The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-03-24


mouse or other building, or any portion thereof.
snail nave been constructed under contract or con
tracts entered into by the owner thereof or bis or
ner agent, with any person or persons, no person
VINO may have done work for such contractor or
contractors, or furnished materials to him. or on
his order or authority, shall have or possess any
lien on salu house or other building for work done
or materials 80 furnished unless the person or per-
sons employed BY such contractor to do work on or
furnish materials for, such building shall. within
thirty days after being employed, give notice
in writing, to the owner or owners of such build
lng or to his or to their agent that he or they
SO employed to work or to furnish materials and
that they claim the benefit of the lien granted by
this act
Does master builder, undertaken or contrac-
tor, who undertakes by contract with the owner to
erect building, or some part or portion thereof
on certain TERMS come vithin the letter or spirit
OF this act, or within any of the classes enurner-
ated as entitled to this special remedy? Such per-
sons nave an opportunity and are capable of OBJ
tanning their own securities. They do not labor
as mechanics, but superintend work done bv nth
ers. They are not tradesmen in lumber or other
materials for building, but employ others to fur
nish materials. If such contractor should bv ac
cldent be carpenter, or an owner or vender of
lumber, yet he deals not with the owner in this
capacity, but as undertaken who has coyena nted
for his own securities
The title to this act shows it's policy and inten
ton. 1t is to secure to smechanics and others
payment for labor done and materials found.', and
the persons enumerated in the first section are
plainly those mechanics and tradesmen whose
personal labor or property have been incorporated
into the building, and not the agents. supervisors
u 1,n or contractors who employed them.
The act contemplates two conditions under which
such labor and materials may have been furnished:
First on the order Of the owner, who may act with
out the Intervention of any middle man, and thus
become indebted directly to his mechanics and
traoesnen; or, secondly, when they have been
furnished on the order Of a contractor or under
taker. In such cases, the mechanic, or material
man, if he intends to look to the credit of the
building, and not to that of the contractor with
whom he deals, must give notice to the owner
of the building within thirty days of his intention
to claim this security. The contractor, though
mentioned In the act, is not enumerated among
those entitled to its benefit. The aim and policy
OF TINS act Is also obvious. Experience has shown
that mechanics and tradesmen who furnish labor
and materials for the construction of buildings
are often defrauded by insolvent owners and dis
honest contractors. Many build houses on specu
iatlon, and, after the labor of the mechanic and
the materials are incorporated into them the own.
er becomes insolvent and sells the building or en-
cumbers them with liens; and thus one portion of
his creditors are paid at the expense of the labor
and property of others. Or, the solvent owner,
who builds by the agency of contractor or
middle man, pays his price and receives his
building, without troubling himself to inquire
what has been the fate of those whose labor or
means have constructed it These evils required
remedy, and such one as is given BY this act
Its object is not to secure contractors, who can
take care OF themselves, but those who may suffer
loss by confding in them. 1t is not the merit of
the contractor that gave rise to the system, but
the protection of those who might be wronged by
him, If the owner were not compelled thus to
take care of their interests before he PAYS away the
price stipulated. But the contractor ia neither
within the letter nor the spirit of the act
question has been made in the argument whe.
Their the act of Maryland of 18th Of December,
1871, formerly in force in this District ia supplied
or repealed by the act of Congress now under con-
sideration. But as the proceedings in this case
are not within or under the act of MARYLAND. the
question is not before US for decision. The plain
tilt claims his right to support this proceeding un.
der the act OF Congress alone, and if that fails him.
bis only recourse is to his action on his contract
That he has mistaken his remedy the Court enter
tain no doubt.
1t precedent were needed to justify this con.
struction of the act of Congress, it may be found
in the reports of the supreme court of PennsyIva-
ma where similar legislation has always received
Watts and Sergt., 267; Heats vs Patterson, S
W. and S 537, &C., &C., &c.)
NATIONAL THEATRE Tonight is set apart for
a beneht to the popular comedian, Mr.. Henry C.
Jordan. A decidedly attractive entertainment is
ofered-"All that Glitters is not Gold,' sRobert
Macaire,'' and the ssJacobite.'' Mr.. Jordan will
be assisted by the services of his
Mr.. Charles Burke; and the bill, aside from the
merits of the beneciare, is one which should COM
mand large attendance.
We have received note on the subject from a
visitor to the theatre, which we subjoin:
"Jordan's Beneft.-lt is deemed sufficient mere
ly to call attention to the fact that this popular
and humorous comedian, who has for two long
seasons sustained the comic role of the National
Theatre with SO much credit and applause, an
nounces his second annual benefit this Thursday
evening. MIR. Jordan is a modest man, of great
merit, and deserves rousing benefit He offers
attractive bill and it is hoped that the numerous
habitues OF the theatre, who have been for long
a time amused and delighted by his comcalities
and .drolleries, will remember to turn out this
evening in full force and render justice to clever
and meritorious actor"
KENDALL AND DIcKINsoN's ETHIOPIAN MIN.
sTRELs.-This delightful troupe, composed OF
fourteen persons, having performed thirteen con-
secutive weeks in Baltimore, will make their
appearance in this city in the course of the ensu-
ing week. In addition to their ninstrelsy, they
introduce limitations of the celebrated Chinese
jugglers, which are said to be better than the
originals. Their African statuary is severe upon
the risibles of an auditory, and their breakdown
dances create "infnite mirth'' to the admirers of
Terpsichore. We anticipate some pleasant even
ings anon.
BUILDING OPERATIONS have commenced in va
rious parts of the city. Brick and frame houses
starting up in various directions, while hume.
rous piles of prick and mortar and hewn tim Der
indicate that more are to follow. We would sug-
gest caution, however, to those interested, not
unnecessarily to block up the public thoroughfares,
as our efficient Mayor will not be likely to coun-
tenance any infractions of the ordinance which
limits building materials TO one third of the street.
RESIDENCES OF DISTINGUISHED OrrIcERs.-We
learn that the Secretaries OF State, of War; and the
Postmaster General either have made, or certainly
intend making, their residence in our pleasant sis
ter city of Georgetown. The Hon. R. Toombs
has, we understand, leased the large and beautiful
mansion and grounds on the heights, the residence
of the late Colonel Carter. For healthiness and
picturesque beauty the heights ofo Georgetown
have few equals anywhere, and superior nowhere
National Inteliigencer.
TINE COMPLETION OF "MY NOVEL" by
i Bulwer. 81 cents.