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LIEN LAW

L. 1909, Ch. 38. “An Act in relation to liens, constituting

chapter thirty-three of the Consolidated Laws."

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(In effect February 17, 1909.)

CHAPTER 33 OF THE CONSOLIDATED LAWS

(Formerly L. 1897, Ch. 418, being chapter 49 of the General Laws.]

Article 1. Short title; definitions (S$ 1, 2).

2. Mechanics' liens (SS 3-25).
3. Enforcement of liens on real property (S$ 40–61).
4. Liens on vessels and enforcement thereof (SS 80–107).
5. Liens on monuments, gravestones and cemetery struc

tures (88 120-124).
6. Liens for labor on stone (S$ 140-142).
7. Liens for service of stallions (S$ 160–163).
8. Other liens on personal property (S$ 180–185)
9. Enforcement of liens on personal property (SS 200-

210).
10. Chattel mortgages (SS 230–238).
11. Laws repealed; when to take effect (SS 250, 251).

ARTICLE 1

Short Title; Definitions Section 1. Short title.

2. Definitions, § 1. Short title. This chapter shall be known as the " Lien Law.”

Formerly L. 1897, ch. 418, § 1. § 2. Definitions. Lienor. The term "lienor," when used in this chapter, means any person having a lien upon property by virtue of its provisions, and includes his successor in interest.

Explanation.- For location and disposition of former sections of the Lien Law see L. 1897, Ch. 418, in “ Consolidated Schedule of Repeals,” Vol. 7.

$ 2

Short Title; Definitions.

Art. 1

Real property. The term “real property,” when used in this chapter, includes real estate, lands, tenements and hereditaments, corporeal and incorporeal, fixtures, and all bridges and trestle work, and structures connected therewith, erected for the use of railroads, and all oil or gas wells and structures and fixtures connected therewith, and any lease of oil lands or other right to operate for the production of oil or gas upon such lands, and the right of franchise granted by a municipal corporation for the use of the streets or public places thereof, and all structures placed thereon for the use of such right or franchise.

Owner. The term “ owner," when used in this chapter includes the owner in fee of real property, or of a less estate therein, a lessee for a term of years, a vendee in possession under a contract for the purchase of such real property, and all persons having any right, title or interest in such real property, which may be sold under an execution in pursuance of the provisions of statutes relating to the enforcement of liens of judgment, and all persons having any right or franchise granted by a municipal corporation to use the streets and public places thereof, and any right, title or interest in and to such franchise. The purchaser of real property at a statutory or judicial sale shall be deemed the owner thereof, from the time of such sale. If the purchaser at such sale fails to complete the purchase, pursuant to the terms of the sale, all liens created by his consent after such sale shall be a lien on any deposit made by him and not on the real property sold.

Improvement. The term “ improvement,” when used in this chapter, includes the erection, alteration or repair of any structure upon, connected with, or beneath the surface of, any real property and any work done upon such property, or materials furnished for its permanent improvement.

Public improvement. The term “public improvement,” when used in this chapter, means an improvement upon any real property belonging to the state or a municipal corporation.

Contractor. The term “contractor," when used in this chapter, means a person who enters into a contract with the owner of real property for the improvement thereof.

Sub-contractor. The term "sub-contractor," when used in this chapter, means a person who enters into a contract for the improvement of such real property with a contractor, or with a person who has contracted with or through such contractor, for the performance of his contract or any part thereof.

Laborer. The term “laborer," when used in this chapter, means any person who performs labor or services upon such improvement.

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Material man. The term “material man," when used in this chapter, means any person, other than a contractor, who furnishes material for such improvement.

Formerly L. 1897, ch. 418, $ 2.

ARTICLE 2

Mechanics' Liens
Section 3. Mechanic's lien on real property.

1. Extent of lien.
6. Liens under contracts for public improvements.
6. Liens for labor on railroads.
7. Liability of owner for advance payments, collusive

mortgages and incumbrances.
8. Terms of contract may be demanded.
9. Contents of notice of lien.
10. Filing of notice.
11. Service of copy of notice.
12. Notice of lien on account of public improvements
13. Priority of liens.
14. Assignment of lien.
15. Assignments of contracts and orders to be filed.
16. Assignment of contracts and orders for public im-

provement to be filed. 17. Duration of lien. 18. Duration of lien under contract for a public im

provement. 19. Discharge of lien generally. 20. Discharge of lien by payment of money into court. 21. Discharge of lien for public improvement. 22. Building loan contract. 23. Construction of article. 24. Enforcement of mechanic's lien.

25. Priority of liens for public improvements 8 3. Mechanic's lien on real property. A contractor, sub-contractor, laborer or material man, who performs labor or furnishes materials for the improvement of real property with the consent or at the request of the owner thereof, or of his agent, contractor or sub-contractor, shall have a lien for the principal and interest of the value, or the agreed price, of such labor or materials upon the real property improved or to be improved and upon such improvement, from the time of filing a notice of such lien as prescribed in this article.

Formerly L 1897, ch. 418, $ 3.

$$ 4-6

Mechanics' Liens.

Art. 2

§ 4. Extent of lien. Such lien shall extend to the owner's right, title or interest in the real property and improvements, existing at the time of filing the notice of lien. If an owner assigns his interest in such real property by a general assignment for the benefit of creditors, within thirty days prior to such filing, the lien shall extend to the interest thus assigned. If any part of the real property subjected to such lien be removed by the owner or by any other person, at any time before the discharge thereof, such removal shall not affect the rights of the lienor, either in respect to the remaining real property, or the part so removed. If labor is performed for, or materials furnished to, a contractor or sub-contractor for an improvement, the lien shal} not be for a sum greater than the sum earned and unpaid on the contract at the time of filing the notice of lien, and any sum subsequently earned thereon. In no case shall the owner be liable to pay by reason of all liens created pursuant to this article a sum greater than the value or agreed price of the labor and materials remaining unpaid, at the time of filing notices of such liens, except as hereinafter provided.

Formerly L. 1897, ch. 418, § 4. § 5. Liens under contracts for public improvements. A person performing labor for or furnishing materials to a contractor, his sub-contractor or legal representative, for the construction of a public improvement pursuant to a contract by such contractor with the state or a municipal corporation, shall have a lien for the principal and interest of the value or agreed price of such labor or materials upon the moneys of the state or of such corporation applicable to the construction of such improvement, to the extent of the amount due or to become due on such contract, upon filing a notice of lien as prescribed in this article.

Formerly L. 1897, ch. 418, § 5, as am'd by L. 1902, ch. 37, 8 1. 8 6. Liens for labor on railroads. Any person who shall hereafter perform any labor for a railroad corporation shall have a lien for the value of such labor upon the railroad track, rollingstock and appurtenances of such railroad corporation and upon the land upon which such railroad track and appurtenances are situated, by filing a notice of such lien in the office of the clerk of any county wherein any part of such railroad is situated, to the extent of the right, title and interest of such corporation in such property, existing at the time of such filing. The provisions of this article relating to the contents, filing and entry of a notice of a mechanic's lien, and the priority and duration thereof, shall apply to such liens. A copy of the notice of such lien shall be personally served upon such corporation within ten days after the

Art. 2

Mechanics' Liens.

$$ 7,8

filing thereof in the manner prescribed by the code of civil procedure for the service of summons in actions in justices' courts against domestic railroad corporations.

Formerly L. 1897, ch. 418, § 6. $ 7. Liability of owner for advance payments, collusive mortgages and incumbrances. Any payment by the owner to a contractor upon a contract for the improvement of real property, made prior to the time when, by the terms of the contract, such payment becomes due, for the purpose of avoiding the provisions of this article, shall be of no effect as against the lien of a sub-contractor, laborer or material man under such contract, created before such payment actually becomes due. A mortgage, lien or incumbrance made by an owner of real property, for the purpose of avoiding the provisions of this article, with the knowledge or privity of the person in whose favor the mortgage, lien or incumbrance is created, shall be void and of no effect as against a claim on account of the improvement of such real property, existing at the time of the creation of such mortgage, lien or incumbrance.

Formerly L. 1897, ch. 418, $ 7.

§ 8. Terms of contract may be demanded. A statement of the terms of a contract pursuant to which an improve ment of real property is being made, and of the amount due or to become due thereon, shall be furnished upon demand, by the owner, or his duly authorized agent, to a sub-contractor, laborer or material man performing labor for or furnishing materials to a contractor, his agent or sub-contractor, under such contract. If, upon such demand the owner refuses or neglects to furnish such statement or falsely states the terms of such contract or the amount due or to become due thereon, and a sub-contractor, laborer or material man has not been paid the amount of his claim against a contractor or sub-contractor, under such contract, and a judg. ment has been obtained and execution issued against such contractor or sub-contractor and returned wholly or partly unsatisfied, the owner shall be liable for the loss sustained by reason of such refusal, neglect or false statement, and the lien of such sub-contractor, laborer or material man, filed as prescribed in this article, against the real property improved for the labor performed or materials furnished after such demand, shall exist to the same extent and be enforced in the same manner as if such labor and materials had been directly performed for and furnished to such owner.

Formerly L. 1897, ch. 418, § 8.

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