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OF THE ENFORCEMENT OF LIENS.
CHAPTER I. LIENS IN GENERAL.
LIENS OF MECHANICS AND OTHERS UPON REAL
III. CERTAIN LIENS FOR SALARIES AND WAGES
LIENS IN GENERAL.
SECTION 1180. Definition of lien
Ø 1180. A lien is a charge imposed upon specific property, by which it is made security for the performance of an act.
LIENS OF MECHANICS AND OTHERS UPON REAL PROPERTY.
SECTION 1183. What laborers, contractors, etc., may have liens
1184. Liens for grading and filling lots and streets.
1185. What interest in the land subject to the lien.
1186. Effect of liens.
1187. Claim of lien to be filed in recorder's office
1188. Liens upon two or more pieces of property. Amount due from each to be designated.
1189. Claim to be recorded.
Fees of recorder.
1190. Time of continuance of lien.
1191. Service of summons by publication.
1192. Sub-contractors, who are and when paid out of pro-
1196. Actions for separate liens may be joined, when and
1197. Lien does not impair right to proceed for recovery of the debt.
1198. Rules of practice.
1199. New trials and appeals.
§ 1183. Every person performing labor upon, or furnishing materials to be used in the construction, alteration or repair of any mining claim, building, wharf, bridge, ditch, flume, tunnel, fence, machinery, railroad, wagon road, aqueduct to create hydraulic power, or any other structure, or who performs labor in any mining claim, has a lien upon the same for the work or labor done or materials furnished by each respectively, whether done or furnished at the instance of the owner of the building or other improvement, or his agent, but the aggregate amount of such liens must not exceed the amount which the owner would be otherwise liable to pay.
.C. C. P.-33
Stat. 1867-69, 599, $ 1, read: "Every mechanic, artisan, machinist, builder, contractor, lumber merchant, miner, laborer, or other person,' instead of "every person; "also inserted "of any kind," between terials" and "to be used:" also the words "either in whole or in part between "repair of " and "any mining claim;" also the words "for mining or other purposes' "between "hydraulic power" and "or any other;" also "or superstructure," between "structure" and "or who performs;" also substituted for the words in italics, the words "and every contractor, sub-contractor, architect, builder, or other person, having charge of any mining, 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 the owner for the purposes of this act.'
Construction of statute: 1 Cal. 183; 2 Cal. 91; 9 Cal. 122; 29 Cal. 283. Persons entitled: 21 Cal. 80; 36 Cal. 623; 40 Cal. 185.
Amount: 27 Cal. 591; 29 Cal. 283; 31 CA. 233.
§ 1184. 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 and materials furnished.
Stat. 1867-63, 589, § 9, added the words "in grading, filling in, or otherwise improving the same; and all the provisions of this act respecting the securing and enforcing of mechanics' liens shall apply thereto."
1185. 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, is also subject to the liens, if at the time the work was commenced or the materials for the same had commenced to be furnished, the land belonged to the person who caused said building, improvement or structure to be constructed, altered or repaired; but if such person owned less than a fee simple estate in such land, then only his interest therein is subject to such lien.
Stat. 1867-68, 589, § 2, added the words "and in case such interest is a leasehold interest, and the holder thereof has forfeited his right thereto, the purchaser of such building or improvement and leasehold term, or so much thereof as remains unexpired, at any sale under the provisions of this chapter, is held to be the assignee of such leasehold term, and as such is entitled to pay the lessor all arrears of rent or other money and costs due under the lease unless the lessor has regained possession of the land and property or obtained judgment for the possession thereof, prior to the commencement of the construction, alteration or repair of the building or other improvement thereon: in which event the purchaser has the right only to remove the building or other improvement within thirty days after he has purchased the same; and the owner of the land may receive the rent due him, payable out of the proceeds of the sale, according to the terms of the lease, down to the time of such removal."
23 Cal. 208.
The liens provided for in this chapter are preferred to any lien, mortgage or other encumbrance 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 encumbrance of which the lien holder had no notice, and which was unrecorded at the time the building, improvemen or structure was commenced, work done, or the materials were commenced to be furnished.
Stat. 1867-68, 589, § 3, inserted the words "upon any land or mining claim," between chapter" and "are preferred;" also between "attached" and "subsequent;" also added the words "and all liens created by this act upon any building or other improvement, shall be preferred to all prior liens, mortgages or other inc ambrances upon the land upon which said building or other improvement shall have been constructed, or situated, when altered or repaired; and in inforcing such lien, such building or other improvement may be sold separately from said land; and when so so'd, the purchaser may remove the same, within a reasonable time thereafter, not to exceed thirty days, upon the payment to the owner of the land of a reasonable rent for its use from the date of his purchase to the time of removal. Provided, that if such removal be prevented by legal proceedings, the thirty days shall not begin to run until the final determination of such proceedings in the court of first resort, or in the appellate court, if appeal be taken."
7 Cal. 576; 13 Cal. 56; 18 Cal. 370; 23 Cal. 233, 522; 39 Cal. 116.
§ 1187. Every original contractor, within sixty days after the completion of his contract, and every person, save the original contractor, claiming the benefit of this chapter, must, within thirty days after the completion of anỳ building, improvement or structure, or after the completion of the alteration or repair thereof, or the performance of any labor in a mining claim, file with the county recorder of 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 furnished the materials, with a statement of the terms; time given and conditions of his contract, 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 himself or of some other person. If his contract or any part thereof is in writing, a copy of such writing must be filed with and made part of his claim.
Stat. 1957-63. 539, § 5, substantially the same, omitting words in italics; also substituting for "every person" the same words substituted therefor in $1133 aaj nɔtɔ; alsɔ inserting "tras" before" statement."
29 Cal. 283.
Filing: 1 Cal. 183.
Items: 11 Cal. 42; 16 Cal. 142; 17 Cal. 128.
Payments and offsets: 29 Cal. 283; 39 Cal. 116.
Description: 2 Cal. 63; 23 Cal. 208.
Ø 1188. In every case in which one claim is filed against two or more buildings, mining claims or other improvements owned by the same person, the person filing such claim must, at the same time, designate the amount due to him on each of such buildings, mining claims or other improvements, otherwise the lien of such claim is postponed to other liens. The lien of such claimant 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.
Stat. 1867-69, 599, § 7, substantially the same, inserting "joint" between "such" and "claim;" also adding the words: "Provided, that no joint claim shall be filed upon two or more buildings, unless they are contiguous to or adjoining each other."
1189. The recorder must record the claim 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 indexed, and for which he may receive the same fees as are allowed by law for recording deeds and other instruments.
Stat. 1867-63, 589, § 6, same in substance.
§ 1190. No lien provided for in this chapter binds any building, mining claim, improvement or structure, for a longer period than ninety days after the same has been filed, unless proceedings be commenced in a proper court within that time to enforce the same; or, if a credit be given, then ninety days after the expiration of such credit; but no lien continues in force for a longer time than two years from the time the work is completed, by any agreement to give credit.
Stat. 1967-63, 539, § 8, read “unless suit be brought" instead of "uness proceedings be commenced."
Ø 1101. If service of summons be made by publication, the time of publication where the defendant resides out of or is absent from the state, or for any other cause cannot be