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herit his estate, and are heirs, as hereinbefore provided, in like manner as if all the children had been legitimate; saving to the father and mother, respectively, their rights in the estates of all the children in like manner as if all had been legitimate. The issue of all marriages null in law, or dissolved by divorce, are legitimate.
If an illegitimate child, who has not been acknowledged or adopted by his father, dies intestate, without lawful issue, his estate goes to his mother, or in case of her decease, to her heirs at law.
LIENS OF MECHANICS AND OTHERS UPON REAL
Mechanics, material-men, artisans, architects, and laborers of every class, performing labor upon, or furnishing material to be used in the construction, alteration, or repair of any mining-claim, building, wharf, bridge, ditch, flume, aqueduct, tunnel, fence, machinery, railroad, wagon-road, or other structure, shall have a lien upon the property upon which they have bestowed labor, or furnished material, for the value of such labor done and material furnished. This lien shall not be affected by the fact that no money is due, or to become due, or any contract made by the owner with any party.
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, to be determined by the Court on rendering judgment, is also subject to the lien, if, at the commencement of the work, or of the furnishing of the materials for the same, 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.
Improvements are held to be constructed at the instance of the owner of the lands, unless he, within three days after he shall have received knowledge of the construction, alteration, or repair, or intended construction, alteration, or repair, give notice that he will not be responsible for the same, by posting a notice in writing on the premises, in a conspicuous place, to that effect.
Such 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, mort
1 gage or other incumbrance, of which the lien-holder 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.
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 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 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.
The lien does not bind 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 enfore 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 an agreement to give credit.
In every case in which different liens 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.
Any number of persons claiming liens may join in the same action, and when separate actions are commenced the Court may consolidate them. The Court may also allow as part of the costs, the moneys paid for filing and recording the lien, and reasonable attorney's fees in the Superior and Supreme Courts. Whenever materials shall have been furnished for use in the construction, alteration, or repair of any building or other improvement, such materials shall not be subject to attachment, execution, or other legal process, to enforce any debt due by the purchaser of such materials, except a debt due for the purchase money thereof, so long as in good faith the same are about to be applied to the construction, alteration, or repair of such building, mining claim, or other improvement.
In a judgment enforcing a mechanic's lien, a personal judgment cannot be rendered against those defendants against whom no personal claim is established.
LIENS FOR SALARIES AND
In all assignments of property, made by any person to trustees or assignees, on account of the inability of the person, at the time of the assignment, to pay his debts, or in proceedings in insolvency, the
wages of the miners, mechanics, salesmen, servants, clerks or laborers employed by such person, to the amount of one hundred dollars each, and for services rendered within sixty days previously, are preferred claims, and must be paid by such trustees or assignees before
other creditor or creditors of the assignor. In case of the death of any employer, the wages of each miner, mechanic, salesman, clerk, servant and laborer, for services rendered within the sixty days next preceding the death of the employer, not exceeding one hundred dollars, rank in priority next after the funeral expenses, expenses of the last sickness, the charges and expenses of administering upon the estate, and the allowance to the widow and infant children, and must be paid before other claims against the estate of the deceased person.
In cases of execution, attachments, and writs of a similar nature, issued against any person, except for claims for labor done, any miners, mechanics, salesmen, servants, clerks and laborers, who have claims against the defendant for labor done, may give notice of their claims and the amount thereof, sworn to by the person making the claim, to the creditor and the officer executing either of such writs, at any time before the actual sale of the property levied upon; and unless such claim is disputed by the debtor or a creditor, such officer must pay to such person, out of the proceeds of the sale, the amount each is entitled to receive for such services rendered within the sixty days next preceding the levy of the writ, not exceeding one hundred dollars. If any or all of the claims so presented, and claiming preference, are disputed by either the debtor or a creditor,
the person presenting the same must commence an action within ten days for the recovery thereof, and must prosecute his action with due diligence, or be forever barred from any claim of priority of payment thereof; and the officer shall retain possession of so much of the proceeds of the sale as may be necessary to satisfy such claim, until the determination of such action; and in case judgment be had for the claim, or any part thereof, carrying costs, the costs taxable therein shall likewise be a preferred claim, with the same rank as the original claim.
One who sells personal property, has a special lien thereon, dependent on possession, for its price, if in his possession, when the price becomes payable.
Every person who, while lawfully in possession of an article of personal property, renders any service to the owner thereof by labor or skill employed for the protection, improvement, safekeeping, or carriage thereof, has a special lien thereon, dependent on possession for the compensation, if any, which is due to him from the owner for such service; and livery or boarding or feed-stable proprietors, and persons pasturing horses and stock, have liens dependent on possession for their compensation in caring for, boarding, or pasturing such horses or stock.
Any person who makes, alters, or repairs any article of personal property, at the request of the owner or legal possessor of the property, has a lien on the same for his reasonable charges for work done and materials furnished, and may retain possession of the same until the charges are paid.
A factor has a general lien, dependent on possession, for all that is due to him as such, upon all articles at commercial value that are intrusted to him by the same principal.
A banker has a general lien, dependent on possession, upon all property in his hands belonging to a customer, for the balance due to him from such customer in the course of the business.
Hotel men, boarding house and lodging-house keepers, have a lien on baggage and other property of their guests, dependent on posession, for board, lodging, and room rent.
A person who labors at cutting, hauling, rafting, or driving logs