Liens for wages; collection; priorities; recording
Sec. 16. (a) The miners and other persons employed and working
in and about the mines, and others interested in the rental or royalty
on the coal mined therein, shall have a lien on said mine and all
machinery and fixtures connected therewith, and everything used in
and about the mine for work and labor performed within two (2)
months, and for royalty on the coal mined for any length of time not
exceeding two (2) months; and such liens shall be paramount to, and
have priority over all other liens, except the liens of the state taxes;
and such liens shall have priority, as against each other, in the order
in which they accrued, and for labor over that for royalty on coal.
(b) Any person to acquire such lien, shall file in the recorder's
office of the county where the mine is situated, within sixty (60) days
from the time the payment became due, a notice of his intention to
hold a lien upon such property for the amount of his claim, stating in
such notice the amount of his claim, and the name of the coal works,
if known, or any other designation describing the location of said
mine; and the recorder shall record the said notice, when presented,
in a book used for recording mechanics' liens, for which the recorder
shall receive the fee set forth in IC 36-2-7-10.
(c) Suits brought to enforce any lien herein created shall be
brought within one (1) year from the date of filing same, in the
recorder's office; and all judgment rendered on the foreclosure of
such liens shall include the amount of the claim found to be due with
the interest on same from the time due and with a reasonable
attorney's fee, the judgment to be collected without relief from
valuation, appraisement or stay laws.
(Formerly: Acts 1955, c.168, s.99.) As amended by P.L.5-1988,
SEC.118.
Last modified: May 27, 2006