Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1873-01-29

Protection Of Sub Contractors, La
bOrers, clearinghouse Keepers
and Material Men, in their claims
against Railroad Companies and
Contractors.
The following lisa copy of the bill in
troduced by Senator Jones, ofthis coun-
ty, in the State Senate. and which passed
that body a few days since. The House
has yet to act upon the bill. 1t reads as
follows:
SECTION 1. Be Il enacted BIZ The Gene
rat assembly of the State Of Ohio: That
any person who shall hereafter, as sub
contractor or material man, furnish to
any contractor with any railroad corpo-
ration for b construction of a public
railroad or any part thereof in progress
OF construction, any materials, supplies
or other article or thing used or to be
used in the construction of such rail-
road, or any such person who shall fur
nish boarding for such contractor for the
persons employed by him in the ron
struction ofsuch railroad, and such con-
tractor shall be indebted therefor, or am
person who shall do and perform
work or labor for such contractor, in the
construction of such railroad, and such
contractor shall be indebted to any such
labOrer for sixty or any less number of
days labor performed, as aforesaid, such
sub-contractor, laborer, boarding-house
keeper, or material man, NAV give no.
tice of Indebtedness to said railroad cor
poration, in the manner herein provid-
ed, n said railroad corporation shall
thereupon become liable to pay such
sub-contractOr, iaborer, clearinghouse
keeper, or material man, the amount so
due him for such labor, materials, sup
plies, boarding, or article or thing fur.
nished, and an action may be maintained
against such corporation therefor /; Pro-
vided, that if the aggregate amount OF
such Indebtedness of which the corpora
ton shall have been notified as herein
provided, shall exceed at any one time
the total amount for which such corpo-
ration shall be liable to such contractor,
then all such claimants or creditors shall
share pro rata in the amount so owing
from such corporation to such contract
or.
SEC. ?. Such railroad corporation shall
be authorized to retain in their hands
and withhold from the amount owing to
said contractor an amount sufficient to
pay the said Indebtedness, of which no.
tice has been given as herein provided,
and to pay such sub-contractor, laborer.
clearinghouse keeper, or material man
the amount of their respective claims,
upon proper proof of the same, and
such payment shall be good aud valid as
against such original contractor in favor
of SAID corporation.
SEC. s. Said notice, provided for in
section one, shall be given by such
claimant to said corporation within thir-
ty days after such work and labor has
been performed, materials, boarding or
supplies furnished, for which such claim
is made, which notice shall be in writ
ing. and if for materials, boarding or
supplies, shall have attached thereto an
iteniZed bill or account thereof and the
name of the contractor 10 whom fur
nished, aud if for labor a statement of
the month ard particular days of the
month upon which such labor was per-
formed and remains unpaid, the price
per day, the amount due, the name of
the contractor from whom due; and the
section or portion of the road upon
which the same was performed, to which
notice and statement or bill and account,
so made as aforesaid, shall be annexed
an affidavit Of the claimant or his attor-
ney to the effect that Of his own know
ledge the matters contained in such no.
tice, statement, bills or accounI thereto
attached, are in all respects true.
SEC. /. A copy of such notice, state
ment, and bills or accounts so verified
shall be served upon the president or
secretary of such corporation, or upon
any engineer, superintendent or agent
OF such corporation having charge of the
portion of the work within the county
where such labor was performed or such
nished, either personally or by leaving
a copy thereof at the Office or usual
place of business OF such engineer. su-
psrintendent or agent.
SEC. 5. If the money due the claimant
having given notice Is aforesaid shall
not be paid within thirty days from the
time of the service OF such notice, he
NAV bring suit therefor in any court
having jurisdiction thereof, against the
railroad corporation with which such
contract was made, or he may bring suit
against such railroad corporation and
contractor jointly, and proceed therein
TO judgment and execution, as in other
cases, but no action shall be maintained
against any railroad corporation under
the provisions of this act, unless the
same is commenced within twenty DAYS
from the time when the claiment is au-
S4oAA ~ AhC BAOHAoiCAo VI MS cEO
ton to bring suit.
SEC. 6. If execution, issued on a iudg-
ment obtained before q justice of the
peace, shall be returned unsatisfied in
whole or in part, a transcript of such
Judgment may be filed with the clerk of
the court of common pleas of the proper
County, and said clerk shall enter the
same in the execution docket of said
court, and said judgement shall have
thereafter all the force and effect of
judgments obtained in said court ofcom-
mon pleas.
SEC. Z. The railroad corporation shall,
on the filing of any such claim and the
service of the notice as herein provided,
Immediately give notice thereof to the
original contractor, If his residence is
known TO such corporation, giving the
name Of the claimant and the nature and
amount Of the claim, which notice may
be sent by mail to the p~ostofice address
of such contractor, and the said original
contractor may appear in any suit or
proceeding brought against the corpora
ton by such claimant to enforce his
claim, and defend against the same.
SEC. S. This act shall take effect and
be in force from and after its passage.