R. S. 2903-Act 134, 1880 are engaged by the proprietor or any agent of the proprietor, upon any of the works above enumerated, shall have a first privilege upon the buildings or other works upon which their labor has been bestowed. [Contractors, etc., Shall Not Be Paid Until Laborers Secured First, etc.] SEC. 2. That when such works are done by any contractor or subcontractor for a stipulated price, it shall not be lawful for any portions of such contract price to be paid or advanced to the contractor or to any sub-contractor until payment has been made, or security given, for all sums due to laborers or workmen under such contractors or subcontractors, up to the date of such payment, nor shall any payments or advances be made to any such contractor or sub-contractor, except in proportion to work actually done, and in such manner as to leave unpaid at all times, until the completion of the work, a sum sufficient to secure the bills for labor or work. [Preservation of Privilege-Recordation, etc.] SEC. 3. That any laborer or workingman, in the cases contemplated by this act, of works done by any contractor or sub-contractor, may record his claim for such amount as will probably be due him at the expiration of the work; such recordation to act as a first privilege upon all such work, in event of the violation of the provisions of this law by the proprietor or his agents. In event of said recordation, the same shall be erased upon payment of the amount due, as contemplated by this act, from the books of the recorder of mortgages, at the expense of the party recording. In no case shall the recorder of mortgages charge more than fifty cents for recordation and twenty-five cents for erasure of privileges, as herein provided for. [Recordation-How Made, etc.] SEC. 4. That the recordation provided for in the third section of this act may be made on the books of the recorder of mortgages in any parish where the labor described in first and second sections may be done; and that every chartered corporation, notwithstanding that it may have a domicile, as provided in its charter, shall designate some office where service of process may be made in every parish where such claims may originate. [Limitation of Owner's Liability.] SEC. 5. That the amounts to be paid by the owner to such laborers shall not exceed the amount such owner is bound for to his contractor at the time of recording. use. The lien attaches to works and buildings erected on lands dedicated to public R. S. 2903-Acts LABORERS' WAGES, ETC., HOW RECOVERED, ETC. Act 92, 1873, p. 163. AN ACT to enable mechanics, laborers and others to recover their wages, etc., and to prescribe a mode of making service of citation in such cases. SECTION 1. That hereafter, from and after the passage of this act, in all parishes of the State it shall be lawful for mechanics, laborers and others doing work on the plantation or plantations of the nonresident proprietors thereof to institute suit for recovery of their wages, labor, work or portion of the crop, as the case may be, against the non-resident proprietors of said plantation in the parish in which said labor or work was done and performed. SEC. 2. That in all cases when suits are to be instituted it shall only be necessary to make service of the copy of citation and petition upon the agent, overseer, manager or other person having control, management or administration of said plantation, and in the employ of the said non-resident proprietor. Act 25, 1874, p. 59. AN ACT relative to the trial of certain suits in which provisional seizures have issued. SECTION 1. That in all cases instituted before any court of this State by a laborer or laborers upon any farm or plantation for the recovery of his or their wages, it shall be legal and competent for the judge, upon application of either plaintiff or defendant, to try the suit either in chambers or in open court after three days' service of citation. SEC. 2. That in case of appeal from any judgment so rendered either plaintiff or defendant shall be entitled to have the case tried de novo in the appellate court, either in chambers or in open court, and all appeals in such cases shall be returnable to the appellate court within three days after rendition and signing of judgment. SEC. 3. That all laws in conflict or inconsistent with this act be and are hereby repealed, and this act shall have effect throughout this State from and after its passage. Act 16, 1886, p. 24. AN ACT authorizing the institution of suits for the recovery of certain claims before courts having jurisdiction of the property, when the owners are not domiciled in the parish where the property is situated. SECTION 1. That parties holding claims against any citizen of this State for labor performed, or for supplies or materials furnished, or R. S. 2903-Act 180, 1894 for improvements made upon any farm or plantation, or real estate, are hereby authorized to institute suit for the recovery of such claims before any competent court having territorial jurisdiction of the property, whether the owner be domiciled or not in the parish where the property is situated. SEC. 2. That this act shall take effect from and after its passage. FURNISHERS OF MATERIAL, ETC.-SECURITY. AN ACT relative to contracts for buildings and the security of workmen and furnishers of material. SECTION 1. That any person who makes a contract for one thousand dollars and over, with a builder or contractor or undertaker, to repair, reconstruct, build or construct a building, shall require of the builder, contractor or undertaker good and solvent security to the full amount of the contract for the payment of all the workmen, mechanics and laborers and all those who furnish materials and supplies actually used in the building, and each workman, laborer, mechanic and furnisher of materials shall have his individual right of action against the said security, and should the owner fail to require of the contractor such good and solvent security and to record the contract, with the bond and security, in the mortgage office, describing and giving the name of the security within one week after contract is signed and before the work is commenced, such owner shall be personally liable for all balances due to the workmen, laborers and furnishers of materials used in the building, and they shall have a privilege on the land and building if they record their sworn bills whether the original contract is recorded or not, provided the bond and surety hereinabove provided for shall continue in force and effect only ninety days after the completion of the building or repairs contracted for; be it further provided that the owner or builder or contractor, or undertaker, shall not be denied the right to question the correctness of any accounts filed against said building, and be it further provided that all mortgages and privileges recorded against said land and building, previous to signing said contract shall have precedence over all other liens. SEC. 2. That this act shall only apply to cities of over ten thousand inhabitants, and all laws and parts of laws, in conflict with this act, are hereby and at the same time repealed (as amended by Act 123, 1896, p. 179). Act 180, 1894, is not a local or special act within the meaning of Art. 46, Const. 1898, and there was no necessity of giving thirty days' public notice prior to its passage, nor is the act broader than its title. McKeon vs. Sumner Building SB. S. 2903-Act 62, E. S., 1877 & Supply Co., 51 An. 1961. (Both points are considered at some length and many authorities cited.) Where there is no written contract for the wages of laborers, or with those who furnish materials, privileges on immovables therefor exist only when registered within seven days from the date when the wages were due, or the repairs are completed or materials furnished. Brashear vs. The Alexandria, etc., Co., Lim., 50 An. 587. Where the owner files his proceedings in concurso within ninety days after the building has been completed, the surety can not invoke the prescription of ninety days established by Act 180, 1894. The filing of the petition in such a proceeding -as relates to prescription-has the effect given to the filing of a syndic's tableau or administrator's account. Louisiana Molasses Co. et al. vs. LeSassier et al., 52 An. 2070. Under Act 180, 1894, the bond of the contractor must equal full amount of contract, but the security afforded by the bond, and the privilege afforded by the law, do not secure the price of materials sold and delivered in another State, and which owing to the accidents of commercial transactions find their way into this State. Willey vs. St. Charles Hotel Co. et al., etc., 52 An. 1581. Right of creditor, under Act 180 of 1894, amended by Act, 1896, to sue debtor and surety. Liability of contractor and surety under the act to material men, etc. Brink et al. vs. Bartlett et al., 105 La. 336; Salem [Salmen] B. & L. Co. vs. LeSassier et als., 106 La. 389; Vordenbaum & Eastman vs. Bartlett et al., 105 La. 752. PRIVILEGES OF VENDORS OF PIANOS, ETC. Act 62, E. S. 1877, p. 102. AN ACT to make sewing machines liable to seizure under the vendor's privilege; to regulate leasing of movable property which is exempt from seizure, and to repeal conflicting laws. [Liability of Sewing Machines and Pianos to Seizure, etc.] SECTION 1. That sewing machines and pianos exempted from seizure under general law shall be liable to seizure to enforce the vendor's privilege thereon. [Converting Certain Contracts of Lease Into Sales.] SEC. 2. That whenever any movable property exempt from general seizure under the general laws shall have been transferred upon a condition that said transfer shall be considered a contract of lease until certain installments are paid, the transferree to become then the owner, said contract shall be considered contract of sale, and the remedy of the party transferring shall be to enforce the vendor's privilege against the transferree for the unpaid balance of the price; provided, that nothing in this act shall be construed to give the right to exercise the vendor's privilege against movable property exempt from seizure, where such right does not now exist, except in the cases of transfers of pianos and sewing machines as hereinabove stated. Act 62, E. S., 1877-R. S. 2907 [Removal of Property by Vendor Prohibited.] SEC. 3. That it shall not be lawful for the vendors or transferrors of any movable property exempt from general seizure to enter the premises of any person to whom such property has been sold or transferred with the object of removing said property under the assumption or pretense that the buyer or transferree has by agreement given such right of entry or removal. [Violation Declared a Misdemeanor, etc.] SEC. 4. That any person guilty of entering and removing any property as above mentioned shall be considered to have committed a misdemeanor, and upon conviction shall be fined not more than two hundred dollars and imprisoned not more than three months, or both, at the discretion of the court; provided, that nothing contained herein shall deprive the party injured of his or her civil action in damages; provided, further, that nothing in this act be construed to prevent the sheriff or constable from entering and taking under proper legal process property not exempt from seizure, and which, although exempt from general seizure, is liable to be levied on for the enforcement of the vendor's privilege when existing. [Repealing Clause, etc.] SEC. 5. That all laws or parts of laws in conflict herewith, in so far as they conflict, be and the same are hereby repealed, and that nothing herein to be construed to apply to contracts made before the promulgation hereof, and that this act take effect from and after its promulgation. Privileges, liens and exemptions established by the provisions of the R. C. C. and the acts amending the articles of the Code are not considered here. PLEDGES. 2904 to 2906. Relate to manner of pledging promissory notes, bills of exchange, stocks, etc.; their validity against third persons, and notice due the debtor when the credit is not negotiable. See R. C. C., Art. 3158, Secs. 2, 3, 4. 2907. The pledgeor may authorize the sale of the property pledged. See R. C. C., 3165. |