, 1863-03-10
DtECHANECSANDLABOR
LAW.
An Act for the Better Security of Me-
ehnatcs Erecting Buildings In the
state Of Illinois.

state or IUlnoi1.
s.er1oM !. Bel II enacted BY Ae People ef III.
bly,: that every s,ib~contractor. mechanic, work.
man, or other person, who shalt hereafter. In con-
foraty with nc terms Of the contract between the
owner Of any lot or piece Of ground. or his agent,
furnish any materials IN Building altssGs En- 9oG' Or rs
pnftelanse to sns Seuse Or osher baiidin n IL IL
Counties of Cook, alexander. Union. Peofia. vii.
Paaep Ess3 Ma,on snRn asar9
Fulton, and DeKaIb, la thisstatc. shall
hare = lisn for the value Of snch labor
purtcnanceB, aud upon the lot Of land upon which
the stand to the extent Of the right, title and
interest at that time existing OF such owner IN the
but the aggregate Of all the liens authorized bythi
act to be created, Ehal net exceed the price stpu
lated in the contract between sueh owner and the
original contractor, to be paid for suchfmprove-
ncnt, mad nothing in thia act contained, shall
oblige such owl owner to pay greater sun sum for Or On
or srm sgreed and stipulated to be paid In and bS
such contract.
SIC. :. The. person performing such labor, or
up specifications Of The work By him contracted to
be performed, OF materials 10 be furnished: and
stating the price or prices agreed TO be paid there
writngn srue copy thereofin the office Of tue Clerk
the Circuit Court fthe county wherein the said
house or other building IL situated, and serve no.
within twenty days after making snch contract. OF
l. commencing the Performing Of such labor, OR the
hna Of f9S aha III sad sRa pro-
fcs' and LAbotere' Lien Docket, in which he shall
enter alphabetically the names Of the contractors
Flaaote1s Or other Rer5,ons claiming lien; and
Or materials furnished, and the time of fling such
| specifications or copy Of euch contract, and such
clerk shall in each case, receive the sum Of twcn-
sEc 3, The lien created by this net shall take c-
| feet from the time Of fins the specifications or
eontractas provided by section two Of this act and
said section provided, and sh.ll continue in full
| force for the period Of one year thereafter.
ApS Rssn5 seh aho
therefor by virtue Of this act shall within thirty
HE seeh ae0r hns
ycr to such owner OF his said agent statement in
writing signed by himself and eaid contractor,
saeh issof done, % materials furnished o. IN de- de-
fault Of 60 doing ehau take the necessary legal
proceedings against the contractor to procure an
owing ior such labor. Of materials, Which pro
ceedngs. may be instituted In any couE!
ISi &c Of n The IN s1
like other suits ut Law; and shall serrc the owne,
ofeaid premises or hls said agent with a;cepy q
the summons and notice Of the amount Claimed
|
during the pcndency OF eaid suit, be bar to ths
recovery by the contractor from the owner Of tht
amount claimed in said summons and notice, to
case such pereon shall fall to produce and dcliye
such statement, or take the necessary legal pro
ceedings to adjndicate and settle such claim with
counting and settlement between himself and aucl
contractor, and eerye said owner or his said agen
with copy of the snnmone and notice aforesaid
or shal faii 10 prosecute the proceedings take1
with ehcc: and without unreasonable delay, to 1na
Judgment, he shall forever lose the benefit aud b
| pgec1udea Of his said lein. The amount Of an,
Judgment which may b. recovered by Any eucl
person. for any such labor aud material or tn
; amount which by their written abatement. to b
signed hy them - Aforesaid, shall be specified t
be paid by such owner Or his agent to such pcrso
and whom 70 paid shall be decmed to be paymen
made wit5 the aid M owner @ Or lis sid ascut M and
such owner or his said agent shall refuse neg1ec
to pay such sum after being served with such state
for ten days after being requested SO to do, the
the person owning aud holding tuch statement G
Transcript Of such Judgment, may flc ia the eren
or premises arc situated, his petition against sue
owner for an order or decree TO sell tho said preu
san Pffqps whe of ss ss ts pso
allege under the oath Of the petitioner lat Th:
the defendant ta the ownar OF the property prem
. therein ns near as may be- aud describing the sam
between the owner and the original contractor, NJ
@ to be made. Sd. The nature and amount Of VOL
done: or materials furnished, BY the petitioner q
/, the fnct that sHeh owner o.. bis agent h
!, been duly served with copy Of a stat
- mcnt Of tic amount due TO the petitioner, signt
by such petitioner and contractor, OF copy of Il
transcript or In roF 10 81 safh petto
1t labor done Or materials furnished, and the reus
OF sush one5 OF h; It tg gay the 'A0'
e. And upon tic filing Of such petition, duly =
hed. the clerk Of said cou1t shall issuG sumH1oI
a as now provided By lay n casks Of meehant
G. vided BY law, and said case shall be dockcted 2
IL stand fot .rial and the came proceedings shaI
IT, hcd IN .espect thereto ns are now provided by
r. "a cases Of mechanics TENS.
=, SEC. E. On the trial Of said cause. If the co
y shall be satisfied that the petitioner has COMP
With the requirements .! ;his t sa aGt and taken
Ss!ors pio7ided, tlcp esid c5ari Shall enter T il
lot ment for the amount Of said statement. signed
he aforesaid, By said petitioner and said contract
ad Or for the amount OF the transcript ol
- snfd contractor. and decree or order that
a same be lien upon the said premises or lot Of
as " owner to the extent hereinbeforc provided,
nd eeutien may issue On such Judgment, and &
inga be had upon said Judgment and the cxecut
iesued thereon as arc now provided by Law In ca
10 Of mechanics liens.
~. DEL o. HAeNEfcl any eAlt s4Au w 0f9uSQl
ed airy contractor, snb-contractof aboror, or per
ln- furnishing material, Is hereinbcforc provided
ng this act OF b. the law Of lien as 1t now e3ls.
n this State or the contractor shall upon the
tract, the owner may flc his petition as the ca
~ 70 brought, stating who has liens upon the pr
IN ises, and the proceedings In said cause shall
M stayed until all the parties having such liens
>ur brought before the conrt and when all the par
I'M | interested shall be brought before the court,
70. court snall CAUSE INC 5lGuls o. all tlc p8Et1e
in be adjusted aud render Judgment accord
Il to the rights Of the parties, and cause
~ proper division Of the amount due fl
ar the owner to he made ratably among said sub-t
ar Tractors, 1aborers, and persons furnishing m
Isl riale until they fully paid (should there be
on hcient due from the owner to pay the eamel
or the balance,if any, TO tho contractor, and, Il
h. owner shall desire to hare said claims adjusted
-. may de his petition in the Circuit Court stat
al contraetorr eub-contractors, 1aborcrs. or mate
ny men, and upon the hearing therein the Court 3
determine the amount due from the owner, and
cs- amount due to each Of the other parties, resi-
tre lively, and distribute the amonut due from
~ owner "a hercinbeforc specified Tbs provis
ch Of his act taa apply to S counties e.
tc- nam, Marshall, Noodford, Pulaski. Edgar, Mar
Or Franklin, Henry, Fulton, and De Kalb. and II
tn other part OF the State, and this act shall take
to feet and be in force from and after Its passage.
AID S. A. BUckaAsTEn.
o ~ Speaker Of tho House Of Representative
Gu FHASc1s i. HOFFMAN,
aer Sneaker Of the Seuat
to Approved February II. lSSss3
no R1cup. YATES, Governor.
uId CN11ED STATES OF AAERJcA--Statc Of ulinc
his ss.-I, o. N. Hatch Secretary Of State, Of the
OF Illinois, do hcreby certify that the forcgoiI
true copy Of an enrolled law now on die IN n