have been done and furnished at the personal instance of the owner and they shall have a lien for the value thereof. En. Stats. 1885, 146. Cal.Rep.Cit. 91, 365; 91, 366; 106, 235. § 1203. Bond of contractor to be filed. Every contract required to be filed under the provisions of this chapter shall be accompanied by a good and sufficient bond in an amount equal to at least twenty-five per cent. of the contract price, which said bond shall be filed at the same time and in the same manner as herein provided for the filing of such contract or memorandum thereof. Said bond shall, by its terms, be made to inure to the benefit of any and all persons who perform labor for or furnish materials to the contractor or any person acting for him or by his authority; and any such person shall have an action to recover upon said bond, against the principal and sureties, or either of them, for the value of such labor or materials, or both, not exceeding the amount of the bond; but such action shall not affect his lien nor any action to foreclose the same, except that there shall be but one satisfaction of his claim, with costs and counsel fees. Any failure to comply with the provision of this section shall render the owner and contractor jointly and severally liable in damages to any and all materialmen, laborers and subcontractors entitled to liens upon the property affected by said contract. En. Stats. 1885, 147. Rep. 1887, 155. En. 1893, 202. Cal.Rep.Cit. 127, 387; 128, 145; 128, 146; 128, 147; 128, 667; 128, 668; 128, 669; 129, 394; 133, 374; 136, 57; 136, 126; 138, 544; 138, 546. 1204. § 1205. § 1206. 1207. CHAPTER III. CERTAIN LIENS FOR SALARIES AND WAGES. Wages and salaries preferred claims in cases of assign- Priority of wages in case of death of employer. § 1204. Wages and salaries preferred claims in cases of assignments. In all assignments of property made by any Code Civ. Proc.-39. person to trustees or assignees, on account of the inability of the person, at the time of the assignment, to pay his debts, or in proceedings in insolvency, the wages and salaries of the miners, mechanics, salesmen, servants, clerks, laborers employed by such person or any other person, who renders services or performs work to the amount of one hundred dollars each, and for services rendered within sixty days previously, are preferred claims, and must be paid by such trustees or assignees before any other creditor or creditors of the assignor. En. March 11, 1872. Am'd. 1873-4, 352; 1893, 97. Cal.Rep.Cit. 84, 559; 125, 417. Assignments for benefit of creditors: 3449-3473. Civ. Code, secs. § 1205. Priority of wages in case of death of employer. In case of the death of any employer, the wages of each miner, mechanic, salesman, clerk, servant, laborer, or any other person who renders services, or performs work for services rendered within the sixty days next preceding the death of the employer, not exceeding one hundred dollars, rank in priority next after the funeral expenses, expenses of the last sickness, the charges and expenses of administering upon the estate, and the allowance to the widow and infant children and must be paid before other claims against the estate of the deceased person. En. March 11, 1872. Am'd. 1873-4, 352; 1893, 97. Cal.Rep.Cit. 122, 463. Estates of deceased persons, payment of debts, generally: Post, secs. 1643 et seq. § 1206. Same, in cases of execution or attachment. In cases of executions, attachments, and writs of a similar nature, issued against any person, except for claims for labor done, any miners, mechanics, salesmen, servants, clerks and laborers, or any other person who renders services or performs work, who have claims against the defendant for labor done or work performed, may give notice of their claims, and the amount thereof, sworn to by the person making the claim, to the creditor and the officer executing either of such writs, at any time before the actual sale of property levied on, or, in the event of a levy upon money, at any time before the transfer of such money under execution; and, unless such claim is disputed by the debtor or a creditor, such officer must pay to such person, out of the proceeds of the sale, or in the event of a levy on money, out of such money, the amount each is entitled to receive for services rendered within the sixty days next preceding the levy of the writ, not exceeding one hundred dollars. If any or all of the claims so presented and claiming preference under this section are disputed by either the debtor or a creditor, the person presenting the same must commence an action within ten days for the recovery thereof, and must prosecute his action with due diligence, or be forever barred from any claim or priority of payment thereof; and the officer shall retain possession of so much of the proceeds of the sale or money as may be necessary to satisfy such claim until the determination of such action; and in case judgment be had for the claim, or any part thereof, carrying costs, the costs taxable therein shall likewise be a preferred claim with the same rank as the original claim. En. March 11, 1872. Am'd. 1873-4, 352; 1893, 87. Cal.Rep.Cit. 63, 382; 63, 383; 81, 271; 81, 273; 83, 223; 83, 224; 115, 145; 115, 147; 115, 148; 115, 149; 122, 533; 128, 43; 128, 44. § 1207. Dispute of claim or portion thereof-costs. The debtor or creditor intending to dispute a claim presented under the provisions of the last section shall, within ten days after receiving notice of such claim, serve upon the claimant and the officer executing the writ a statement in writing, verified by the oath of the debtor or the person disputing such claim, setting forth that no part of said claim, or not exceeding a sum specified, is justly due from the debtor to the claimant for services rendered within the sixty days next preceding the levy of the writ. If the claimant bring suit on a claim which is disputed in part only and fail to recover a sum exceeding that which was admitted to be due, he shall not recover costs, but costs shall be adjudged against him. En. Stats. 1883, 47. Cal.Rep. Cit. 83, 223; 115, 145; 128, 44. 1209. 1210. 1211. § 1212. § 1213. 1214. § 1215. 1216. 1217. § 1218. § 1219. 1220. § 1221. TITLE V. OF CONTEMPTS. What acts or omissions are contempts. Re-entry on property after eviction, when a contempt. A warrant of attachment may issue or a notice to show cause. Bail may be given by a person arrested under such war rant. Sheriff must, upon executing the warrant, arrest and detain the person until discharged. Bail bond, form and conditions of. Officer must return warrant and undertaking, if any. Judgment and penalty, if guilty. If the contempt is the omission to perform any act, the person may be imprisoned until performance. If a party fail to appear, proceedings. Illness sufficient cause for non-appearance of party arrested. Confinement under arrests for contempt. 1222. Judgment and orders in such cases final. The § 1209. What acts or omissions are contempts. following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court: 1. Disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to interrupt the due course of a trial or other judicial proceeding. 2. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due course of a trial or other judicial proceeding. 3. Misbehavior in office, or other willful neglect or violation of duty by an attorney, counsel, clerk, sheriff, coroner, or other person, appointed or elected to perform a judicial or ministerial service. 4. Deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding. 5. Disobedience of any lawful judgment, order or process of court. 6. Assuming to be an officer, attorney, counsel of a court, and acting as such, without authority. 7. Rescuing any person or property, in the custody of an officer, by virtue of an order or process of such court. 8. Unlawfully detaining a witness, or party to an action, while going to, remaining at, or returning from the court where the action is on the calendar for trial. 9. Any other unlawful interference with the process or proceedings of a court. 10. Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness. 11. When summoned as a juror in a court, neglecting to attend or serve as such, or improperly conversing with a party to an action, to be tried at such court, or with any other person, in relation to the merits of such action, or receiving a communication from a party or other person in respect to it, without immediately disclosing the same to the court. 12. Disobedience by an inferior tribunal, magistrate, or officer, of the lawful judgment, order, or process of a superior court, or proceeding in an action or special proceeding contrary to law, after such action or special proceeding is removed from the jurisdiction of such inferior tribunal, magistrate, or officer. Disobedience of the lawful orders or process of a judicial officer is also a contempt of the authority of such officer. But no speech or publication reflecting upon or concerning any court or any officer thereof shall be treated or punished as a contempt of such court, unless made in the immediate presence of such court while in session, and in such a manner as to actually interfere with its proceedings. En. March 11, 1872. Am'd. 1891, 6. 90,556; Cal.Rep. Cit. 47, 133; 53, 207; 64, 345; 64, 439; 65, 192; 67, 645; 69, 4; 69, 17; 69, 543; 69, 585; 84, 55: 94, 334; 99, 361; 119, 422. Subd. 364, 438; Subd. 473, 241. Subd. 590, 556; 99, 529. 64, 598. Subd. 964, 438; 69, 31; Subd. 10-70, 53; 72, 512. Subd. 6 99, 529. Prac. Act, sec. 480. En. April 29, 1851. Cal.Rep.Cit. 7, 182. Powers of courts: Ante, secs. 128, 177, 178. Juror willfully failing to attend: Ante, sec. 238. 85, 607; Dispossession of party placed in possession under pro cess: Post, sec. 1210. |
