§ 1170. Defendant may appear, etc. On or before the day fixed for his appearance, the defendant may appear and answer or demur. [Enacted 1953.] § 1172. Showing required of plaintiff in forcible entry or detainer. Of defendant. On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that he was peaceably in the actual possession at the time of the forcible entry, or was entitled to the possession at the time of the forcible detainer. The defendant may show in his defense that he or his ancestors, or those whose interest in such premises he claims, have been in the quiet possession thereof for the space of one (1) whole year together next before the commencement of the proceedings, and that his interest therein is not then ended or determined; and such showing is a bar to the proceedings. [Enacted 1953.] § 1173. Complaint in forcible entry may be amended. When, upon the trial of any proceeding under this Chapter, it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible or unlawful detainer, and other than the offense charged in the complaint, the judge must order that such complaint be forthwith amended to conform to such proofs; such amendment must be made without any imposition of terms. No continuance shall be permitted upon account of such amendment unless the defendant, by affidavit filed, shows to the satisfaction of the court good cause therefor. [Enacted 1953.] § 1174. Judgment, what it shall declare. If, upon the trial, the finding of the court be in favor of the plaintiff and against the defendant, judgment shall be entered for the restitution of the premises; and if the proceedings be for an unlawful detainer after neglect, or failure to perform the conditions or covenants of the lease or agreement under which the property is held, or after default in the payment of rent, the judgment shall also declare the forfeiture of such lease or agreement, if the notice required by § 1161 of the Code states the election of the landlord to declare the forfeiture thereof, but if such notice does not so state such election, the lease or agreement shall not be forfeited. The court shall also assess the damages occasioned to the plaintiff by any forcible entry, or by any forcible or unlawful detainer, alleged in the complaint and proved on the trial, and find the amount of any rent due, if the alleged unlawful detainer be after default in the payment of rent. Judgment against the defendant guilty of the forcible entry, or forcible or unlawful detainer may be entered in the discretion of the court either for the amount of the damages and rent found due, or for three (3) times the amount so found. [Enacted 1953.] § 1176. Effect of an appeal upon the judgment. An appeal taken by the defendant shall not stay proceedings upon the judgment unless the judge or justice before whom the same was rendered so directs. [Enacted 1953.] § 1177. Rules of practice. Except as otherwise provided in this Chapter, the provisions of Part II of this Code are applicable to and constitute the rules of practice in the proceedings mentioned in this Chapter. [Enacted 1953.] § 1178. Appeals, how taken, etc. The provisions of Part II of this Code, relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this Chapter, apply to the proceedings mentioned in this Chapter. [Enacted 1953.] § 1179. Forfeiture, relief against. The court may relieve a tenant against a forfeiture of a lease, and restore him to his former estate, in case of hardship, where application for such relief is made within thirty (30) days after the forfeiture is declared by the judgment of the court, as provided in § 1174. The application may be made by a tenant or subtenant, or a mortgagee of the term, or any person interested in the continuance of the term. It must be made upon petition, setting forth the facts upon which the relief is sought, and be verified by the applicant. Notice of the application, with a copy of the petition, must be served on the plaintiff in the judgment, who may appear and contest the application. In no case shall the application be granted except on condition that full payment of rent due, or full performance of conditions or covenants stipulated, so far as the same is practicable, be made. [Enacted 1953.] § 1179a. Priority of proceedings for recovery of possession. In all proceedings brought to recover the possession of real property pursuant to the provisions of this Chapter, all courts, wherein such actions are or may hereafter be pending, shall give such actions precedence over all other civil actions therein, except actions to which special precedence is given by law, in the matter of the setting the same for hearing or trial, and in hearing the same, to the end that all such actions shall be quickly heard and determined. [Enacted 1953.] TITLE III Enforcement of Liens Chapter I. Liens in General. II. III. Liens of Mechanics and Others Upon Real Property. IV. General and Procedural Provisions. § 1180. Definition of lien. A lien is a charge imposed upon specific property, by which it is made security for the performance of an act. [Added by P.L. 6-133, effective July 26, 1962.] § 1181. § 1182. § 1183. § 1184. § 1185. CHAPTER II Liens of Mechanics and Others Upon Real Property Mechanics, to have lien for value of labor. "Work of improvement"; "improvement"; contractor, deemed agent. Land subject to lien: building deemed constructed, at owner's instance: interest subject to lien: notice of nonresponsibility: posting, filing, time for: requisites of notice: verification. Liens on lots for improvements. Nature and limitations of lien: filing contracts or modification: bond of contractor: intent and purpose of section. § 1186. Amount recoverable by contractor: defense of action on lien: withholding amount of lien: deduction or recovery of excess of judgment and costs: owner's act not prevention of performance or exoneration of sureties. § 1187. § 1188. Waiver or impairment of claims or liens of others; written consent. Mortgage or deed of trust inferior to liens arising out of work of im § 1189. provement upon property: filing bond: priority: requisites of bond: liens not within application of section. § 1190. Improvements provided for by separate contract: preferences. § 1181. Mechanics, to have lien for value of labor. Mechanics, materialmen, contractors, subcontractors, artisans, architects, registered engineers, licensed land surveyors, machinists, builders, teamsters and draymen, and all persons and laborers of every class performing labor upon or bestowing skill or other necessary services on, or furnishing materials to be used or consumed in, or furnishing appliances, teams, or power contributing to, the construction, alteration, addition to, or repair, either in whole or in part, of any building, structure, or other work of improvement shall have a lien upon the property upon which they have bestowed labor or furnished materials or appliances for the value of such labor done or material furnished, and for the value of the use of such appliances, teams, or power, whether done or furnished at the instance of the owner or of any person acting by his authority or under him, as contractor or otherwise. [Added by P.L. 6-133, effective July 26, 1962.] § 1182. "Work of improvement": "improvement”: contractor, deemed agent. (a) For the purposes of this Title, "work of improvement" includes, but is not restricted to, the construction, alteration, addition to, or repair, in whole or in part, of any building, wharf, bridge, ditch, flume, aqueduct, well, tunnel, fence, machinery, railroad, or wagon road, the seeding, sodding, or planting of any lot or tract of land for landscaping purposes, the filling, leveling, or grading of any lot or tract of land, the demolition of buildings, and the removal of buildings. (b) For the purposes of this Title, except as otherwise provided herein, "work of improvement" and "improvement" mean the entire structure or scheme of improvement as a whole. (c) For the purposes of this Title, every contractor, subcontractor, architect, builder, or other person having charge of the construction, alteration, addition to, or repair, in whole or in part, of any building or other work of improvement shall be held to be the agent of the owner. [Added by P.L. 6-133, effective July 26, 1962.] § 1183. Land subject to lien: building deemed constructed, at owner's instance: interest subject to lien: notice of nonresponsibility: posting, filing, time for: requisites of notice: verification. (a) The land upon which any building, improvement, well or structure is constructed, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof, to be determined by the court on rendering judgment, is also subject to the lien, if at the commencement of the work, or of the furnishing of the material for the same, the land belonged to the person who caused said building, improvement, well or structure to be constructed, altered or repaired, but if such person owned less than fee simple estate in such land, then only his interest therein is subject to such lien, except as provided in paragraph (b) of this section. (b) Every building or other improvement or work mentioned in this Title, constructed, altered, or repaired upon any land, with knowledge of the owner or of any person having or claiming any estate therein, and the work or labor done or materials furnished mentioned in any of said sections, with the knowledge of the owner or persons having or claiming any estate in the land, shall be held to have been constructed, performed or furnished at the instance of such owner or person having or claiming any estate therein, and such interest owned or claimed shall be subject to any lien filed in accordance with the provisions of this Title, unless such owner or person having or claiming any estate therein shall, within ten (10) days after he shall have obtained knowledge of such construction, alteration or repair or work or labor, give notice that he will not be responsible for the same by posting a notice in writing to that effect in some conspicuous place upon the property, and shall also, within the same period, file for record a verified copy of said notice in the Department of Land Management. Said notice shall contain a description of the property affected thereby sufficient for identification, with the name, and the nature of the title or interest of the person giving the same, name of purchaser under contract, if any, or lessee if known; said copy so recorded may be verified by anyone having a knowledge of the facts, on behalf of the owner or person for whose protection the notice is given. [Added by P.L. 6-133, effective July 26, 1962.] § 1184. Liens on lots for improvements. Any person who, at the instance or request of the owner (or any other person acting by his authority or under him, as contractor or otherwise) of any lot or tract of land, grades, fills in, or otherwise improves the same, or the street, highway, or sidewalk in front of or adjoining the same, or constructs or installs, sewers or other public utilities therein, or constructs any areas, or vaults, or cellars, or rooms, under said sidewalks, or makes any improvements in connection therewith, has a lien upon said lot or tract of land for his work done and materials furnished. [Added by P.L. 6-133, effective July 26, 1962.] |