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TITLE IV.

CHAPTER I.

Enforcement of Liens.

Lien defined.

What laborers, contractors, etc. may have liens

upon.

Notice by sub

and lien for an amount due contractor.

DEFINITION OF LIENS.

SEC. 1056. 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.

SEC. 1057. 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.

SEC. 1058. Any sub-contractor, material man, contractor, etc., laborer, or other person performing labor or furnishing materials for a contractor who is entitled to a lien under the provisions of the last section, may, at any time within five days after commencing to perform the labor or furnish the materials serve upon the owner or his agent, or the person employing the contractor, written notice of the amount due him for such labor or materials, and such sub-contractor, material man, laborer, or other person may have a

lien for such amount. And any person furnishing materials, or performing labor for a contractor, may, by like notice to the contractor, be subrogated to the rights of such sub-contractor.

Liens for grad

and streets.

SEC. 1059. Any person, who at the request of the owner of any lot in any incorporated city or town, grades, ing, filling lots 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.

the land subject to the lien.

SEC. 1060. The land upon which any building, im- What interest in provement 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.

SEC. 1061. The liens provided for in this Chapter Effect of liens. 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 lienholder had no notice and which was unrecorded at the time the building, improvement or structure was commenced, work done, or the materials were commenced to be furnished.

SEC. 1062. Every original contractor, within sixty Claim cf lien to days after the completion of his contract, and every person, be filed in resave the original contractor, claiming the benefit of this corder's office. Chapter, must within thirty days after the completion of any 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 for record 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 material, 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

Liens upon two

of property.

Amount due

designated.

claim must be verified by the oath of himself or some other person.

SEC. 1063. In every case in which one claim is filed or more pieces 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 from each to be 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.

Claim to be recorded.

SEC. 1064. 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 Fees of recorder law to be indexed, and for which he may receive the same fees as are allowed by law for recording deeds and other instruments.

Time of continuance of lien.

Sub-contractors,

paid out of

SEC. 1065. No lien provided for in this Chapter binds any building, mining claim, improvement or struc ture 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 work is completed, by any agreement to give credit.

SEC. 1066. All persons entitled to liens on the strucwhere and when ture or improvement, except those who contracted with the proceeds of sale. Owner thereof, are sub-contractors, and the court in the judgment must direct the amount due sub-contractors to be paid out of the proceeds of sales, before any part of such proceeds are paid to the contractor.

Measure of re

covery by

tection of owner's rights.

SEC. 1067. The contractor shall be entitled to recover upon a lien filed by him, only such amount as may contractor, pro be due to him according to the terms of his contract, after deducting all claims of other parties for work done and materials furnished, as aforesaid; and in all cases where a lien shall be filed, under this Chapter, for work done or materials furnished to any contractor, he shall defend any action brought thereupon at his own expense; and during the pendency of such action, the owner may withhold from the contractor the amount of money for which the lien is filed; and in case of judgment against the owner or his property, upon the lien, the said owner shall be entitled to

deduct from any amount due, or to become due by him to the contractor, the amount of such judgment and costs.

rank of liens.

SEC. 1068. In every case in which different liens Court to declare 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, viz: First-All persons other than the original contractors and sub-contractors; Second-The sub-contractors; Third-The original contractors. And the proceeds of the sale of the property must be applied to each lien, or class of liens, in the order of its rank, and whenever, on the sale of the property subject to the lien, there is a deficiency of proceeds, judgment may be docketed for the deficiency in like manner and with like effect as in actions for the foreclosure of mortgages.

Separate actions may be consolidated.

SEC. 1069. Any number of persons claiming liens may join or intervene in the same actions, and when separate actions are commenced, the court may consolidate them. The court may also allow, as part of the costs, the Costs. moneys paid for filing and recording the lien.

personal action.

SEC. 1070. Nothing contained in this Chapter shall Lien not to im be construed to impair or affect the right of any person to pair tight 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.

ceedings under

SEC. 1071. Except as otherwise provided in this Provisions apChapter, the provisions of this Code relating to civil ac- plicable to protions, new trials and appeals, are applicable to, and consti- this Chapter. tute the rules of practice in the proceedings mentioned in this Chapter.

TITLE V.

OF CONTEMPT.

omissions are

SEC. 1076. The following acts or omissions, in What acts or respect to a court of justice or proceedings therein, are contempt. contempts of authority of the court:

Re-entry on property after

eviction, when a contempt.

1. Disorderly, contemptuous or insolent behavior toward the judge while holding the court, tending to interrupt the due course of a trial or other judicial proceeding; 2. Breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the due course of a trial or other judicial proceeding;

3. Misbehavior in office, or other willful neglect or violation of duty by an attorney, counsel, clerk, marshal, sheriff, coroner, or other person appointed or elected to perform a judicial or ministerial service;

4. Deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding; 5. Disobedience of any lawful judgment, order or process of the court;

6. Assuming to be an officer, attorney, counsel of a court and acting as such without authority;

7. Rescuing any person or property in the custody of an officer by virtue of an order or process of such court;

8. Unlawfully detaining a witness or party to an action while going to, remaining at, or returning from the court where the action is on the calendar for trial;

9. Any other unlawful interference with the process or proceedings of a court;

10. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness;

11. When summoned as a juror in a court, neglecting to attend or serve as such, or improperly conversing with a party to an action to be tried at such court, or with any other person in relation to the merits of such action, or receiving a communication from a party or other person in respect to it, without immediately disclosing the same to the court;

12. Disobedience, by an inferior tribunal, magistrate, or officer, of the lawful judgment, order or process of a superior court, or proceeding in an action or special proceeding contrary to law, after such action or special proceeding is removed from the jurisdiction of such inferior tribunal, magistrate or officer. Disobedience of the lawful orders or process of a judicial officer is also a contempt of the authority of such officer.

SEC. 1077. Every person dispossessed or ejected from or out of any real property, by the judgment or process of any court of competent jurisdiction, and who, not having a right so to do, re-enters into or upon, or takes possession of any such real property, or induces or procures any person not having a right so to do, or aids or

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