journeyman, laborer, or other person performing labor or furnishing materials, until the validity thereof shall have been established by proper legal proceedings, if the same be contested; and if so established, the amount thereof shall be a valid offset to that extent in favor of the owner against the contractor. And after such notice shall have been properly served upon such owner or owners, in case of failure to comply with the provisions of this section, then such sub-contractors shall have power to sue and recover from such owner or owners whatever amount he may have lost by such failure. No attachment served on the funds in the hands of the owner of Certain liens such building or superstructure, for claims other than expressed Sub-contractors may sue and recover. to be first satisfied. Land on which building is erected subject to lien. Preferred liens. notice to be in this act, shall lie against the liens created by this act, nor shall such owner be held or legally bound to answer such attachment until all claims under the contract, or liens created by this act, shall first be satisfied. SEC. 4. The land upon which any building or superstruc ture shall be erected, together with a convenient space around the same, or so much as may be necessary for the convenient use and occupation of the premises, shall also be subject to the liens created by this act, if, at the time the labor was commenced, or the first of the materials were furnished, the land belonged to the person who caused the said building or superstructure to be erected; but if such person owned less than a fee simple estate in said land, then only his interest therein shall be subject to such lien, and the liens created by this act shall be preferred to every other lien or incumbrance which shall have attached upon said property subsequent to the time at which the work was commenced, or the first of the materials were furnished, and also to all mortgages and other incumbrances unrecorded at the time such work was commenced, or the first of such materials were furnished; but nothing herein contained shall be construed as impairing any valid incumbrance upon the said land, duly made and recorded before such work was commenced, or the first of such materials were furnished. SEC. 5. The account required to be filed by the second Account and section of this act, shall specify that it is the intention of the recorded. holder thereof to claim a lien upon the premises sought to be charged therewith, and it shall be the duty of the County Clerk to file and record such notice and account in a separate book provided for the purpose, and from the time of such filing, all persons shall be deemed to have notice thereof. Limitation. SEC. 6. No such lien shall bind any building or superstructure for a longer period than six months after filing the same, unless suit be brought in a proper court within that time to enforce the same, or, if a credit be given, then within six months. after the expiration of the credit; but no lien shall be continued. in force for a longer time than two years from the time the work is completed, or the materials furnished, by any agreement to give credit. How SEC. 7. Said liens may be enforced by suit in any court of, competent jurisdiction, on setting forth in the complaint the enforced. particulars of such demand, with a description of the premises sought to be charged with said lien; and at the time of filing the complaint and issuing 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 shall direct, notifying all persons holding or claiming liens under the provisions of this act, on said premises, to be and appear in said court on a day specified therein, and during the regular term of such court, and to exhibit, then and there, the proof of said liens. On the appointed day the court shall proceed to hear and determine the said claim in a summary way, or may Court, how refer the same to a referee, to ascertain and report upon said to proceed. liens, and the amount justly due thereon; and all liens not so exhibited and proved, shall be deemed to be waived in favor waived. of those which are so exhibited. On ascertaining the whole amount of said liens with which the said premises are justly Premises chargeable, as herein before provided, the court shall cause said may be sold. 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 at law; and if the proceeds of such sale shall not be sufficient to satisfy the whole Apportion't of such liens, established as aforesaid, then the same shall be apportioned according to the rights of the several parties. When of proceeds. action not SEC. 8. Nothing herein coutained shall be construed to take away, or affect in any manner, any action which any such Right of contractor, laborer, sub-contractor, or other person performing affected. labor or furnishing materials for such building or superstructure, would otherwise have against his employer. Satisfaction SEC. 9. The holder of such lien, filed as aforesaid, on payment thereof, shall enter satisfaction of the same on record, at be the request of any one interested in the property charged with entered. the lien, within ten days after such request, on the payment of the costs of such entry; and on failure to enter such satisfaction, he shall forfeit and pay the party aggrieved the sum of Penalty. fifty dollars per day until such satisfaction shall be entered, to be recovered in the same manner as other debts are recovered. SEC. 10. When any person or persons shall make an express contract in writing with the owner or owners of any lot Lien for or lots in any city or town, or with the person or persons who were, at the time of such contract, in the actual possession of such lot or lots, by himself or themselves, or tenant or tenants, under bona fide claim or ownership, to grade, fill in, build upon, or otherwise improve the same, or the street in front of and adjoining the same, and shall go on and complete the said improvemt's. Liens timber. grading, filling in, or improving of said lot or street adjoining the same, it shall be considered as an improvement upon said lot or lots, and he or they shall have a lien upon such lot or lots for the amount contracted to be paid; and all the provi sions of this act, respecting the mode of recording, securing and enforcing mechanics' liens, shall apply thereto. SEC. 11. When any person or persons shall make an exfor cutting press contract in writing with the owner or owners of any tract and cording or tracts of land, or with the person or persons who were, at the time of such contract, in the actual and bona fide possession of such tract or tracts of land, by himself or themselves, or tenant or tenants, to cut and cord the timber growing or being thereon, or any portion thereof, or for the purchase of said timber, or any part thereof, to be paid for when the same. shall be cut and corded, and shall go on and complete such contract, he or they shall have a lien on such wood so cut and corded for the amount contracted to be paid, and may hold, take and retain possession of said wood until such contract price shall be paid; and if not paid within the space of one month after the contract shall be completed, or work done, or purchase made, as aforesaid, then all the provisions of this act respecting the mode of surveying (securing) and enforcing mechanics' liens, shall apply thereto. Liens for mining. SEC. 12. When any person or persons shall make an express contract in writing with any organized or incorporated mining company, or with the owner or owners of any lode or lodes of gold or silver bearing quartz, or of any other metal of value, or with the person or persons who were, at the time of such contract, in the actual possession of such lode or lodes, by himself or themselves, under bona fide claim of ownership, to cut, excavate and run a tunnel from any given point into and through said lode or lodes, or sink a shaft thereon to the depth of fifty feet or more, and shall go on and complete such contract, he or they shall have a lien upon said lode or lodes, together with the tunnel thereto cut and run, or the shaft thereto sunk, for the amount contracted to be paid; and all the provisions of this act, respecting the mode of recording, securing and enforcing mechanics' liens, shall apply thereto. Claim audited. CHAP. XVII. An Act to audit the Claim of Henry [Approved November 21, 1861.] Be it enacted, by the Governor and Legislative Assembly of the SECTION 1. That the claim of Henry DeGroot, amounting to thirteen hundred and sixty-seven dollars ($1,367), for ser vices rendered as Census Marshal of the Territory of Nevada, be, and the same is, hereby audited and allowed, as a just claim against the Government of the United States. SEC. 2. And it is hereby ordered that the same be paid ordered paid out of any money appropriated by Congress which by law may be applied to the payment of the same. SEC. 3. This act to take effect from and after its passage. CHAP. XVIII.—An Act for the Better Observance of the Lord's Day. [Approved November 21, 1861.] Be it enacted, by the Governor and Legislative Assembly of the closed. SECTION 1. No person shall keep open any play-house or theater, race-ground, cock-pit, or play at any game of chance Places to be for gain, or engage in any noisy amusement, on the first day of the week, commonly called Lord's Day. business SEC. 2. No judicial business shall be transacted by any certain court, except deliberations of a jury who have received a case judicial on a week day, so called, and who may receive further instruc- tolerated. tions from the court, at their request, or deliver their verdict; nor any civil process be served by any certifying or attesting officer, nor any record made by any legally appointed or elected officer, upon the first day of the week, commonly called the Lord's Day; provided, that criminal process may issue for the apprehension of any person charged with crime, and criminal examination to be proceeded with. SEC. 3. Any person, or persons, violating the provisions Penalty for of the two preceding sections of this act, shall be punished, on violation. conviction thereof, by a fine of not less than thirty dollars, nor more than two hundred and fifty dollars, for each offense. SEC. 4. Justices of the Peace may have jurisdiction of all Jurisdiction. complaints arising under the aforesaid act. Fines, how SEC. 5. On complaint of any person, before a Justice of the Peace, the person or persons found guilty of any offenses disposed of. specified in this act, shall be fined as aforesaid, to be paid to the Treasurer of the Territory, for the benefit of common schools; and the offender shall, in addition to the said fine and the costs of prosecution, give bonds, with two good and sufficient sureties, in the sum of not less than two hundred dollars, nor more than five hundred dollars, for good behavior during any time within the discretion of the court, and stand committed till the whole order is complied with, and the fine be paid. Lawful age CHAP. XIX. An Act Fixing the Age of Majority. [Approved November 21, 1861.] Be it enacted, by the Governor and Legislative Assembly of the SECTION 1. All male persons of the age of twenty-one years, and all females of the age of eighteen years, and who are under no legal disability, shall be capable of entering into any contract, and shall be, to all intents and purposes, held and considered to be of lawful age. Amending CHAP. XX.-An Act to amend an Act entitled "An [Approved November 23, 1861.] Be it enacted, by the Governor and Legislative Assembly of the SECTION 1. Section thirty-one of the foregoing entitled act, is hereby amended, so as to read as follows: Where the right of action has accrued, or shall accrue, in the State of California, in the classes of cases mentioned in section sixteen of this act, the time of commencing actions shall be limited in their respective classes of cases, as prescribed in said section; but the period of limitation in such cases, shall commence at the time of the accruing of such right of action in the State of California, and shall run continuously, excepting the time the party may have been absent from both this Territory and State of California. A right of action shall be deemed to have accrued on a judgment at the time of its rendition. SEC. 2. This act shall take effect on and after the second day of December, A. D. one thousand eight hundred and sixty-one. |