contracting to put up any building, shall have a lien upon such building, and on the land connected therewith, until the amount specified in the contract is fully paid. To enforce such lien, the contract, or an attested copy thereof, must be recorded in the office of the Clerk of the County Court, within thirty days after the completion of the building.
M18sissipPI.-Any person furnishing labor or materials for conBructing, altering, or repairing any building, on written contract, shall have a lien therofor upon the same. To enforce such lien, bo must have the contract, or a true copy thereof, recorded in the Clerk's office of the Court of Probates of the county. Where there is no written contract, and the claim is held for labor per. formed, or materials furnished by order of the contractor, then the party so laboring on such building, or furnishing materials for the same, shall, within thirty days after commencing such labor, or furnishing such materials, serve on the owner of the property a statement or bill of particulars of his claim. To enforce the lion
an action for the recovery of the claim must be instituted withis six months from the time the lien accrues.
LOUISIANA.-Any person laboring, furnishing labor, or supily. ing mierials for constructing, altering, or repairing any building, bas a lien therefor on the same. If the claim is over five hundred dolliers, and founded on a written contract, the latter, or an attested copy thercof, must be filed in the Clerk's office of the parish (county) where the property is situate, within thirty days after the date of such contract. If the claim be less than five hundred dollars, and is not founded on labor dono, or materials furnished, on a written contract, the lien is equally good, but only for six months, when it becomes lost unless the holder shall have previously commenced an action for the recovery of his claim. If, however, the order for the labor or materials is from the contractor, and he-the contractor-shall have been paid by the owner according to contract, then no action for the recovery of the debt can be instituted against the owner, who has already paid. But if the owner shall not have paid the contractor, then the mon9ys due the contractor may be seized for the benefit of the lien. holders.
Workmen on any vessel have a lien for all moneys due them for labor on the same, whether the order for such labor is in writing or not; but such lien is lost if they allow the vessel to leave port witho:t enforcing the lien by an action. All claims and con tracts for labor or materials furnished must, to enforce a lien, be Sled in the office of the Recorder of Mortgages.
ARKANSAS.—Any person laboring, or furnishing labor or matorials for constructing, altering, or repairing any building, to the amount of one hundred dollars, has a lien therefor upon the same. To legalize the lien, the lien-holder must file with the Clerk of the Circuit Court of the county where the property is situate, a correct, attested account of his claim, within three months after the labor performed and the materials furnished. Thc lien extends both to the building and the land connected therewith, provided such land does not exceed two acres. The lien will continue ip force only one year after the completion of the building, unless an action be instituted to enforce it.
TENNESSEE.—Any person laboring, or furnishing labor or matorials for constructing, altering, or repairing any building, or any machinist who may furnish or repair machinery, shall have a liep therefor upin the same, for the terın of one year after the per formance or furnishing of such labor or materials, and till the decision of any suit that may be instituted within that term, on account of such lien. To legalize such lien, however, a written uotico of the lien-holder's claim, duly verified, must first bo givea w tho owner of the property, or his legal representativo, at the time the work is begun, or the materials furnished.
Any person laboring on, or furnishing materials for constructing, altering, fitting, or repairing, or stores for provisioning, any ves bel, shall have a lien therefor on the same. But to legalize such lien, tbe lien-holder must institute an action for the amount of his claim within three months from the time when the services are rendered, the materials furnished, or the stores supplied.
KentucKY.—The lien enactments of this State, like those of Maryland, are varied and incomplete, and permanent only in cer. tain localities and countics. In the towns of Bowling-Green, Brandenburgh, Covington, Frankfort, Hickman, Lexington, Louisville, Maysville, Newport, Owensboro', Paducah, Russellville, and Smithland, and the counties of Calloway, Jefferson, and Marshall, any person laboring, or furnishing materials for construoting, altering, or repairing any building, has a lion therefor upon the same, and on the land necessarily connected therewith. To render the lien binding, however, he must file the particulars and amount of his claim, and also an intelligible description of the property, and its location, in the Clerk's office of the county where the same is situate, within six months from the time when such labor is performed or furnished, or such materials furnished. In Paducah, and some other of the above-named towns, the lien may be enforced by instituting a suit for the amount of the claim, any time within twelve months.
Ohio.- any person laboring on, or furnishing labor or materials for constructing, altering, or repairing any building, shall have a lien therefor on the same, and on the land necessarily connected therewith. To bind the lien, he, within four months from the
per: formance of such labor, or delivery of such materials, must deliver to the owner of the building an attested statement of the particulars of the claim remaining unpaid ; whereupon, if the account be that of a mechanic or laborer, the owner is authorized to pay the amount, and to deduct the same from what may be owing by him to the contractor. Should the owner fail or refuse to pay the account, or should the statement be that of a contractor or sub-contractor, the correctness of the claim, and the fact of the refusal or failure of the owner to pay it, must be sworn to before a magistrate, and the account and affidavits then filed in the office of the Recorder of the county, when the lien shall remain upon the said building and land for the term of two years from the commencement of such labor, or the furnishing of auch lab'ır or mate. rials. Any suit brought within suid two years will continuu said lion till the rendering of judgment.
All steamboats and other water crafts, of twenty tons burdep And upwards, navigating the waters within or bordering upon this State, shall be liable, and such liability shall be a lien thereon, for all debts contracted on account thereof, by the master, owner, steward, consignee or other agent, for materials, supplies, or labor in the building, repairing, furnishing or equipping the game, or for insurance, or due for wharfage, and also for damages arising out of any contract for the transportation of goods or persons, or for injuries done to persons or property by such craft, or for any damages or injury done by the captain, mate, or other officers thereof, or by any person under the order or sanction of either of them to any person who may be a passenger or hand on such steamboat or other water craft at the time of the infliction of such damage or injury.
Michigan.--Any person furnishing labor or materials for con structing, altering, or repairing any building, shall have a lien therefor on the same when such labor is done, or the materials furnished, under a written contract, signed by the owner or his agent, and the contract recorded in the Clerk's office of the county where the property is situate. The lien ceases at the expiration of six months, unless a suit shall previously be commenced to enforce it.
INDIANA.—Any person laboring, or furnishing labor of materials for constructing, altering, or repairing any building, shall have a lieu therefor upon the same. Any sub-contractor or laborer may notify the owner of the property of their claim, whereupon the owner shall become liable for the same, provided he, at the time of receiving such notice, shall be indebted to the contractor to that amount; if not, then to the amount to which he is indebted to the contractor. After the service of such notice upon the owner, and sixty days subsequent to the completion of the building, alteration, or repairs, or the furnishing of the supplies, the lien-holder must file a notice of his intention to claim the benefit of the lien on said property, together with a bill of particulars of the debt, in the Recorder's office of the county in which the property lies.
Any person laboring on, or furnishing labor or materials for constructing, altering, or repairing, or stores for provisioning, or wood or coal for fuel, for any vessel, shall have a lien therefor, on the same; and such lien shall take precedence of all subse. quent clains whatsoever, except mariners' wages.
ILLINOIS - - Any person laboring on, or furnishing labor or materials for constructing, repairing, or altering any building,
shall have a lien therefor on the same, and on the lot or tract of land on which the building shall stand. To bind such lien, a suit must be instituted within six months from the date when the last payment is due. Landlords have a lien also on all crops of a tenant, whether such crops be aiready grown, or in course of growth, for unpaid rent
Missouri.—Sec. 1. Every mechanic or other person who shall do or perform any work or labor upon, or furnish any materials, fixtures, engine, boiler or machinery for any building, erection or improvements upon land, or for repairing the same, under or by virtue of any contract with the owner or proprietor thereof, or his agent, trustee, contractor or sub-contractor, upon complying with the provisions of this chapter, shall have, for his work or labor done, or materials, fixtures, engine, boiler or machinery furnished, a lien upon such building, erection or improvements, and upon the land belonging to such owner or proprietor on wbich the same are situated, to the extent of one acre ; or, if such building, erection or improvement be upon any lot of land in any town, city or village, then such lien shall be upon such buil-ling, erection or improvements, and the lot or land upon which the same are situated, to secure the payment for such work or labor done, or materials, fixtures, engine, boiler or machinery furnished, as aforesaid.
Sec. 2. The entire land, to the extent aforesaid, upon which any such building, erection or other improvement is situated, including as well that part of said land which is not covered with such building, erection or other improvement, as that part thereof which is covered with the same, shall be subject to all biens created by this chapter, to the extent, and only to the extent of all the right, title anri intei est owned therein by the owner or proprietor of such building, erection or other improvement, for whose immediate use or benefit the labor was done or things were furnished.
Sec. 3. The lien for the things aforesaid, or work, shall attach to the buildings, erections or improvements for which they furaished or the work was done, in preference to any prior lien, or incumbrance, or mortgage, upon the land upon which such buildings, erections, improvements or machinery have been erected or put; and any person enforcing such lien may have such building, erection or improvement sold under execution and the purchaser may remove the same within a reasonable time thereafter.
Sec. 4. Every building or other mprovement erected, or maiz rials furnished, according to the provisions of this chapter, on leased lots or lands, shall be held for the debt contracted for ur vo account of the same, and also the leasehold term for such Ic: und land on which the same is erected; and, in case the lessee