The workingman's advocate. [volume] (Chicago [Ill.]) 1864-1877, 1869-01-30
MECHANICS LIEN LAW.


Mr.. d. Vaughan, Chairman of the Commi,te
appointed to draft lien Law to be submit ed {
the Legislature, reported the following:
SEcTIoN l. Be it enacted bs the eope .
the State OF Illinois, represented ia the genera
assembly, that every no contractor, mechanic
worklngman O. other person who shall hereai
ter, in conformity with the term Of the contrac
betwee y the owner or lessee OF any lot, or piec
Of grou q, or his agent, and the original con
tractor, perform any labo- or furnish any ma
Ieriels 10 building, slterir (, repairing, beauty
ing Or 9rnamentiag any house or other .ilding.
or any street or alley, and connected with sucI
building or appurtenance TO aEy house Or othe
building. in this State, shall have lien foI III,
value Of such labor and materials upon suel
house or building and appurtenanees, aud upor
the lot Of land upon which the same stands, 4
the extent # the right, title, and interest o
such owner OF lessee, at the time of the making
! of the original contract for SD n house or the
improvements Bat the aggregate OF al thf
/ liens hereby authorized shall not exceed 81
price contract between such owner or lessee
aud the original contractor fer such improve
menis in no case shall the owner or lessee
be compelled to pay greater sum for or on
account OF, such house, building. OF otter i'm
proyement, than the price sum stipulate ia
said original contract or agreement
SIC 2. The person performing such labor
or furnishing such materials. shall cause no
tice ID writing to be served On such owner OF
'ssee. Or hts agent, substantially il the follow
Ing form.
I" 10 -- -: You are hereby notified that
| an Or have boen employed by - a. !.
laborer, Or have furnished material or am Al )ut
60 furnish material for YOUR house or builuing.
aud that I shall bold the house, building, and
our interest ID tire gr0ua1 liable for my sery-
lees thereon"
IL there sha. be a contract IN writing be-
tWeen the Original contractor and the sub con
tractor copy Of each sub contract shall be
served, with each notice attached thereto, nieh
notice shall bo served within ten DAYS from the
completion of Snch sub contract, OF within ten
days after payment should have cen M de to
tue pereon perlo. .niug uch labos, or furnishing
such material.
Skc. s, Ia all cases were the owner or lessee
cannot be found in she co-ntry in which said
lnpr, ,emeuts shall be made or shall not reside
theeiu the person furnishing labor or material
shall file aid notice ID the office Of the clerk
Of ths chN Il court, aud the CLERK Of the circui /
court shall enter 10 BOOK % b. kept tor that
plrpOse, alphabetically, the names u the own
ers or lessees, and opposite thereto the names
Of the persons claiming liens a copy ~ said
notice shall be published ID some newspaper
printed ID said county for four sucaess 1--WE weeNs
after bling such notice with the clerk AZ af0re-
said. a, however, III. re snail ~ 10 paper
published in sad county then the claimant "
lien shall post tou- notices III four ut tile NJ 4
public places III the vicinity of sid improve
meets
Sac 4. The original contractor shall IS often
as requested by the owIer or lessees OF his
agent, make out aud give TO him settlement
Of che number Of persons in his employ, AMI
sub contract, it with whom, aud the rate and
terms OF contract and how much, Il anything
is due to them, or any OF them, winch state
ment shall be made under oath if required.
SEo. s. Aud if the money due to such person
shall not be paid within IN DAYS ,'tef the serv-
ing said notice as atOresa d, Of within Zen DAYS
.fter the money shall become do. aud pa yable.
then such person may confluence suit therefor,
Ia any court having jurisdiction, 1t the amount
claimed 70 b. due against she contractor, or
owner, u- l.s-Ae, execution Cd issue thereoa as
10 other -asts Ii execution l. sued on iudg
mems % famed before = Justice of The peace
shall be returned nOI satisfied, a transcript or
such judgment may be taken % the circnIt court
and spread upon tie records, ana have all the
force and effect Of judgments obtained in ~
circuit court, aud execution issued thereon ~
III other cases.
SEC g. Whenever any suit shall b. brought
BY any laoOrer, the court shall allow, Il before
a justice Of the peace, S., and in 20 rts Of
record SIS, attorney fees If iudgml ID shall be
given against tie defendant, which fees shall
be part OF the costs in suit
SIC. 7. Should the original contractor for
any cause tail to complete his contract, any
person entitled TO a lien, aforesaid, may file
bis petition IN any court OF reco d, setting forth
the nature Of bis claim, and the name OF she
parties employed on such house or other inn
provement, aud notice shall be seryed GA the
person therein named, and such shall appear
shall have their claims adludicated, aHd decree
shall be entered against the owner or lessee for
so much a. he work and Material shall. De sea
sonablv worth, according 70 tht original con
tract pri, e, FIRST deducting 80 much as shall
have been ngbslully paid On said original con-
tract by the owner or lessee, the balance 70 BE-
divided bcts cen such claima d ID proportion
d their respective interests. the preu scs 20 be
s0id within 10 days from date 81 such decree.
After lengthy discussion, tie document vac
referred back 10 the committee. with power u
act. At the conclusion Of tie reading " this
speech, Mr. Vaughan addressed tie injecting,
explaining the various sections of the report Of
tie committee Aid. R.fferty vas strongly il
favor o. a mechanic lien law, although not Ger
tain That the proposed bill covered the entire
ground labor be thought should always be pro
tected against capital, and the poor n.an was
worthy Of his hire. After considerable discus
cussion. NJ ". w. Smith moved that the re
port be referred hack t. the committee for such
amendments a. they may suggest, and that the
president Of this meeting be added TO said com
mttee. Adopted.