§ 1056.

Citations. Cal. 156/140.

Justification by corporate security on bonds. Procedure. County clerk to issue certificate. Fee.

§ 1057a. Whenever the surety on a bond or undertaking authorized or required by any law of this state is a corporation of the state or a foreign corporation, authorized to become surety on bonds or undertakings in the state, and exception is taken to the sufficiency of such surety as required by law, such corporate surety may justify on such bond or undertaking as follows:

Any agent, attorney in fact, or officer of such corporation shall submit to the court, judge, officer, board or other person before whom the justification is to be made:

First-The original, or a certified copy of, the power of attorney, bylaws or other instrument showing the authority of the person or persons who executed the bond or undertaking to execute the same;

Second-A certified copy of the certificate of authority issued by the insurance commissioner as required by section 596 of the Political Code, showing that the corporation is authorized to transact business; Third-A certificate from the county clerk of the county or city and county in which the bond or undertaking is filed, showing that the said certificate of authority has not been surrendered, revoked, canceled, annulled or suspended, or in the event that it has been, that renewed authority to act under such certificate has been granted, as provided for in section 625a of the Political Code;

Fourth-A financial statement showing the assets and liabilities of such corporation at the end of the quarter calendar year next preceding the date of the execution of the bond or undertaking; such financial statement must be verified under oath by the president, or a vicepresident and attested by the secretary or an assistant secretary of such corporation.

Upon complying with the foregoing provisions and it appearing that the bond or undertaking was duly executed, that the corporation is authorized to transact business in the state, and that its assets exceed its liabilities in an amount equal to or in excess of the amount of the bond or undertaking, the justification of the surety shall be complete and it shall be accepted as the sole and sufficient surety on the bond or undertaking.

The county clerk of any county or city and county shall, upon request, issue the certificate hereinbefore provided for, which certificate shall state whether or not the certificate of authority of such corporation has been surrendered, revoked, canceled, annulled or suspended, and in the event that it has, whether or not renewed authority to act under such certificate of authority has been granted as provided in section 625a of the Political Code. For each certificate issued the county clerk

shall receive a fee of fifty cents to be paid by the person obtaining the certificate.

All laws and parts of laws and all sections of either of the codes in conflict herewith are hereby expressly repealed. [New section added March 20, 1911; Stats. 1911, p. 412.]

§ 1068.

Citations. Cal. 156/85. App. 10/160; 12/829; 18/118.

§ 1069.

Citations. App. 11/442.

§ 1070.

Citations. App. 12/329.

§ 1074.

Citations. App. 11/644.

§ 1077.

Citations. App. 8/611.

§ 1085.

Citations. Cal. 156/488. App. 8/16; 12/551.

§ 1086.

Citations. Cal. 155/33. App. 8/16, 482; 12/553.

§ 1095.

Citations. Cal. 158/548, 549.

§ 1102.

Citations. Cal. 157/192. App. 9/333; 11/3, 485; 12/154, 156; 14/646. § 1103.

Citations. App. 9/333; 11/3, 6, 215; 12/154, 160, 347; 14/646.

§ 1109.

Citations. App. 8/612.

§ 1111.

Citations. Cal. 158/537, 539, 541.

§ 1115.

Citations. Cal. 158/539. App. 13/274.

§ 1116.

Citations. App. 11/587, 588.

§ 1118.

Citations. Cal. 158/540.

§ 1118a.

Citations. App. 13/273, 274, 275.

§ 1119.

Citations. Cal. 158/538, 539, 540, 542, 544, 545, 546. App. 12/421; 13/273, (cited as § 1118), 275.

§ 1121.

Citations. Cal. 158/538, 540, 542, 545, 546, 547.

§ 1127.

Citations. Cal. 158/539.

§ 1160.

Citations. App. 9/44.

§ 1161.

Citations. Cal. 156/317. App. 9/44; 11/322; (subd. 2) 12/315.

§ 1162.

Citations. App. 10/4.

§ 1167.

Citations. App. 9/43; 14/866.

§ 1169.

Citations. App. 14/367.

§ 1172.

Citations. App. 14/572.

§ 1174.

Citations. App. 9/44; 14/365.

§ 1180.

Citations. App. 14/388.

Mechanics have lien upon property on which they have labored, etc. Mines. Limit of liens. Limit of owner's liability. § 1183. Mechanics, materialmen, contractors, subcontractors, artisans, architects, machinists, builders, miners, teamsters and draymen, and all persons and laborers of every class performing labor upon, or bestowing skill or other necessary services, or furnishing materials to be used or consumed in or furnishing appliances, teams and power contributing to the construction, alteration, addition to or repair, either in whole or

in part, of any building, wharf, bridge, ditch, flume, aqueduct, well, tunnel, fence, machinery, railroad, wagon road or other structure, shall have a lien upon the property upon which they have bestowed labor or furnished materials, for the value of such labor done and materials furnished and for the value of the use of such appliances, teams or power, whether at the instance of the owner, or of any other person acting by his authority or under him, as contractor, or otherwise; and every contractor, subcontractor, architect, builder or other person having charge of the construction, alteration, addition to or repair either in whole or in part of any building, or other improvement as aforesaid shall be held to be the agent of the owner for the purposes of this chapter. Any person who performs labor in any mining claim or claims, or in or upon any real property worked as a mine, either in the development thereof or in working thereon by the subtractive process or furnishes materials to be used or consumed therein, has a lien upon the same and the works owned and used by the owners for milling or reducing the ores from the same, for the value of the work or labor done or materials furnished by each respectively, whether done or furnished at the instance of the owner of such mining claim or claims or real property worked as a mine, or his agent, and every contractor, subcontractor, superintendent or other person having charge of any mining or work or labor performed in and about such mining claim or claims or real property worked as a mine, either as lessee or under a working bond or contract thereon shall be held to be the agent of the owner for the purposes of this chapter. The liens in this chapter provided for shall be direct liens, and shall not in the case of any claimants, other than the contractor be limited, as to amount, by any contract price agreed upon between the contractor and the owner except as hereinafter provided; but said several liens shall not in any case exceed in amount the reasonable value of the labor done or material furnished, or both, for which the lien is claimed, nor the price agreed upon for the same between the claimant and the person by whom he was employed; nor in any case, where the claimant was employed by a contractor, or subcontractor, shall the lien extend to any labor or materials not embraced within or covered by the original contract between the contractor and the owner, or any modification thereof made by or with the consent of such owner, and of which such contract, or modification thereof, the claimant shall have had actual notice before the performance of such labor or the furnishing of such materials. The filing of such original contract, or modification thereof, in the office of the county recorder of the county where the property is situated, before the commencement of the work, shall be equivalent to the giving of such actual notice by the owner to all persons performing work or furnishing materials thereunder. In case said original contract shall, before the work is commenced, be so filed, together with a bond of the contractor with good and sufficient sureties in an amount not less than fifty (50) per cent of the contract price named in said contract,

which bond shall in addition to any conditions for the performance of the contract, be also conditioned for the payment in full of the claims of all persons performing labor upon or furnishing materials to be used in such work, and shall also by its terms be made to inure to the benefit of any and all persons who perform labor upon or furnish materials to be used in the work described in said contract so as to give such persons a right of action to recover upon said bond in any suit brought to foreclose the liens provided for in this chapter or in a separate suit brought on said bond, then the court must, where it would be equitable so to do, restrict the recovery under such liens to an aggregate amount equal to the amount found to be due from the owner to the contractor, and render judgment against the contractor and his sureties on said bond for any deficiency or difference there may remain between said amount so found to be due to the contractor and the whole amount found to be due to claimants for such labor or materials or both. No change or alteration of the work or modification of any such contract between the owner and his contractor shall release or exonerate any surety or sureties upon any bond given under this section. It is the intent and purpose of this section to limit the owner's liability, in all cases, to the measure of the contract price where he shall have filed or caused to be filed in good faith with his original contract a valid bond with good and sufficient sureties in the amount and upon the conditions as herein provided. It shall be lawful for the owner to protect himself against any failure of the contractor to perform his contract and make full payment for all work done and materials furnished thereunder by exacting such bond or other security as he may deem satisfactory. [Amendment approved May 1, 1911; Stats. 1911, p. 1313.]

The statute amending this section and the following sections of the Mechanic's Lien Law contained the following section:

§ 14. The provisions of this act shall be liberally construed with a view to effect its purpose. They are not intended as a re-enactment of the provisions of former statutes, with the policy heretofore impressed upon the same by the courts of this state, but are intended to reverse that policy to the extent of making the liens provided for, direct and independent of any account of indebtedness between the owner and contractor, thereby making the policy of this state conform to that of Nevada and the other Pacific Coast states.

Citations. Cal. 155/412; 158/31. App. 8/271, 272, 273, 509, 518, 519, 525, 734; 9/495, 702, 703; 10/90, 92, 644, 650; 12/42.

Persons supplying power entitled to lien.

§ 1183a. [Repealed May 1, 1911; Stats. 1911, p. 1319.]

Notice to owner of labor performed and materials furnished.

§ 1184. Any of the persons mentioned in the preceding section, except the contractor, may at any time give to the owner a notice that they have performed labor or furnished materials, or both, to the contractor or other person acting by the authority of the owner, or that they