State of Kansas, Cowley County, ss. John Doe being by me first duly sworn, on oath deposes and says that he is the claimant in the foregoing statement for lien, and that the said statement and the account set out in the exhibit thereto attached are true. John Doe. Subscribed and sworn to before me this tenth day of July, 1899. My commission expires on the first day of January, 1900. Norton Porter, Notary Public. Form No. 13672.1 State of Louisiana, Be it known that John Doe, of the parish of Jackson, in the state of Louisiana, claims a lien and privilege upon a certain building situated on land owned by Richard Roe and hereinafter described, for labor performed and materials furnished by him in the erection and construction of said building. The land upon which said building is situated, and upon which said lien and privilege is claimed, is described as follows, to wit: (Here describe the premises). Said labor was performed and material furnished by said John Doe for and to William West, a contractor engaged in the erection of said building, under contract with the said Richard Roe, the owner thereof, and pursuant to a contract made by this claimant with the said William West as such contractor. A particular statement of the aforesaid labor performed and materials furnished by the said John Doe, the amount and kind of labor performed and of materials furnished, and the prices at which and times when the same were performed and furnished, is filed herewith and made a part of this claim. The amount for which this claim is filed will probably be due claimant at the expiration of the work. The said John Doe files his claim with the clerk of the Fourth Judicial District Court of the state of Louisiana, in and for the parish. of Jackson, pursuant to the provisions of No. 134 of the acts of Louisiana of 1880, and requests that the same may be recorded as provided by said act. Dated this tenth day of June, 1899. John Doe. Personally came and appeared before me, the undersigned authority, John Doe, who being by me first duly sworn, makes oath and says that he is the claimant in the foregoing claim for lien and privilege; that the account therein set forth is just, true and correct; that the materials therein specified have been furnished and the labor in said 1. Louisiana -Rev. Laws (1897), p. See, generally, supra, note I, p. 682; Laws (1880), No. 134, p. 183, § 1 et seq. 124. statement mentioned performed by him; that said materials were used in the construction of the building therein mentioned and situated on the land therein described; that the charges made for said labor and materials set forth in said statement are correct; that said claim specified in said statement, amounting to the sum of nine hundred and eighty dollars, is justly due and unpaid, and that nothing has been paid to said claimant or to any one for him thereon; that said claimant hereby claims a lien and privilege on said building, the land upon which the same is situated and all the appartenances thereto, under the provisions of the laws of Louisiana, relating to privileges, and desires that said claim be recorded and preserved. John Doe. Sworn to and subscribed before me this tenth day of June, 1899. Norton Porter, Notary Public. (SEAL) York,,ss. Form No. 13673.1 (Precedent in Ricker v. Joy, 72 Me. 107.) State of Maine. I, Albert H. Ricker, on oath depose and say that there is due me from Charles E. Joy, the sum of one hundred and nineteen dollars and forty cents ($119 40-100)3 for labor and materials furnished for and which entered into the dwelling-house of Simeon P. Huntress, situated on land owned by Simeon P. Huntress on the easterly side of Portland street near the "Corner," so called, in South Berwick village, and owned by said Huntress; that I claim a lien upon said land and dwelling-house to the extent of the debt aforesaid. Albert H. Ricker. Subscribed and sworn to this third day of January, 1879, before G. C. Yeaton, Justice of the Peace. me. Form No. 13674.5 (Precedent in Getchell v. Moran, 124 Mass. 404.)6 I, Leonard A. Getchell, of Boston, in the county of Suffolk and Commonwealth of Massachusetts, on oath do certify that I have performed and caused to be performed labor as a carpenter on a certain Place of Filing. · Claim must be filed in the office of the clerk of the town in which the property is situated. Me. Laws (1899), c. 84. 3. No inaccuracy in stating amount due for labor or materials invalidates the proceedings, unless it appears that the person making it wilfully claims more than his due. Me. Rev. Stat. (1883), c. 91, § 33. 4. No inaccuracy in statement relating to property, if the same can be reasonably recognized, invalidates the proceedings. Me. Rev. Stat. (1883), c. 91, § 33. 5. Massachusetts.-Stat. (1892), c. 191. See, generally, supra, note I, p. 124. 6. This statement was held sufficient over the objection that the initials only of the christian name of the owner were given, the court holding that it was an incomplete statement, but not an erroneous one; that it did not tend to house situated in the Charlestown District of said Boston, said house being a double wooden house and situated on a lot of land (describing it by metes and bounds), being the premises conveyed to John P. Moran by Sampson Warren, by deed dated May 9, 1874, and recorded with Suffolk Deeds, book 1211, page 181; that the said lot and building are owned, or believed by me to be owned, by John P. Moran, of Chelsea, in said county. And I further certify that I have and claim a lien upon said house and the appurtenances thereto belonging, and the lot of land on which said house stands, and the interest of the owner or owners thereof, to secure the amount due me for labor performed, with interest, and all costs and expenses of enforcing said lien. And I further certify that said labor was performed in pursuance of a contract made by me with one J. H. Staples, of said Chelsea, and that said Staples was duly authorized to make said contract by said J. P. Moran; and I further certify that my contract with said Staples was to labor and furnish labor by the day on said house, and to receive therefor a just and reasonable sum per day; and in accordance therewith I performed and caused to be performed labor amounting to $102, and there is due therefor the sum of $72. I further certify that I ceased to labor and cause labor to be performed on said house on the first day of August, A. D. 1874, and that the account hereto annexed is a just and true account, and that the credit therein given is the only credit.1 [Leonard A. Getchell. Sworn to before me this first day of September, A. D. 1874. Abraham Kent, Justice of the Peace. ]2 mislead as to the identity of the owner, though it might perhaps fail to give the fullest information, and if the respondent were the only Moran whose initials were J. P. the statement was complete. If he were not, the statement of name was sufficiently full to enable all persons interested in knowing the state of the title to the premises in question to ascertain on the record, by the aid of the usual index, what property the claimant intended to hold his claim against; that while it is desirable that the christian names of the parties should be given, and the habit of using initials only is not to be commended, yet such irregularity does not amount to a failure to state the name of the owner within the requirements of the statute. Place of Filing. - The statement shall be filed with the register of deeds for the district or county in which the property is situated. Mass. Stat. (1892), c. 191. 1. Account and Statement of Amount Generally. — A just and true account of the amount due after all just credits given must be stated. Mass. Stat. (1892), c. 191. Where the certificate fails to set out the contract price or the credits to be allowed for materials, and there is no intention to mislead, it is valid. Borden v. Mercer, 163 Mass. 7; Mass. Stat. (1892), c. 191. If contract is entire and includes both labor and materials at an entire price, the contract price, the number of days of labor performed or furnished and the value of the same shall also be stated. Mass. Stat. (1892), c. 191. French v. Hussey, 159 Mass. 206; Ellinwood v. Worcester, 154 Mass. 590; Hurley v. Lally, 151 Mass. 129; Gogin v. Walsh, 124 Mass. 516. Where claim arises for labor only, it is not necessary to specify the number of days of labor as a separate item. Patrick v. Smith, 120 Mass. 510. Where contract was not completed, a statement which claims a lien for the whole amount of the contract, alleging that the contract has not been fully performed, and not stating the proportion and the value of the labor which has been actually performed, is insufficient. Lewin v. Whittenton Mills, 13 Gray (Mass.) 100. 2. The matter supplied within [ ] will not be found in the reported case. Form No. 13675.1 John Doe of the city of St. Joseph, in the county of Buchanan, in the state of Missouri, this tenth day of June, 1899, files his account hereinafter set forth for materials furnished by him to William West, of said city of St. Joseph, under contract with said William West, as contractor for Richard Roe of said city of St. Joseph, to be used in the erection of that certain three-story frame building (or other improvement, as the case may be, describing the same) situated upon the following described premises, to wit: (describing premises), said premises and the building thereon erected (or the improvements thereon made) being the property of Richard Roe, said account being filed for the purpose of a lien upon said described premises and the aforesaid building erected thereon, and being as follows, to wit: (Here set out an itemized statement of account, giving dates when materials were furnished, the prices thereof, all credits, and balance due). John Doe, of lawful age, being duly sworn, on oath says that the foregoing is a just and true account of the demand due said John Doe for materials furnished by him to and for the building and improvements hereinbefore described, after all just credits have been given; that said materials were furnished to and for said building and improvements by affiant at the instance and request of and under a verbal contract with William West, contractor of Richard Roe, for the erection of said building and improvements; that the foregoing description is a true description of the property to and for which said materials were furnished, and to which this lien is intended to apply, or so near as to identify the same; that said demand accrued on the tenth day of March, 1899, and within four months prior to the filing of this lien; that on the twenty-ninth day of May, 1899, and more than ten days prior to the filing of this lien, affiant gave notice to said Richard Roe of his claim against the said William West, the amount thereof, from whom due and of his intention to file a lien therefor; that said Richard Roe was, as affiant is informed and believes, the owner of the above described premises and building and improvements thereon, at the time said contract was made and said materials furnished, and that said Richard Roe is now, as affiant is informed and believes, the owner of the above described premises and the aforesaid building and improvements thereon. John Doe. Subscribed and sworn to before me this tenth day of June, 1899. My commission will expire December 31st, 1899. (SEAL) Norton Porter, Notary Public. in the office of the clerk of the circuit court of the county where the property is situated. Mo. Rev. Stat. (1889), § 6709. Form No. 13676.1 State of Nebraska, ) SS. County of Colfax. S John Doe, being first duly sworn, on his oath says: That the account hereunto annexed, marked Exhibit A, is a full, true and correct itemized account of the labor performed and materials furnished by him to and for the said William West, in said county, and that the prices thereof set forth in said account are just and reasonable, and in accordance with the contract hereinafter mentioned, and that there remains due and unpaid thereon the sum of eight hundred and ninety-one ($891.00) dollars. That said labor was performed and said materials were furnished under and by virtue of a written contract between the said John Doe and said William West, a copy of which contract is hereto annexed, marked Exhibit B.2 That said labor was performed and said materials were furnished in good faith for the purpose of erecting and constructing a certain two-story frame dwelling standing on the land hereinafter described, and said William West was the contractor therefor with the said Richard Roe, the owner thereof, hereinafter mentioned.3 That the said Richard Roe was, at the time said contract was entered into and said labor was performed and said materials were furnished, the owner of said land hereinafter described, and that said building above mentioned is situated on the said land owned by the said Richard Roe, and which land is described as follows, to wit: Situate in the county of Colfax and state of Nebraska, and known as (Here describe the land). That the first of said labor was performed and materials were furnished on the tenth day of June, 1899, and the last on the first day of September, 1899.4 1. Nebraska. 3667 et seq. See, generally supra, note I, p. 124. It is sufficient compliance with the requirements of the statute that the papers signed, sworn to and filed, contain an account in writing, stating the character and kind of labor or the character and value of material. To require any further particularity or specification would require the doing of an unnecessary thing and work hardship and loss to claimants. Manly v. Downing, 15 Neb. 637. Comp. Stat. (1899), § labor has been done or materials fur Account and affidavit should be construed together, and if so construed they substantially comply with the statute they are sufficient. Drexel v. Richards, 50 Neb. 509; Wakefield v. Latey, 39 Neb. 285. Place of Filing. - Claim must be filed with the register of deeds of the county wherein the land is situated. Neb. Comp. Stat. (1899), § 3667. 2. Written Contract. nished upon a written contract, the same or a copy thereof shall be filed with the account of lien. Neb. Comp. Stat. (1899), § 3668. In Garlichs v. Donnelly, 42 Neb. 57, it was held that a written contract need not be attached to a lien filed by a subcontractor. 3. Owner of property need not be named. Garlichs v. Donnelly, 42 Neb. 57. 4. Time of Filing. When the lien is claimed by a journeyman or laborer, it must be filed within sixty days, when by a subcontractor, within four months, after the performance of the labor or furnishing of the material. Neb. Comp. Stat. (1899), §§ 3667, 3668. Where account shows time when material was furnished or labor performed, a statement of the time when such performance begun and ended is not required. Garlichs v. Donnelly, When any 42 Neb. 57. |
