Page images
PDF
EPUB

H. B. NO. 66.

AN ACT
PROVIDING A GREAT SEAL FOR THE STATE OF IDAHO.

WHEREAS, in compliance with a concurrent resolution adopted by the

Legislature, a joint committee of both houses has devised and recommended a great seal for the State of Idaho, and submitted the

same to the Legislature for its approval, Therefore, Be it enacted by the Legislature of the Siate of Idaho:

SECTION 1. That the design drawn and executed by Miss Emma Edwards, of Boise City, and reported and recommended by the select joint committee to devise a great seal for the State with the Latin motto "Esto Perpetua," be adopted, and is hereby made the great seal of the State of Idaho. SEC. 2.

Whereas an emergency exists therefor this Act shall take effect and be in force from and after its passage.

Approved on the 7th day of February, 1899.

H. B. NO. 67.

AN ACT TO SECURE LIENS FOR MECHANICS, LABORERS, MATERIAL MEN AND OTHER PERSONS. Be it enacted by the Legislature of the State of Idaho:

CHAPTER I. Lien for Work on Buildings, etc., or for Materials Furnished, SECTION 1. Every person performing labor upon or furuishing materials to be used in the construction, alteration or repair of any mining claim, building, wharf, bridge, ditch, dike, fume, tunnel, fence, machinery, railroad, wagon road, acqueduct to create hydraulic power or any other structure, or who performs labor in any mine or mining claim, has a lien upon the same for the work or labor done or materials furnished, whether done or furnished at the instance of the owner of the building or other improvement or his agent; and every contractor, sub-contractor, architect, builder or any person having charge of any miuing or of the construction, alteration or repair either in whole or in part, of any building or other improvement, as aforesaid shall be held to be the agent of and owner for the purpose of this chapter: Provided, That the lessee or lessees of any mining claim shall not be considered as the agent or agents of the owner under the provisions of this chapter.

Lien on Municipal Buildings etc. SEC. 2. Every sub-contractor, laborer or other person, who performs labor or furnishes material for any original contractor or sub-contractor to be used in the construction, alteration or repair of any building, machinery or other structure, for any county, city, town or school district has a lien upon such building, machinery or structure, and all the provisions of this chapter respecting the securing and enforcing of mechanic's lien shall apply thereto, so far as applicable.

Lien on Lot for Grading, Filling, etc. SEC. 3. Any person who at the request of the owner of any lot in any incorporated city or town grades, fills in, or otherwise improves the same or the street in front of or adjoining the same, has a lien upon such lot for his work done or material furnished.

SEC. 4.

Sec. 5.

What Land or Interest is Subject to Lien.

The land upon which any building, improvement or structure is constructed, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof to be determined by the court on rendering judgment, is also subject to the lien, if, at the commencement of the work or of the furnishing of the material for the same, the land belonged to the person who caused said building, improvement or structure to be constructed, altered or repaired, but if such person owns less than a fee simple estate in such land, then only his interest therein is subject to such lien.

Mechanic's Liens are Preferred Claims to What Extent.

The liens provided for in this chapter are preferred to any lien, mortgage or other incumbrance, which may have attached subsequent to the time when the building, improvement or structure was commenced, work done, or materials were commenced to be furnished: also to any lien, mortgage, or other incumbrance, of which the lien holder had no notice, and was unrecorded at the time the building, improvement or structure was commenced, work done, or the materials were commenced to be furnished.

Claim of Lien When to be Filed and What to Contain. SEC. 6. Every original contractor claiming the benefit of this chapter must, within vinety days, and every other person must, within sixty days, after the completion of any building, improvement or structure, or after the completion of the alteration or repair thereof, or in case he cease to labor thereon before the completion thereof, theu after he so ceases to labor or after he has ceased to labor thereon for any cause, or after he has ceased to furnish materials therefor, or after the performance of any labor in a mine or mining claim, file for record with the county recorder for the county in which such property or some part thereof is situated a claim containing a statement of his demand, after deducting all just credits and offsets, with the name of the owner, or reputed owner, if known, and also the name of the person by whom he was employed or to whom he fur. nished the materials, and also a description of the property to be charged with the lien, sufficient for identification, which claim must be verified by the oath of the claimant, his agent or attorney to the effect that the affiant believes the same to be just. Claims Against Two or More BuildingsWhat to Designate, and Effect Of.

In every case in which one claim is filed against two or more buildings, mines, mining claims, or other improvements, owned by the same person, the person filing such claim must at the same time designate the amount due him on each of said buildings, mines, mining clairns, or other improvement, otherwise the lien of such claim is postponed to other liens. The lien of such claim does not extend beyond the amount designated as against other creditors having liens by judgment, mortgage, or otherwise, upon either of such buildings, or other improvements, or upon the land upon which the same are situated.

County Recorder to keep Lien Record. SEC. 8. The county recorder must record the claims mentioned in this chapter in a book kept by him for that purpose, which record must be indexed, as deeds and other conveyances are required by law to be in

SEC. 7.

SEC. 9.

dexed, and for which he may receive the same fees as are allowed by law for recording deeds or other instruments.

Length of Time that Lien Binds Property.

No lien provided for in this chapter binds any building, mining claim, improvement or structure for a longer period than six months after the claim has been filed, unless proceedings be commenced in a proper court within that time to enforce such lien; or, if a credit be given, then six months after the expiration of such credit; but no lieu shall continue in force under this chapter for a longer period than two years from the time the work is completed, or credit given, unless proceedings to enforce the same shall have been commenced.

Contractor May Recover What-Rights of Owner and Contractor. Sec. 10. The original or sub-contractor shall be entitled to recover upon the claim filed by him only such amount as inay be due to him according to the terms of his contract, after deducting all claims of other parties for work done and materials furnished to him as aforesaid, of which claim of lien shall have been filed as required by this Act, and in all cases where a claim shall be filed under this chapter for work done or materials furnished to any sub-contractor, he shall defend any action brought thereupon at his own expense; and during the pendency of such action, the person indebted to the contractor may withhold from such contractor the amount of money for which claim is filed; and in case of judgment upon the lien, the person indebted in the contract shall be entitled to deduct from any amount due or to become due by him to such contractor, the amount of such judgment and costs and if the amount of such judgment and costs shall exceed the amount due from him to such contractor, if the person indebted in the contract shall have settled with such contractor in full, he sliall be entitled to recover back from such contractor any amount so paid by him in excess of the contract price and for which such contractor was originally the party liable.

Fudgment to Declare Priority-Proceeds, How to be Applied. SEC. II. In every case in which different liens are asserted against any property, the court in the judgment must declare the rank of each lien or class of liens which shall be in the following order:

FIRST. All laborers, other than contractors or sub-contractors.
SECOND. All material men, other than contractors or sub-contractors.
THIRD. Sub-contractors.
FOURTH. The original contractor.

And in case the proceeds of sale under this chapter shall be insufficient to pay all lienholders under it;

FIRST. The lien of all laborers, other than the original contractor and sub-contractor, shall first be paid in full, or pro rata, if the proceeds be insufficient to pay them in full.

SECOND. The lien of material men, other than the original contractor or sub-contractor, shall be paid in full, or pro rata, if the proceeds be insufficient to pay them in full.

THIRD. And out of the remainder, if any, the sub-contractors shall be paid in full, or pro rata, if the remainder be insufficient to pay them in full, and the remainder if any, shall be paid to the original contractor; and each claimant shall be entitled to execution for any balance due him after such distribution; such execution to be issued by the clerk

SEC. 13.

SEC. 15.

of the court upon deinand, at the return of the sheriff or other officer making the sale, showing such balance due.

Claimants May Join in Action-Consolidation-Costs. SEC. 12. Any number of persons claiming liens against the same property may join in the same action, and when separate actions are commenced, the court may consolidate them. The court shall also allow as part of the costs the moneys paid for filing and recording the claim, and reasonable attorney's fees. Materials Furnished-Exemption of, From Attachment or Execution.

Whenever materials shall have been furnished for use, in the construction, alteration or repair of any buildings, or other improvement, such materials shall not be subject to attachment, execution or other legal process, to enforce any debt due by the purchaser of such materials, except a debt due for the purchase money thereof so long as in good faith the same are being applied to the construction, alteration, or repair of such building, mining claim, or other improvement.

Right of Action to Recover Debt Not Impaired. SEC, 14. Nothing contained in this chapter shall be construed to impair or effect the right of any person to whom any debt may be due for work done or materials furnished to maintain a personal action to recover such debt against the person liable therefor.

Liens May be Enforced by Civil Action and How.

Except as otherwise provided in this chapter, the provisions of the Code of Civil Procedure of the State of Idaho, relating to civil actions, new trials and appeals are applicable to, and constitute the rules of practice in the proceedings mentioned in this chapter; Provided, That the district courts of this State shall have jurisdiction of all actions brought under this chapter.

CHAPTER II. Lien Upon Saw-Logs, Spars, Piles, etc., for Services Rendered. SECTION 1. Every person performing labor upon, or who shall assist in obtaining or securing saw-logs, spars, piles, cord wood, or other timber, has a lien upon the same for the work or labor done upon or in obtaining or securing the same, whether such work or labor was done at the instance of the owner of the same or his agent. The cook shall be regarded as a person who assists in obtaining or securing the timber herein mentioned.

Lien Upon Saw-Logs Janufactured Into Lumber. SEC. 2. Every person performing labor upon or who shall assist in manufacturing saw-logs into lumber has a lien upon such lumber while the same remains at the mill where manufactured, whether such work or labor was done at the instance of the owner of such logs or his agents. Lien for Purchase Price Upon Logs, Spars, Piles, etc., Cut on One's Land.

SEC. 3. Any person who shall permit another to go upon his timber land and cut thereon, saw-logs, spars, piles, cordwood, or other timber has a lien upon such logs, spars, piles, cord wood and timber for the price agreed to be paid for such privilege or for the price such privilege would be reasonably worth in case there was noexpress agreement fixing the price.

Prefered LiensNot Divested by Sale or Transfer.

The liens provided for in this chapter are prior to any other liens, and 110 sale or transfer of any saw-logs, spars, piles, cord wood or

SEC. 4.

SEC. 5.

Sec. 7.

other timber or manufactured lumber shall divest the lien thereon as herein provided, and such lien shall follow such property into any county in this State into which the same may be removed: Provided, Notice of such lien shall have been filed in such county.

Time During Which Liener is Entitled to Lien.

The person rendering the service or doing the work or labor named in sections one (1) and two (2) of this chapter is only entitled to the liens as provided herein for services, work or labor, for the period of eight calendar months, next preceding the filing of the claim, as provided in section seven (7) of this chapter.

Time During Which One Granting Privilege is Entitled to Lien. SEC. 6. Tie person granting the privilege mentioned in section three (3) of this chapter is entitled to the lien as provided therein for saw-logs, spars, piles, cord wood and other timber cut during the eight months next preceding the filing of the claim, as provided in the next succeeding section of this chapter.

Verified Claim to be Filed-Form of-And to Show What.

Every person within sixty days after the close of the rendition of the services, or after the close of the work or labor mentioned in sections one and two of this chapter, claiming the benefit hereof, must file for record with the county recorder of the county in which such saw-logs, spars, piles, cord wood or other timber was cut, or in which such lumber was manufactured, or if removed to another county then in such county, a notice of claim containing a statement of his demand, and the amount thereof, after deducting as near as possible, all just credits and offsets, with the name of the person by whom he was einployed. The notice of claim shall state what such service, work or labor is reasonably worth; and it shall also contain a description of the property to be charged with the lien, sufficient for identification with reasonable certainty, which notice of claim must be verified by the oath of himself, his agent or attorney, to the effect that the affiant believes the same to be true, and such notice of claim shall be substantially in the following form:

claimant, vs. Notice is hereby given that

of

county, State of Idaho, claims a lien upon a.

of... being about..

in quantity, which were cut in. .county, State of Idaho, are marked thus. . and are now lying in

...for labor performed upon and assistance rendered in.

said. that the name of the owner or reputed owner is.

that ..emploved said... to perform such labor and render such assistance upon the following terms, to-wit: The said ...

...agreed to pay the said. ... for such labor and assistance

.; that said contract has been faithfully performed and fully complied with on the part of said. who performed labor upon and assisted in...

..said.. for the period of.

that said labor and assistance were so performed and rendered upon said .

between the

and the . day of

and the rendition of said services was closed on the

day of

day of

« PreviousContinue »