Treatise on the Mechanic's Lien Law, of California: Passed March 30, 1868; With an Appendix, Containing the Various Forms Required Under the Act, Together with a Copy of the Act, and an Ample Index (Classic Reprint)

Excerpt from Treatise on the Mechanic's Lien Law, of California: Passed March 30, 1868; With an Appendix, Containing the Various Forms Required Under the Act, Together With a Copy of the Act, and an Ample Index

The law passed at the last session of our Legislature on the subject of Mechanics' Lien has a most important effect as well upon the rights of mechanics, laborers, and persons furnishing materials for the construction and repairs of buildings and other superstructures, as upon the rights of those owning and making improvements on real estate. It has also an important efl'ect on the rights of capitalists and loan societies lending money on mortgage. It is very clear, that without proper precautions, a real estate owner may, through this Act, be compelled to pay a much larger sum for improvements than he has contracted to pay, and may even be made personally responsible on demands for which he never contemplated a personal liability, while those hav ing mortgages or other equitable claims upon the land may be seriously affected in their rights. The Act is a very crude and inconsistent piece of legislation, and requires many amendments for the benefit as well of the mechanic as the owner of real estate. Still, it will remain the law Of the land till the year 1870, as no legislation is likely to be had on it till that time. It was thought by the author of this brief treatise, that in the meantime a work of this character, with the forms given in the appendix, might be useful to the community, and that when amendments are made by the next Legislature a second edition can be issued.

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