« PreviousContinue »
pose of avoiding any anticipated lien of a sub-contractor, journeyman or laborer shall be valid as against such sub-contractor, journeyman or laborer, but shall as against them be held and deemed as not having been made, and no sub-contractor, journeyman or laborer, who fraudulently files or claims a lien for more than is due him or them, shall enforce the same or any part thereof, as against other sub-contractors, journeyman or laborers. No attachment served upon any money due a contractor from the owner or owners of any building or superstructure, or other property upon which a lien has been claimed, by a sub-contractor, journeyman or laborer, shall be valid until such lien shall have been satisfied or adversely determined or barred by limitation.
Sec. 7. The land occupied by any building or superstructure, bained by railroad, tramway, toll road, canal, water ditch, flume, aqueduct etc., subject or reservoir, mine, lode or deposit, building lot or lots, and so
much land contiguous to any building or superstructure, railroad, tramway, toll road, canal, water ditch, flume, aqueduct or reservoir, building lot or lots, mine, lode or deposit, as may be necessary for the convenient use and occupation of the same, shall be subject to the liens herein before provided for, if at the time the work or labor was commenced or the first materials were furnished, such land was owned by, or was in the possession of, under a bona fide claim of title, the person or persons for whom, or at whose instance such work or labor was performed or materials were furnished; but if such person or persons hold less than a fee simple estate in such land, then only his or their interest therein shall be subject to such lien. And all liens herein provided for, shall be preferred to every other lien or incumbrance which shall attach upon any property made subject thereto, subsequent to the time when the work or labor was commenced, or the first of the materials were furnished, and also to all mortgages and other incumbrances unrecorded at the time such work or labor was commenced, or the first of the materials were furnished; but nothing herein contained shall be construed as impairing any valid incumbrance upon any such land duly made and recorded before such work or labor was commenced, or the first of such materials were furnished.
Sec. 8. No lien claimed as hereinbefore provided shall continue, or bind any building or superstructure, or other property made subject thereto by the provisions of this Act, for a longer period than six months from the time of filing the same, unless an action be commenced in some court of competent jurisdiction within that time to enforce the same, nor shall any such lien be continued for a longer period by any agreement to give credit thereon. Sec. 9. Said liens may be enforced by an action in any
court of competent jurisdiction, on setting out in the complaint the particulars of the demand, with a description of the premises sought to be charged with the lien; and at the time of filing the complaint and issuing the summons, the plaintiff shall cause a notice to be published, at least once a week for three consecutive weeks, in some newspaper published in the county, if there be one, and if not, then in such mode as the court may determine, notifying all persons holding or claiming liens under the provisions of this Act, on said premises, to be and appear in said court
Preference of lien,
may be sold.
ment of proceeds.
on a day specified therein, and during a regular term of such court, and to exhibit then and there the proof of their said liens. On the day appointed the court shall enter judgment according to the right of the parties, and shall by decree proceed to to proceed. hear and determine the said claims in a summary way, or may refer the same to a referee, to ascertain and report upon said liens, and the amount justly due thereon; and all liens not so exhibited when and proved, shall be deemed to be waived in favor of those which waived. are so exhibited. On ascertaining the whole amount of said liens with which the said premises are justly chargeable, as hereinbefore provided, the court shall cause said premises to be sold in satisfaction of said liens and costs of suit, and any party in whose favor such judgment may be rendered, may cause the premises to be sold within the time and in the manner provided for sales on execution, issued out of any district court for the sale of real estate, and if the proceeds of such sale, after the payment of costs, shall not be sufficient to satisfy the whole amount of such liens
Apportionincluded in the decree of sale, then such proceeds shall be apportioned according to the rights of the several parties. In case the proceeds of such sale amount to more than the sum of said liens and the cost of sale, then the remainder shall be paid over to the owner of said property; and each party whose claim is not satisfied in the manner hereinbefore provided, shall have personal judgment for the residue against the party legally liable for the same; provided, such party so liable has been personally summoned or has appeared in the action.
SEC. 10. Nothing herein contained shall be construed to take Right of away, or affect in any manner, any right of action which such contractor, sub-contractor, journeyman, or other person who shall have performed work or labor, or furnished materials for any such building or superstructure, or other property made subject to a lien as herein provided, would otherwise have against the person or persons for whom such work or labor was performed, or materials were furnished.
Sec. 11. The claimant of any such lien, filed as aforesaid, on Satisfaction the payment of the amount thereof, together with the cost of fil- to be ing and recording such lien, and the acknowledgment of satisfaction, shall, at the request of any person interested in the property charged therewith enter, or cause to be entered, an acknowledgment of satisfaction of the same, of record, within ten days after such request; and on failure to enter such satisfaction within that time, the claimant shall forfeit and pay to the person requesting the satisfaction, the sum of twenty dollars per day until the same shall be entered to be recovered in the same manner as other debts.
Sec. 12. All persons who shall perform work or labor upon Lien for any tract or tracts of lands, by cutting and cording the wood or timber growing or being thereon, pursuant to a contract therefor, wood, otc. with the person or persons owning such tract or tracts of land, or in possession of the same, under a bona fide claim of title thereto, shall have and may, each respectively, claim and hold a lien upon the wood or timber, so cut and corded, for the amount in value of the work or labor so performed, by retaining possession of the same until the whole amount due for such work or labor shall have been paid; provided, that any lien claimed and held as afore-Proviso.
action not aflected.
cutting and cording
said, shall be deemed to be waived, unless an action be brought in some court of competent jurisdiction, for the recovery of the amount for which such lien is claimed as security, within thirty days after such wood or timber shall have been taken in possession by the claimant; and the fact that such lien is claimed, shall be set out in the complaint, together with a description of, and the number of cords of wood or timber retained in possession
by the claimant. If the judgment be for the plaintiff in such Judgment, action, the execution shall direct the same, with costs, to be sat
isfied out of the wood or timber so retained, if the same shall be sufficient, if not, then the balance to be satisfied out of any other property of the defendant, in the manner provided by law. Justices of the Peace shall have jurisdiction of all actions under the provisions of this Act, when the amount claimed does not exceed three hundred dollars.
SEC. 13. All foundry-men and boiler-makers, and all persons foundry.
performing labor, or furnishing machinery or boilers, or castings, or other materials for the construction or repairing, or carrying on of any mill, manufactory, or hoisting works, shall have a lien on such mill, manufactory or hoisting works, for such work or labor done, or such machinery or boiler, or castings, or other material furnished by each respectively; and all the provisions of this Act respecting the mode of filing, recording, securing and enforcing the liens of contractors, sub-contractors, journeymen, laborers and others, and the word superstructure, wherever it occurs in this Act, shall be applicable to the provisions of this section of this Act.
Sec. 14. Two or more creditors of the same class may assign their claims duly verefied to any other creditor or person of the same class, assignee of such claims, may claim and hold his lien as provided in this Act.
SEC. 15. An Act of the Legislative Assembly of the Territory repealed.
of Nevada, entitled “ An Act for securing liens to mechanics and others,” approved November twenty-first, eighteen hundred and sixty one. Also an Act of the Legislature of the State of Nevada, entitled " An Act supplementary to an Act entitled 'An Act for securing liens to mechanics and others,' approved November 21, 1861;" approved February 6, 1867. Also, an Act supplementary to an Act entitled “ An Act for securing liens to mechanics and others, approved November 21st, 1861," approved February 12th, 1869, and all other Acts and parts of Acts, inconsistent with the provisions of this Act, are hereby repealed.
Creditors and assignee may hold lien.
CHAP. LIX.-An Act to admit to Probate a certain paper pur
porting to be the last Will and Testament of Henry Sticknoth.
[Approved March 4, 1871.] The People of the State of Nevada, represented in Senate and Assem
bly, do enact as follows:
SECTION 1. The paper purporting to be the last will and testa- Paper purment of Henry Sticknoth, deceased, is hereby declared to be as porting to legal and valid as though the signature of the testator to the legalized. same was attested by two subscribing witnesses; and the claimant, Siebo Muntinga, is hereby authorized to offer said paper for probate before the proper court, and the same shall be considered by the court as if the signature of the testator was attested as required by law.
Sec. 2. Nothing in this Act shall be construed as determining Issue of fact the issue of fact, whether said paper is the last will and testament moindeterof said deceased; but said issue shall be submitted to and be determined by the proper
court. Sec. 3. Nothing in this Act shall be so construed as to pre- Heirs not vent any heir or heirs of said deceased from contesting the validity
prohibited of the said paper, purporting to be the last will and testament of testing. said deceased, within the time allowed by law, should any
such contestant or contestants appear.
Sec. 4. No claim of Siebo Muntinga, or of any other person, Claims, etc., to the money or estate of said Henry Sticknoth, deceased, and no not barred. action for the recovery of the same, by any person, shall be held by any court to be barred by the statute of limitations or otherwise; provided, such claim shall be set up, or such action shall be proviso. commenced within twelve months from the date of the passage of this Act.
Sec. 5. All Acts and parts of Acts heretofore passed, so far Repeal. only as they conflict with the provisions of this Act, are hereby repealed..
CHAP. LX.--An Act to authorize the Payment of certain Claims
against Storey County.
[Approved March 4, 1871.)
The People of the State of Nevada, represented in Senate and Assem
bly, do enact as follows, viz :
SECTION 1. The Board of County Commissioners of Storey Payment for County is hereby authorized to allow and order paid out of the publication General Fund of said county, in the manner prescribed by law, quent tax such sum or sums of money as may be found due proprietors of lists. newspapers for the publication of the delinquent tax lists, in and for said county.
CHAP. LXI.-An Act to provide for the appointment of a Com
missioner to prosecute to final settlement all claims of the State of Nevada against the Government of the United States, and to provide for his compensation therefor.
[Approved March 4, 1871.] The People of the State of Nevada, represented in Senate and Assem
bly, do enact as follows:
Duties of Commissiouer.
SECTION 1. The Controller and Treasurer of State are hereby whom hade authorized and empowered to appoint some competent, prudent
and judicious person, a Commissioner, whose duty it shall be to prosecute before any officer or department of the General Government, all just and equitable claims which the State of Nevada may have against the Government of the United States, of whatever nature and character.
Sec. 2. Said Commissioner is authorized to receive from the be furnishSecretary, Treasurer or Controller of State, or any department of
the State government, all the evidence, documentary or otherwise, which said officers, or either of them, may be in possession of, or have under their control, together with all the original vouchers, or exhibits of any kind whatsoever existing, relative to said claims. And it shall be the duty of the State officers, before mentioned, to deliver to said Commissioner on demand in writing, all such evidence, documents, books, papers and vouchers, as are
by him referred to. Duty of Sec. 3. The said Commissioner shall within thirty days after
the receipt by him of the evidence, vouchers, books, papers and documents mentioned in the preceding section, proceed to the city of Washington, D. C., and exhibit to such officer or department of the General Government as may be authorized to examine and settle said claims, such vouchers or other evidence of said claims which he may become possessed of as aforesaid; also to present such other evidence, written or oral, which he may able to obtain, respecting said claims or any part thereof, and diligently and as speedily as possible, prosecute said claims and
procure the allowance thereof. Disposition
SEC. 4. All moneys which may be allowed to the State of
Nevada by the General Government, upon the settlement of said collected by
claims shall, upon payment of the same, be placed in the State treasury and apportioned to the General Fund. And the State
Treasurer is hereby authorized to receive and receipt for the same, to receipt
and to execute such further acquitances as the General Governfor moneys. ment may require. Compens&
SEC. 5. Whenever said claims or any portion thereof shall be settled, allowed and paid by the General Government to the State of Nevada, as hereinbefore specified, the Controller of State shall draw his warrant upon the State treasury, in favor of said Commissioner, for such sum as shall be equal to ten per cent. of the amount of said claims so settled, allowed and paid.
tion of Commissioner,