Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-02-01

quest, as aforesaid, he shall be liable (
any person Injured, to the amount c
such injury, and costs OF suit.
Bee. 10. Be IL further enacted, Tha
every persoD, except the original con
tractor, who may wish TO avail himsel
Of the benefits Of the provisions OF thi
chapter, shall give ten days. notice
before the filing of the lien, as herein
required, to the owner, owners, or agents
or either of them, that he or they hold
claim against such building or improve
ment, setting forth the amount, aRd from
whom the same Is due.
See. 20. BE IL further enacted, Tina,
In all cases where a lien shall be Oiled
under the provisions Of this chapter, by
any person other than a contractor. /,
shall be the duty OF the contractor 10 de-
fend any action brought %thereupon, at
his W expense; and, during the pend
lag OF such action, the owner may with
hold from the contractor, the amount Of
money for which said lien may be filed ;
and in case Of judgment against the
owner, or his property, upon the lien, he
shall be entitled to deduct from any
amount due by him, to the contractor,
the amount Of such judgments and costs /:
aud n he shall have settled with the
contractor ia full, shall be entitled TO
recover back from the contractor,
any amount so paid by the owner, for
which the contractor was originally the
party liable.
Sec. 81. Be il further enacied, That
every person, including all cestiQue
trusts, for whose immediate use, enjIy-
meut or benefit, any building, erection
or Improvement shall be made, shall te
included by the words "owner,u or
a proprietor y thereof, under this chapter,
not excepting such ss may be minors,
over the age Of eighteen years, or mar.
RED M
See. % Be ii further enacted, That the
liens for work and labor done, or things
furnished, as speeifed, in this chapter,
shall be upon an equal footing, without
reference TO to the date of fling the ac-
count, or lien and in all cases where q
sale shall be ordered, and the property
sold, which may be described in any ac-
count, or lien, the proceeds arising from
such sale, when not sufficient to dis
charge, in full, all the liens against the
same, without reference to the date Of
fling the account or lien, shall be paid
pro rata, on the respective liens, pre-
Tided, such account, or lien, shall have
been filed, aud suit brought, as provided
by this chapter.
Sec. %. Be IL further enacted, That
any contractor, or sub-oOntrsctor, who
shall Purchase materials on credit, and
represent, at the time Of said purchase,
that the same are to be used ia a desig
mated building, or other improvement,
and shall thereafter use, or cause to be
used, the said materials IN the coustruc.
ton Of any building, or improvement,
other than that designated, with intent
to defraud the person from whom the
materials were 80 purchased, shall be
deemed guilty OF a -misdemesnor, and,
on conviction, shall ts punished by a
fine, not exceeding Eve hundred dollars.
All acts, or parts of acts conf citing with
the provisions Of this act, are hereby
repealed.
Sec. "a. Be it further enacted, That
any person who shall make, alter, or
repair, or bestow labor on any article of
personal property, at the request Of the
owner or legal possessoE thereof, shall
have 3 lien on such property, so made,
altered or repaired, or upon which labor
has been bestowed, for his just and rea-
sonaole charges, for the labor he has per-
formed, and materials he has furnished
ard such person may hold aud retain
possession of the anne until such Just aud
reasonable charges shall be paid and If
they be not paid within three months
after ths labor shall have been pslfJrmed,
or the materials furnished, such PERSONS
having slch lien, may proceed t. sell
the property by him 80 MADE, altered, or
repaired, or upon which labor has been
bestowed, at public auction, by giving
public notice of such sale, by ad v~ertise-
ment, for three weeks, in some news
I 9per published In the county or if
there be no such paper in the
county, then, by posting up notice
OF such sale, in three Of the
most public places in the county, .
three Weska before the time of sale and
the proceeds OF such sale shall be first to
the discharge Of such lien, and the costa
and expensrs 0f keeping and selling such
property, and the remainder, il any,
be paid over to the owner thereof 4:
the provisions Of this aud the following
not q Interfere with any special
agreement at parties.
See. % Be 1t further enacted, That
any person who Is q common carrier, sud
any person who shall, at the request Of
the owner or lawful p0ssessor of any per
sOnal property, carry, convey, or iran
port the same from place to another,
end any person who shall safely keep or
any personal property at the re-
4uFhs vi NuS Wv INit VI ARHfui ipeoScoOE
thereof shall have the anne lien and the
power Of sale, for tie satisfaction
Of bis reasonable charges, upon the same
conditions and restrictions as provided in
the preceding sections,
Sec. 20. Be II Jttlher enacted, That all
acts, or parts Of acts, conflicting with the
provisions of this act, are hereby re-
p54iea.
: SO 81 Re II further enaets9 That (
this act shall take effect from aud after
its passage.
The bill has passed q third reading in
the House, and is now before the Senate.
. meeting OF our mechanics will be held
to-night at the Casino rooms, on Adams
near Second street, at hsltpast seven
when such action as may be
deemed necessary in the premises will be
nEEH- rfAW~E.TrE