Limit of such lien. Duty of party having lien. Lien to continue in force. How enforced. Duty of Duty of Court. and account in a separate book provided for that purpose; and from the time of such filing all persons shall be deemed to have notice thereof. SEC. 7. No such lien shall bind any building, wharf 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 six months after the expiration of the credit. The party having the lien and giving credit shall make an entry on the margin of the record where the notice of the lien is recorded, stating the length of time the credit is given, and shall sign the same in the Recorder's presence, who shall witness it, but no lien shall be continued in force for a longer term than one year from the time the work is completed or the materials furnished, by any agreement to give credit. SEC. 8. The said liens may be enforced by suit in any court of competent jurisdiction, setting forth in the complaint the 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 make publication for at least twenty days in some newspaper printed in the county, if any be printed therein, and if no newspaper be printed therein, then in some newspaper having general circulation in such county, 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 a regular term of such court, and to exhibit then and there the proofs of said liens. On a day appointed, the court shall proceed to hear and determine the said claims in a summary way, or may refer the same to a referee, or in the discretion of the court, to a jury to ascertain and report upon said liens, and the amount justly due thereon; and all liens not so exhibited and proved, shall be deemed to be waived in favor of those which are so exhibited; on ascertaining the whole amount of 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 the costs of suit, in the same manner that other property is sold under executions, Proceeds of sale and if the proceeds of such sale shall not be sufficient to satisfy the whole of such liens established as aforesaid, then the same shall be apportioned according to the respective rights of the several parties; provided, that no sale of the premises shall be ordered to satisfy the lien of the plaintiff, until after the expiration of the time required for the appearance of other claimants of liens upon the same prerises. Liens waived. Premises sold. How apportioned. Proviso. Claims not affected. Satisfaction. Penalty, SEC. 9. Nothing herein contained shall be construed to take away or affect in any manner any action which any such contractor, laborer, sub-contractor or other person performing labor or furnishing materials for such building, wharf or superstructure would otherwise have against his employer. SEC. 10. The holder of such lien filed as aforesaid, on payment thereof, shall enter satisfaction of the same of record, at the request of any one interested in the property charged with the lien, within ten days after such request, on the payment of the cost of such entry; and on failure to enter such satisfaction, shall forfeit and pay to the party aggrieved the sum of fifty dollars per day until such satisfac tion shall be entered, to be recovered in the same manner as other debts are recovered. SEC. 11. Any mechanic or artisan who shall make, alter or Lien for repair any article of personal property, at the request of the owner repairs. or legal possessor of such property, shall have a lien on such property so made, altered or repaired, for his just and reasonable charges for his work done and materials furnished, and may hold and retain possession of the same until such just and reasonable charges shall be paid, and if not paid for within the space of six months after the work shall have been done, such mechanic or artisan may proceed to sell the property by him so made, altered or repaired, at public auc- May sell, tion, by giving three weeks' public notice of such sale, by advertisement, in some newspaper published in the county in which the work may be done, or if there be no such newspaper, then by posting up notices of such sale in three of the most public places in the town where such work was done, and the proceeds of said sale shall be Proceeds of sale applied-first, to the discharge of such lien and costs and expenses of keeping and selling such property, and the remainder, if any, shall be paid over to the owner thereof. affected. SEC. 12. Nothing contained in this Act shall be deemed to apply Liens not to or affect any lien heretofore acquired; and an Act entitled an Act to provide for the Lien of Mechanics and others, passed April twelfth, eighteen hundred and fifty, is hereby repealed. Act of 1850 repealed. SEC. 13. This Act shall take effect and be in force on and after Take effect. the first day of July next. Section 5 amended. Proclamation. Section 6 Section 8 amended. Special elections. Notice. Section 9 amended. CHAPTER CXXXI. AN ACT To amend "An Act to Regulate Elections," passed March 23d, 1850. [Approved April 27, 1855.] The People of the State of California, represented in Senate and SECTION 1. Section fifth of said Act is amended, so as to read as follows: Section 5. It shall be the duty of the Governor, at least thirty days before any general election, to issue his proclamation, designating the offices to be filled at such election, and to transmit a copy thereof to the Board of Supervisors of each county of the State. SEC. 2. Section sixth of said Act is amended, so as to read as follows: Section 6. It shall be the duty of the Board of Supervisors to give at least ten days' notice thereof, by posting or causing to be posted up at each place of holding elections in their county, a copy of such proclamation, and to insert the same in some newspaper published in the county, if any be published therein. SEC. 3 Section eight of said Act is amended, so as to read as follows: Section 8. Whenever a special election is necessary to fill a vacancy in any office which is to be filled by the vote of the qualified electors of the State or of the district, the Governor shall issue his proclamation ordering such election, in like manner as is provided in regard to general elections, and designating also the time at which it is to be held; and the Board of Supervisors of each county in which such election is to be held, shall give notice thereof, as required in the sixth section of this Act. SEC. 4. Section ninth of said Act is amended, so as to read as follows: Section 9. Whenever a special election is necessary to fill a vacancy in any county or township office, the Board of Supervisors shall issue an order for such election, designating the office to be Special elections. filled and the time of holding the election, and shall publish the same in the manner required by the sixth section of this Act. Order for Publication. Section 15 ainended. Precincts. SEC. 5. Section fifteenth of said Act is amended, so as to read as follows: Section 15. There shall be a precinct for holding elec tions in each township designated by the Board of Supervisors, if the convenience of the people require it, may create additional precincts in any township where there are thirty or more resident voters; provided, there shall not be more than one precinct in each Ward of a Further proviso city; and provided further, that, except within a city, no two election precincts shall be nearer than one mile. Proviso. Section 16 SEC. 6. Section sixteenth of said Act is amended, so as to read as follows: Section 16. When an election is ordered, the Board of Supervisors shall appoint, for each precinct, from the qualified electors of the township in which such precinct lies, one Inspector and two Judges, who shall constitute a Board of Judges of Election. In case said Board be not appointed for any precinct by the Board of appointed. Supervisors as specified in this section, the electors present on the Judges not morning of the day of election, at the place where the polls were opened on the day of the last previous "general election," may appoint a Board of Judges for such precinct. amended. County Clerk. SEC. 7. Section thirty-eight of said Act is amended, so as to read Section 38 as follows: Section 38. On the tenth day after the day of each election, or as soon as he shall have received the returns from each precinct of the county or township if he receive them within that time, the County Clerk shall proceed to estimate the vote of the Duty of county or township; a statement of which shall be drawn up and signed by him. The statement shall contain the names of the per- Statement. sons voted for; the office to fill which each person was voted for the number of votes given at each precinct to each of such persons, and the number of votes given to each in the county, and the same shall be filed, together with the returns from each precinct in the When filed. office of the County Clerk. amended. elections. SEC. 8. Section fifty-ninth of said Act is amended, so as to read Section 59 as follows: Section 59. Upon such statement being filed, it shall be the duty of the County Clerk to inform the Judge of the County Court, who shall give notice and order a special term of said Court to be held at the Court House of the proper county, on some day to be named by him, not less than ten nor more than twenty days from Contested the date of such notice, to hear and determine such contested election. SEC. 9. Section sixty-first of said Act is amended, so as to read Section 61 as follows: Section 61. The said Clerk shall issue subpoenas for witnesses in such contested election, at the request of either party, which shall be served by the Sheriff as other subpoenas, and the County Court shall have full power to issue attachments to compel the attendance of witnesses, who shall have been duly subpoenaed to attend, if they fail to do so. amended. Subpenas, &c. Power of Court. amende ì. SEC. 10. Section sixty-ninth of said Act is amended, so as to read Section 69 as follows: Section 69. Either party feeling himself aggrieved by the judgment of said Court may appeal therefrom to the Supreme Appeal. Court, as in other cases of appeal thereto from the County Court. amended. SEC. 11. Section seventy-third of said Act is amended, so as to Section 73 read as follows: Section 73. Whenever an election shall be annulled Annulled and set aside by the judgment of the County Court, when no appeal election. has been taken thereupon within ten days, such certificate or commis- Commission sion, if any has been issued, shall be thereby rendered void, and the void. office become vacant. amended. SEC. 12. Section seventy fourth of said Act is amended, so as to Section 74 read as follows: Section 74. In case of any contest' in regard to Contested any election to fill the office of County Judge, such contest shall be election of County Judge. tried in like manner, by the Board of Supervisors of said County. SEC. 13. Sections seventy, seventy-one and seventy-two of said Repeal. Act are hereby repealed. Time limited. CHAPTER CXXXII. AN ACT To amend an Act entitled an Act to provide for the Construction of a Canal from Tulare Lake to the waters of the San Joaquin, approved May 12th, 1853. [Approved April 27, 1855.] The People of the State of California, represented in Senate and SECTION 1. Section three of an Act entitled an Act to provide for the construction of a Canal from Tulare Lake to the waters of the San Joaquin, approved May twelfth, eighteen hundred and fifty-three, is hereby amended, so as to read as follows: The said grantees shall construct and put in operation the said canal prior to the first day of January, A. D. one thousand eight hundred and fifty-nine. Tine extended. CHAPTER CXXXIII. AN ACT Supplemental to, and amendatory of an act entitled "An Act to provide for the Settlement of the Affairs of the State Marine Hospital, at San Francisco, and to dispose of the property belonging to the same," passed April 16, 1855. [Approved April 27, 1855.] The People of the State of California, represented in Senate and SECTION 1. Section first of an Act entitled "An Act to provide for the settlement of the affairs of the State Marine Hospital at San Francisco, and to dispose of the property belonging to the same," passed April sixteenth, eighteen hundred and fifty-five, is hereby amended and construed so as to extend the time mentioned in said section from the first day of May next to the first day of June next. |