Chapter 44 Liens

Chapter 44 – Liens

Article 1

Mechanics’, Laborers’, and Materialmen’s Liens

§ 44-1.  Repealed by Session Laws 1969, c. 1112, s. 4.

§§ 44-2 through 44-5.  Repealed by Session Laws 1967, c. 1029, s. 2.

Article 1A.

Wage Liens.

§ 44-5.1.  Wages for two months’ lien on assets.

In case of the insolvency of a corporation, partnership or  individual, all persons doing labor or service of whatever character in its regular employment have a lien upon the assets thereof for the  amount of wages due to them for all labor, work, and services rendered within two months next preceding the date when proceedings in insolvency were actually instituted and begun against the corporation, partnership or individual, which lien is prior to all other liens that can be acquired against such assets: Provided, that the lien created by this section shall not apply to multiple unit dwellings, apartment houses, or other buildings for family occupancy except as to labor performed on the premises upon which the lien is claimed. This section shall not apply to any single unit family dwelling. (1901, c. 2, s. 87; Rev., s. 1206; C.S., s. 1197; 1937, c. 223; 1943, c. 501; 1955, c. 1345, s. 4.)

Article 2

Subcontractors’, etc., Liens and Rights against Owners

§ 44-6.  Repealed by Session Laws 1971, c. 880, s. 2.

§ 44-7.  Repealed by Session Laws 1943, c. 543.

§§ 44-8 through 44-13.  Repealed by Session Laws 1971, c. 880, s. 2.

§ 44-14.  Repealed by Session Laws 1973, c. 1194, s. 6.

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Article 3

Liens on Vessels

§§ 44-15 through 44-27.  Repealed by Session Laws 1967, c. 1029, s. 2.

Article 4

Warehouse Storage Liens

§§ 44-28 through 44-29.  Repealed by Session Laws 1967, c. 562, s. 6.

Article 5

Liens of Hotel, Boarding and Lodging House Keeper

§§ 44-30 through 44-32.  Repealed by Session Laws 1967, c. 1029, s. 2.

Article 6

Liens of Livery Stable Keepers

§§ 44-33 through 44-35.  Repealed by Session Laws 1967, c. 1029, s. 2.

Article 7

Liens on Colts, Calves and Pigs

§§ 44-36 through 44-37.1.  Repealed by Session Laws 1967, c. 1029, s. 2.

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    Article 8

    Perfecting, Recording, Enforcing and Discharging Liens

    § 44-38.  Claim of lien to be filed; place of filing.

    All claims shall be filed in the office of the clerk of superior court in the county where the labor has been performed or the materials furnished, specifying in detail the materials furnished or the labor performed, and the time thereof. If the parties interested make a special contract for such labor performed, or if such material and labor are specified in writing, in such cases it shall be decided  agreeably to the terms of the contract, provided the terms of such contract do not affect the lien for such labor performed or materials  furnished. (1869-70, c. 206, s. 4; 1876-7, c. 53, s. 1; Code, s. 1784; Rev., s. 2026; C.S., s. 2469; 1971, c. 1185, s. 4.)

    § 44-38.1.  Repealed by Session Laws 1967, c. 562, s. 7.

    §§ 44-39 through 44-46.  Repealed by Session Laws 1969, c. 1112, s. 4.

    § 44-47.  Repealed by Session Laws 1971, c. 1185, s. 5.

    § 44-48.  Discharge of liens.

    All liens created by this Chapter may be discharged as follows:

    (1)        By filing with the clerk a receipt or acknowledgment, signed by the claimant, that the lien has been paid or discharged.

    (2)        By depositing with the clerk money equal to the amount of the claim, which money shall be held by said officer for the benefit of the claimant.

    (3)        By an entry in the lien docket that the action on the part of the claimant to enforce the lien has been dismissed, or a judgment rendered against the claimant in such action.

    (4)        By a failure of the claimant to commence an action for the enforcement of the lien within six months from the notice of lien filed. (1868-9, c. 117, s. 12; Code, s. 1793; Rev., s. 2033; C.S., s. 2479; 1971, c. 1185, s. 6.)

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