The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1860-08-25
LAWS OF KANSAS.
Mechanics, Lien Act.

| AN ACT to create Lien in favor Of Mechanics
and others.
Be enacted 6y the Gouernor and legislative Assem-
| big of Kansas Territory:
SECTION !. That any person who shall
perform labor, or furnish material, or ma
chinery for constructing, altering or re-
pairing any boat, water craft, or for
erecting or repairing any house, mill, man
ufactory, or other building or appurtenance,
| by virtue of any contract or agreement with
| the owner thereof, shall have lien to secure
the payment of the same upon such boat,
vessel or other water craft, and upon such
house, mill. mandatory, or other building
or appurtenance, and the lot of land upon
| which the same shall stand.
SEC. 2. That every mechanic, artisan, or
| other person. doing or performing any work
toward the erection or repair Of any house,
mill, mandatory, or other building or ap
purtenance. or the construction, alteration
or repair of any boat, vessel, or any other
water craft, erected under contract or
agreement. between theeperson who shall
| furnish material for the construction of such
building or vessel, whose demands for work
SO done, or material so furnished, have not
been paid and satisfied, may deliver to the
owner of such building or vessel an attested
amount account of the amouut and value
of the work and labor thus perfsEmed. or
the materials thus furnished aua femaining
unpaid and therefor such owner shall re-
turn retain out of his subsequent pay
menls to the contractor, the amount of such
work and labor or material furnished, for the
benefit of the person so performing or fur
nishing the same.
Sec. 3. Whenever any account of labor
performed, or material furnished, as referred
to in the preceding sections. shall be placed
in the hands of the owner of any building
or vessel, as above stated, or his authorized
agent, it shall be the duty of such owner or
agent to furnish his contractor with copy
of such papers, so that, if there be any dis
agreement between such contractor and his
creditor, they may am;cably adjust, or by
! arbitration ascertain the true sum due ; and
| if the contractor shall not within ten days
after the receipt of such papers, give the
owner written notice that he intends to dis
pute the claim or if, in ten days after CIV
! ing such notice, he shall refuse or neglect
to have the matter adj usted as aforesaid, he
shall be considered as asserting TO the de-
mand, and the owner shall pay the same
when it becomes due.
Il SEC. 4. That, if the contractor shall dis
pute the claim of his journeyman, or other
person, for work done or material fuTnished
as aforesaid, and the matter cannat be adj
justed between themselves, it shall be sub
mtted to the arbitrament of three disinter-
ested persons, one to be chosen by each of
the parties, and one by the two thus chosen;
and their decision. or the decision of any
two of them, shall be conclusive in the case
submitted.
SEC. S. That, when the account shall be
adjusted as above provided, and the con-
tractor shall not, within ten days after it is
: so adjusted, pay the same to his creditor,
with the costs incurred, the owner shall pay
the same out of the funds as above provided;
/ and which amount due may be recovered
! from the said owner, by the creditor of the
said contractor, and to the extent in value OF
t any balance due by the owner to his con-
tractor, 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 auditor creditor.
SEC 6. That, if by collision or other
wise, the owner of any building or vessel,
! erected by contract, as aforesaid, shall pay
to his contractor any money IN advance Of
the sum due on said contract, and if the
e payment has been made, shall be insufficient
7 to satisfy the demand made in conformity
with the provisions of this act, for labor
e done and materials furnished, the owner
e shall he liable to the amount that would hav,
: been due at the time of his receiving The
, amount of such work or materials, in tbs
same manner as if no such payment hac
= been made.
( SE0 hi n
' lien under this act, shall make out an ac
: count, in writing, OF the items of labor
) skill, material and machinery furnished, o.
g either of them, as the case may be; and
, after making oath thereto that, within fou
It months from the time of performing sucl
n labor and skill, or furnishing such materia
e and machinery, shall file the same in tb'
n Office of the Register of Deeds of the county
r in which such labor, skill and materials
It shall have been furnished which account
It so made and fled, shall be recorded IN
y separate book, to be provided by the Regis
! ter for that purpose, and shall, from tn
e commencement of such labor, or the fur
e nishing of such material, operate as iei
f on the several descriptions of structures ant
e buildings, and the lots on which they stand
# in the first section of this act named
e When any labor has been done or materia
e furnished. as provided on written contract
n the same or copy thereof shall be file
: with the account herein required.
J. SEC. 8. That any person or persons hold
e ing such lien, may proceed to obtain judg
d ment for the amount of his or their accoun
I'll thereon. according to the course of lega
= proceedings in like cases; and when an.
> suit or suits shall be commenced on srcl
It accounts, within the time of such lien.
g lien shall continue until such suits be final
o ly determined and satisfied.
: SEC. g. That, when the owner or owner
y of any house or building, described in Ii
6rst section Of this act, shall suspend it
progress or completion. without the consen
It of such laborers, mechanics or furnishers
r or if the completion of the same shall b
). suspended by the deeease of the owner Q
e owners, at stage when, from It's unfnishei
n state, such structure would go to waste, To
o laborers, mechanics and furnishers thereto
p ar of them may. their discretion