Vendor's privi. lege on certain articles.

SEC. 2872. Any person who may sell the agricultural products of the United States in the city of New Orleans, shall be entitled to a 1855-363. special lien and privilege thereon, to secure the payment of the purchase money for and during the space of five days, only after the day of delivery; within which time the vendor shall be entitled to seize the same in whatsoever hands or place it may be found, and his claim for the purchase money shall have reference over all others. If the vendor gives a written order for the delivery of any such produce, and shall say therein that it is to be delivered without vendor's privilege, then no lien shall attach thereto.

SEC. 2873. Article three thousand one hundred and eighty-four 1887-351. of the Civil Code of the State of Louisiana is amended and re- Privileged debts enacted so as to read as follows:

The debts which are privileged on certain movables are the following:

First-The appointments or salaries for the overseer for the current rear on the crops of the year, and the proceeds thereof; debts due for necessary supplies furnished to any farm or plantation, not including articles furnished and which were sold to laborers; and debts due for money actually advanced and used for the purchase of necessary supplies, and the payment of necessary expenses for any farm or plantation on the crops of the year and the proceeds thereof.

Second-The debts of a workman or artizan for the price of hi labor on the movables which he has repaired or made, if the thing still continues in his possession, or the possession of the person for whom they were repaired.

Third-The rents of immovables and the wages of laborers working the same, on the crops of the year, and on the furniture which

urrent.

is found in the house let, or on the farm, and on everything that serves to the working of the farm.

Fourth-The debt on pledge which is in the creditor's possession. Fifth-That of a depositor or the price of the sale of the thing deposited.

Sixth-The debt due for money laid out in preserving the thing. Seventh-The price due on movable effects, if they are in the possession of the purchaser.

Eighth-The things which have been furnished by an innkeeper on the property of the traveler which has been carried to his inn. Ninth-The carrier's charges, and the accessory expenses on the thing carried, including necessary charges and expenses paid by carriers, such as taxes, storage and privileged claims required to be paid before moving the thing; and in case the thing carried be lost or destroyed, without the fault of the carrier, this privilege for money paid by the carrier shall attach to the insurance effected on the thing for the benefit of the owner; provided, written notice of the amount so paid by the carrier, and for whose account, with a description of the property lost or destroyed, be given to the insurer or his agent within thirty days after the loss; or if it be impracticable to give the notice in that time, it shall be sufficient to give the notice at any time before the money is paid over.

SEC. 2874. The privileges hereinbefore granted to the overseer, Privileges con- the laborers, the furnishers of supplies and the party advancing money necessary to carry on any farm or plantation, shall be concurrent and shall not be divested by any prior mortgage, whether conventional, legal or judicial, or by any seizure and sale of the land while the crop is on it.

SEC. 2875. All the privileges granted by this act on the growing Laborer's privi- crop in favor of the class of persons mentioned, shall be concurrent, lege to rank first except that in favor of the laborer, which shall be ranked as the first privilege on the crop.

1868-167. Article three

thousand two hundred and

sixteen of the Civil Code.

Creditors who have privilege on immovables.

SEC. 2876. Article three thousand two hundred and sixteen of the Civil Code of Louisiana is amended and reenacted as follows: Creditors who have a privilege on immovables are:

First-The vendor on the estate by him sold for the payment of the price, or so much of it as is unpaid, whether it was sold on or without a credit.

Second-Architects, undertakers, bricklayers, painters, master builders, contractors, sub-contractors, journeymen, laborers, cartmen and other workmen employed in constructing, rebuilding or repairing houses, buildings, or making other works.

Third-Those who have supplied the owner or other person employed by the owner or his agent, or sub-contractor, with materias of any kind for the construction or repairs of an edifice or other work which has been used in the erection or repair of such houses or other work.

The above named parties shall have a lien and privilege upon the building, improvement or other work erected, and upon the lot of ground, not exceeding one acre, upon which the building, improvements and other works shall be erected; Provided, The said lot of ground belongs to the person having such building, improvements and other works erected; and if such buildings, improvements or other works are caused to be erected by a lessee of the lot of ground, in that case the privilege shall exist only against the lease and shall not affect the owner.

Fourth-Those who have worked by the job in the manner directed by law, or by the regulation of the police in making or repairing the levees, bridges, ditches and roads of a proprietor on the land, the levees, bridges and roads over which have been made or repaired.

Article three

SEC. 2877. Article three thousand two hundred and thirty-nine thousand two of the Civil Code of Louisiana is amended and reenacted to read as follows:

Architects, undertakers, bricklayers, painters, master builders, contractors, sub-contractors, journeymen, laborers, cartmen, and other workmen employed in constructing, rebuilding or repairing houses, or buildings or making other works, those who have supplied the owner, or other person employed by the owner or his agent, or other person employed by the owner or his agent or sub-contractor, with material of any kind for the construction or repairs of any edifice or other work; those who have contracted in the manner provided by the police regulations to make or put in repair the levees, bridges, canals and roads of a proprietor, preserve their privilege only in so far as they have recorded with the register of privileges in the parish where the property is situated, the act containing the bargain they have made, or a detailed statement of the amount due, attested under the oath of the party doing or having the work done, or the acknowledgment of what is due to them by the debtor.

hundred and thirty-nine Civil Code.

Article three

SEC. 2878. Article three thousand two hundred and forty of the thousand two Civil Code of Louisiana is amended and reenacted so as to read as follows:

The privileges enumerated in the two preceding articles are valid against third persons from the date of the recording the act or evidence of indebtedness; as provided for in the foregoing article, those privileges shall be concurrent.

ENFORCEMENT OF MECHANIC'S LIEN.

bundred and forty of Civil Code.

Cuut may be in

owner of build

SEC. 2879. Every mechanic, workman or other person doing or performing any work toward the erection, construction or finishing 1855-327. of any building in this State, erected under a contract between the Attested acowner and builder, or other person, whether such work shall be certain cases performed as journeyman, laborer, cartman, sub-contractor or other- presented to wise, and whose demands for work and labor done and performed ing by mechanic toward the erection of such building have not been paid and satisfied, may deliver to the owner of such building an attested account of the amount and value of the work and labor thus performed and remaining unpaid, and thereupon, such owner shall retain out of his subsequent payments to the contractor the amount of such work and labor, for the benefit of the person so performing the same.

or laborer, and amount thereof

retained out of contractor.

payments due

which said ao

SEC. 2880. Whenever any account of labor performed on a building erected under a contract as aforesaid, shall be placed in the Manner in hands of the owner or his authorized agent, it shall be his duty to count may be furnish his contractor with a copy of such papers, in order that, if settled or paid. there be any disagreement between such contractor and his creditor, they may, by amicable adjustment between themselves or by arbitration, ascertain the true sum due; and if the contractor shall not, within ten days after the receipt of such paper, give the owner written notice that he intends to dispute the claim, or if, in ten days after giving such notice, he shall refuse or neglect to have the matter

How said accom may be

submitted to arbitration.

Manner in

which payment

may be en

forced.

adjusted as aforesaid, he shall be considered as assenting to the demand, and the owner shall pay the same when it becomes due.

SEC. 2881. If any such contractor shall dispute the claim of his journeyman or other person for work or labor performed as aforesaid, and if the matter can not be adjusted amicably between themselves, it shall be submitted, on the agreement of both parties, to the arbitrament of three disinterested persons, one to be chosen by each of the parties, and one by the two thus chosen, and the decision, in writing, of such three persons, or any two of them, shall be final and conclusive in the case submitted.

SEC. 2882. Whenever the amount due shall be adjusted and ascertained as above provided, and if the contractor shall not, within Di said account ten days after it is so adjusted and ascertained, pay the sum due to his creditor, with the costs incurred, the owner shall pay the same out of the funds, as provideed, and which amount due may be recovered from the owner by the creditor of the contractor, in an action for money had and received to the use of the creditor, and shall be entitled to the same privileges as the contractor, to whose rights the said creditor shall have been subrogated, and to the extent in value of any balance due by the owner to his contractor, under the contract with him at the time of the notice first given as aforesaid, or subsequently accruing to such contractor under the same, if such amount shall be less than the sum due from said contractor to his creditor.

visions to apply

materials.

SEC. 2883. All the foregoing provisions shall apply to the person Foregoing pro- furnishing materials of any kind to be used in the performance of the furnishers of any work, or construction of any building in the State of Louisiana, as well as to work done and performed towards such erection or work, by any mechanic or workman, and the proceedings shall be had on the account duly attested, of such person furnishing materials, and the same liabilities incurred by, and enforced against the contractor or owner of such building or other person, as those provided for work or labor performed.

Owner responsi

ble in certain cases to pay

amount of said

accounts.

Art. 3216 C. C.

Amendment. Privilege of widow and minor ch ldren on deceased husband and

SEC. 2884. If, by collusion or otherwise, the owner of any building erected by contract, as aforesaid, shall pay to his contractor any money in advance of the sum due on said contract, and if the amount still due the contractor, after such payment has been made, shall be insufficient to satisfy the demand made for work and labor done and performed, or materials furnished, the owner shall be liable to the amount that would have been due at the time of his receiving the amount of such work, in the same manner as if no payment had been made.

SEC. 2885. Whenever the widow or minor children of a deceased 1852-171-1 & 2 person, shall be left in necessitons circumstances and not possess in their own right property to the amount of one thousand dollars, the widow or legal representative of the children shall be entitled to demand and receive from the succession of their deceased father or husband a sum which added to the amount of property owned by them or either of them, in their own right, will make up the sum of one thousand dollars, and which said amount shall be paid in preference to all other debts, except for the vendor's privilege, and expenses incurred in selling the property.

father's estate.

The surviving widow shall have and enjoy the usufruct of the money so received from her deceased husband's succession, during her widowhood; afterwards to vest in, and belong to the children or other descendants of said deceased.

mortgage and!

favor of married women.

SEC. 2886. In order to preserve the mortgages or privileges accorded by law in favor of married women for the preservation of 1869–174. their dotal, paraphernal or other rights against their husbands, it Recording of shall be the duty of every married woman, or any person for her, to privileges in cause to be recorded in the mortgage book in the parish or parishes in which her husband may own mortgageable property, the evidence of her mortgage or privilege. If it be in the shape of a public act, or act under private signature, act of partition, judgment or other written act, the same must be recorded in the form now required in recording such acts; and if it be not in the shape of a written act, as above indicated, then a written statement made by the wife, or the husband, or any other person having knowledge of the fact of the amount due to the wife for which she may be entitled to a mortgage or privilege against her husband by existing or any subsequent law, detailing accurately the facts and circumstances on which such claim may be based, which written statement shall be sworn to by the person making it, and duly recorded as above directed. The wife is hereby specially authorized to perform the above acts independent of her husband, and mortgages or privileges so recorded shall only have effect against third persons from the date of their being recorded in the several parishes in which they may be recorded.

1841-58.

signee.

SEC. 2887. Article three thousand two hundred and fourteen shall be so amended that every consignee, commission merchant, agent or 1841-22. factor, shall have a privilege preferred to that of any attaching Art. 3214 C. F. creditor on the goods consigned to him, for any balance due to him, Privilege of com whether specially advanced on said goods or not, provided they, or an invoice or bill of lading have been received by him previous to the attachment. The privilege established by this section shall not have a preference over a privilege preexisting in behalf of a resident creditor of this State.

not subject to

SEC. 2888. The lessee shall be entitled to retain, out of the property subjected by law to the lessor's privilege, his clothes and 1855-313: linen, and those of his wife and family, his bed, bedding and Certain effects bedstead, and those of his wife and family; his arms, military accou- the lessor's trements, and the tools and instruments necessary for the exercise privilege. of the trade or profession by which he gains his living and that of his family.

Additional

SEC. 2889. In addition to the causes for which provisional seizures may now be granted, they may be granted in the following 188-81. case: Laborers on farms or plantations, whether they are employed cause for provi by the month or year, when they sue for their wages, shall have the sional seizure. right to provisionally seize the crop or other thing on which they have a privilege for such employment, by making oath that they verily believe the crop or other thing on which they may have a privilege is about to be removed from the farm or plantation or place where it was raised, or ordinarily belongs; or if it has already been removed, that they verily believe the thing is about to be sold or disposed of so as to deprive them of their privilege.

SEC. 2890. From and after the passage of this act the same 1858-68. privilege shall attach to ships and other vessels for towage as is now Privilege for allowed for pilotage, wharfage and anchorage by existing laws, and towage, be subject to the same prescriptions.

1858-111

cription of priv

SEC. 2891. From and after the passage of this act, the term of Term of pres prescription of privileges against ships, steamboats and other vessels ileges agains shall be six months.

ships, etc.