Show THE i NEW LIEN LAW ProilslODi 01 inipntisie to Malian Ifs Litwtrs and Hatrlil ltu < 11A 11 AiSOTO III Pl AVIAN onnoit l Mfiiil of flreal nielli I anil Mm Inlrlcarlr Ulilrli I should be Under shod by Ih l tortillas Contractors and Ioildnera An act lo HCnte Vma I la mechanics and other ami Iti repeal ill oilier acts anIle s Uwi In relation themole an-Ile It enacted by the Governor and Legllthi Assembly the Territory Terri-tory 01 Utah SICTIOH i Mechanics material men conlrctonul contracii > ra builders and all person of sorry class perform r = = rnl ri Inc labor upon or furnishing materials lo be used in Hid construction alteration alte-ration addition lo I or repair either In whole or In part > of any building build-ing bridge ditch flume aqueduct tunnel fences railroad wagon reed l or other structure or Improvement upon land and alto 1 architect engineers and artisans who have furnished designs plats plane mane specification drawing draw-ing estimate o cot surveys or superintendence super-intendence or who have remitted other like professions service or bellowed Ibo In whole or In part In describing illustrating or superintending structure struc-ture or work done or lo be done or In any pelt connected therewith shall have a hen upon the property upon which they have rendered service or performed per-formed lobo nr urnMml materials for the value of such service rendered labor done or materials furnishes whether at the Irulance of the owner or of any other parodies acting by his authority or under him an agent contractor or otherwise lot the work or labor done or service rendered or material furnished fur-nished by each whether 1 respectively I done or furnished or rendered 11 the 1 Instance of the owner of the building or I other Improvement or his agent < < Pro vided K ran or llena shall attach only t a such interest ai Ihe owner or lewee may have III the real nlttr In tate of a contract for Hie work between an owner I and a contractor the lien shall extend to Olio entire contract price and such contract shall operate m ft lien In favor of all persons except Ilia contractor the client of the whole contract price and alter all aiichliena eta Minified I then M a lien fur any balance of the contract price In favor of the contractor Provided Hut llr at the time of the commencement com-mencement do work or furnish mate flat the owner hai paid upon the contract con-tract and In accordance wlih I the letters thereof any portion of the contract price the Hem I hereby created dull estend only to the unpaid balance of much contract price and of which luch laborers and material men shall have had notice No part of the contract Crlce hall by the emit I ol any contrail be made payable nor doll the same or any part thereof 1 be paid In advance I of the commencement of Ihe work for the purpose of evading or defeating the provisions ol thit section No raiment nude prior to tire time when the sane It due under Ile letau and conditions of the contract lull IK valid for the putpuae ol defeating diminishing or discharging any Urn I In favor of any per 11 n pl II o I A rh L I n 10 sct pat ll t d 1 melt 1 ar II na I n t I II t Ie I Oil h 1uI n Ih tt lth I O artr t0 wtiel I I may tl ereoler hIDIII h I h or become indclitid toy I r I I I n to-y amount for damage r I rt I tt nn perlrmtn If h I I ct 1 Ive ihrwt a b I all I Irn xrpr that o I he cuIII tar I whole rmltrI peace shall love I oti Im nonrf raeTpt a4 herein provide I in I hall not it nmnhed by any prior or < iihic < Uenl ndchtidnrs nil et or tounti claim in favor f the uwnrr and egant the con actor except when file owner has contracted lo pay 1 otherwie th m hv l cash In which cam the owner ih ill posh In i n conspicuous place on the pone a statement of the terms and condition oho I contract before materials are fur hlul or labor la I perform d which non a must be kept posted and when at pu itrd hall give notice to t all parties lot Meduf ihe terms and conditions of I Ihe attract Any person wilfully earing down or detain I I said notice hall brgudiyol r a miulenuamir No allegations nl any lonirmt lull affect r any Hen I acquired I r under t time provision I of f this act In ease of cur orafbns the lion shall attach to all oI franchises and Peter lases that may In any manner per gain lo the property again I which theIr the-Ir en Is I cl aimed When any person entitled en-titled to a lien under the provision of this section other than Ihe original contractor shall have actually commenced com-menced to perform labor upon or to 101 furnish materials 1 for any hung improvement I Im-provement or structure herein men Ike the properly shall I be charged hl the lien rir this act provided and 110 payment made lo the original contractor con-tractor shall In anywise defeat or Impair he claim for such Hem I Sec l 1 he lien granted by this act hall extend to and cover en much of be land whereon such building alruc ure or Improvement ahull be mad us may be neceary for the convenient UH and occupation uf such building structure ure or Improvement and the same hall be subject lo such liens and In 1asr any such building shall Ixs occupy two or more lots I or other subdivision of and such lola or other subdivision ahall be deemed one lot for the putpoMa of this act road the same rule hall hold In i c aiea of any other ouch Improvements hat shall he l practically indivisible and ftl I hall attach to all machinery and other fixtures wed In connection with any such lane huddinn or structures Nu attachment i gamlahment or levy under an execution upon any money due to ai original contractor from the owner of any properly aublcct to lien under this act slosh lie valid u against I any lleti at a i subcontractor or material man and no such attachment garnlahment or levy upon money due to a subcontractor tractor nr material man ni herein provided from the contractor shall be valid ai against any lien fir a laborer employed hy the day or piece Sec j The provUkma of this act hall apply to all ieraona who shall do work or furnlah materials for the work log preservation or development any mine lode mining < < claim or deposit yielding I l metals or i Intervals of any kind or fur the working I preairvalion or eelnpnienl of any inch mine lode or lepoall In March of uch metals or minerals anti to all persons wimp shall do work or furnish materials upon any haft tunnel Incline atilt drill drain or other excavation of any such mine lode Tdepoilt Provided that when Iwo or note until lades 1 or uepoaiU owned or lalmcd by the same person or pernona ir where the owners tare different per Kim the tame with Ills content of all lull be worked through a common lull tunnel Incline mill itrlll or other excavation then all the mines lodes or deposits I I to worked hall for the purpose pur-pose of this act be deemed one mine IJsli li llill Provided further flat this section dull not be deemed 1 to apply to the owner or ot flora of any mine lode deposit haft unnel Incline mil drift or other excavation ex-cavation when theaame shall beworkei by a loiee 1 under bond or otherwise bill In Hull cane the person entitled to A lien under this act shall have a lien on he leasehold interest and on the ores and ndneral bearing rock or dirt mined Alms excavated by the lessee I Sec 4 Whoever alull do work or Novitiate lIIateI by contract upe or mplled with the owner aa In this act provided shall t Iw deemed an ors11inal contractor end all 1 other persons doing oak or furnlthliiK material shall be deemed subcontractors Sec 5 The tens provided for herein are prelerred to any lien mortgage or other Incumbrance which may have at died subsequent lo the time w hen UK building Improvement or structure way commenced work done or material used commenced lobe furnished also to any lien mortgage or other euciimli ranee ol which the lien holder had no notice and which wa unrecorded al the time the building improvements or ttiucture Ads commenced oik done or the materials were commenced to be furbished The liens herein provided shall relate back to and lake elect I at of tile lime of commencement to do work upon and furnish inateilalt on lhegrouu < lor the structure or Improvement and shall l lave priority over any lien or encumbrance en-cumbrance iiili eiuently Intrrxcnlnu I except a lien herein provided for ol the ot cr tame clan or which may have been created prior thereto which was not then recorded I and of which the Ilenor under this act did have actual notice within Sec sixty 6 Every days after original the completion contractor i o1 his contract and every penon tae the original contractor claiming the benefit of this act mUll within forty da > a after UrnWiuir Ihe hurt nuurlal or perform his the last labor for any II building Im prominent or structure or for any Iteration or addition tour repair I thereof or r perlornunce vf ant labor In or rnlthine I any inalerml for any milling fr claim Ate for record with tile County Recorder ol the county In which UK property or sumo pan thereof taailua t ltd a ino venting containing a llf lo1r notice of Intention to hold and claim t lien and a aiatemcnt ol tits demand alter deducting all just iredlu and oft Mil wllli Ihe name of the owner If I known aim Apo the name of she penal by whom he wa employed or tu whom he lurulahed the material with a Hate nt fit of the term time giviii and con ditiont of hm I contract ipecifyiug the lime when the first and fast 1 labor was performed or the nut and heat l materials furnlthed i and iliu a description I of the property charged with the lien anfliden for for Identlhc dour which claim mutt be verified by the oath of hlmteU or 01 tome other person lien against two or more bullhum I mining claim or other r Improvement owned by the tame per aim or pt > r onb may be included In one claim but in ouch cue the person tiling I the claim mtiM deep I hale therein the I I amount comforted to fie due I him 01 each of such buildings mining claim or other Iniprovemenlt Any sub oil tractor before commencing lo furtml nmlcruli or 10 iierlurm rook or at Itty tone thrialtri mil I in tin i inp IlloI I on let mat III tllclII tiC ii I lairn I with HIP KIonhr I II 11 r Its I on I d I o tiiinn I nnl f t r H ni I liD hold md I lairs a Ii i n a C inptiui ul l Ihe prop try to Ill halr J I and the probable vain of the work to be done or the probable value of the naterlfth to fig furnished a near a < may be Prom the lime much statement hall have ben filed he shall have alien a-lien for the work thereafter done or materials foresighted hv him not exceed I 102 the turn stated ai the probable value thereof and In the Men ol such mill contractor cUlmlnic to I ho done work or furnished malnnK before the tiling of suet lUtement he may include therein there-in a statement of the relate < of r the work already clone or iruirriil furnished aa nu aa may be for w i a i to the extent ol the sums mentioned his lien hall likewise attach Sec 7 The recorder must record the = dl cMmalna book kept by ui him for that nirpoM and Iran the time ol the filing lrfillr hereof for record all i perton shell be deemed to have naive Sec 8 The Ileru herein provided for may be enforced by A action In any court of competent jurisdiction at anytime any-time within twelve month alter the completion notl 1 the original j lh contract or the uipemlloa ol the work thereunder for a period of thirty dale or telling out in i the complaint the particulars of the demand with a deictlptlon ol the premises to be charged with the lien and at the time ol hung Ihe complains and Issuing law summons the plaintiff hall cause n notice to In published at least once n week for three successive week In one newspaper of general I circulation cir-culation published rnl the judicial J district null fy Ing all persona holding I or claimIng rr nn drol1o I Ing Irons under the provisional of this ail on said premises lo be and appear before said court on IOn day spec tied therein and daring n regular term thereof and to exhibit then and there he proof of Bid lien On the day appointed all person claiming Hen fbt against the premises hall appear before s dd court and exhibit the tame whereupon where-upon the court hall proceed 1 to hear acid determine the claims In a luminary ray or may rotor the same to a referee 1a rno to ascertain and report thereon and shall enter judgment according lo Ihe rights of tin parties and all liens I not so exhibited I shall be deemed II lo be waived r against the formerly In Jal ease in which different hem are claimed agntntl the same property the rank of each hen or clam ol III I met as between the contractor and ml rom factor shill be declared and Ordered lo be satliAed 1 Itl the decree In the following eider vii First I Sub contractor who were la I bores or mechanic working by the day or niece but without furiiuhlni material tneretor Second All other subcontractors and all I material men Third The original contractors And the proceed of the sale In all actions for me satisfaction of Hen against < the same improvement or structures shall lie paid In I the order above designated rvI oo r11 Hills pro rain lo the persons diluting in each class where Ihe sum realised Is 1 In I iuin lent to uy the i > er ont of one class in full Sec 9 The court shall came the prurty to he sold In sallibillon of the Hen and COM ai In the corer of foreclosure fore-closure of mortgages subject to the right of redemption of the owner and credilon as provided by kw and If the proceeds ol sale after the fat anent of costs shall not be sufficient tu satisfy the whole amount of liens Included In the decree then said proceeds shall be apportioned according to the rights ol the icteril patties and to the several classes in the order as hereinbefore specified In die of any excess of proceeds pro-ceeds of sale the remainder ahnli I dId be d-Id over to the owner and saver per I fi r nod whose claim I is not satisfied as herein provided may nave judgment docketed lor the balance unpaid and execution therefor figments toe party personally liable At between the owner and the contractor the court shallapporuon the costs according to the light of the cane but Cfnd ir in I stancra subcontractors ball hove Iholr costs including the costs preparing and recording statement ol claim awarded lu them for ouch claimant hlbltlnl a lien See 10 Whenever materisl has been furnished for use In the construction alteration or repair uf any building work or other Improvement mentioned I In flaw first section of the act such material hall not be subject lo attachment attach-ment execution or other legal < < process tu enforce any debt due by the purchaser i such fteh chaser ul such material oilier than a debt due lor the puidiuf money thereof there-of so long m In good Will I llio saute are about to be applied I tu the construction I alteration or repair of such building Inipioveniint SolUlng contained here in shall be con i rued lo Impair or effect the right of any person to whom a debt may beduelor uuik done or material furnished numum A personal action to recover the some Sec n I All liens under tills < hall be assignable as other Christie lit action and the iiiiignee may command and prosecute actions thereon in Ins nun name in the manner herein provided Sec 11 I All laundrymen mid boiler hla ell 11I1 I all persons performing labs I or lurnUliing machinery or boiler or i > imgi or other material lor the IOIIMIUI nun or riptiliinj or calling on any null nisnuf ictory hoisting work stall hiae1 i lien on such mill 11ItU factory 01 twitting world for such work or labor dune on such nuchlnvry or boiler or 14 tings or other material furnished hy tmcli respectively And III all the protiMoits of the act respecting I the niult of tiling recording securing and eiifuriini the liens ol contractors and others 1 and the word superstructure I whiriAirlioiiurs In tills act shall Lo W applicable 10 lie provisions I or this section sec-tion bu ij The I claimant of any Hen tiled onpunidid I hereon on payment ol the iimoiiiil tier fit together with the costs Incurr1 1 ml the tow 1 for cancellation shall at UK request ol any person in trr In don tin prupttty I charged therewith I there-with inter or cause vM lien tu bean I be-an I led 1 within I ten day from the re quo I 1 and upon failure to so cancel said I hu ithln tile time aforesaid shall our trot t iil pay I ui the nertoti inakins > lw ml M the sum of fact iwr dal until tin mine shall be canceled to be recovered > re-covered In file same manner us other o1t tire Sn 14 Any person who shall know ittly i I i m cd to be filed for rrr td a I I Aim for earn Cm1 any proprny w Ii 1 sever w rib h sn ill contain a i if r linund 11 an tno urn thai n 1 u n m I n Ith the Unit to cloud the I title or to > I e act from the owner or person liable by meant of such excessive claim of ipn mon than Ii Auf him or to pro else any advinuge or benefit whatever rlr be dtemeJ guilty of = misdemeanor misde-meanor Sic ij The provision ol Ihe act shall not apply to any public structure I or Improvement l 16 An act entitled An act to secure liens to mechanics and others and rrpeai all other acla and law lu relation thereto approved March u rlv > Ii hereby repealed Provided n7rrloc = Thai i the repeal of said act shall I not affect roy right or remedy nor abate any suit or action or proceeding exist l r 11u orJ3i ftar lag Instituted or pending under ties law hereby repeated This act shall lake effect upon III ap proval Approved March ft 104 The foregoing law has been bInned mh limed in pamphlet form by Morriwn Merrill ft Co 941 north Third I West CO1 street who will lurnbth a copy free lo anyone who will apply |