The workingman's advocate. [volume] (Chicago [Ill.]) 1864-1877, 1873-01-04
THE LIEN LAW.

IN 1863 by the LeglslAsure. whAe We De-
Iieye IL ON the whole 10 DO one of the bsst
existence, it ~ probable that some
amendments may be suggested which may
prove beneficial to the interests Of those
most deeply Interested. We anal 10
pleased to hear from our city readers on
the subject, and shall Be happy 70 Publiah
any suggestions they may have to offer.
As the Legislature oonvenes in few days,
there il no time to be lost, if any alteFa-
ton is to be made. In the meantime, We
ask the mechanic and workingmen Ut Hi
nois to give it their careful confederation,
!. = number u those who have heretofore
expressed their dissatisfaction at its pro-
Visions. have done 90 from mere rumor,
and have never read the instrument them
selves
An Acr Ap.en,Lutory Of the Mechanics Lie"
Lac Of the State If ILLINOIS,:
SEC. l. Be il enacted by the people OF
the State Of Illinois, represented IN the
General Assembly, that every sub contrac-
tor, mechanic, workman, or other person
who shall hereafter, i'll conformity with the
terms Of the contract between the owner
or lessee of any lot or piece OF ground, or
his agent. and the original contractor, per
form any labor or furnish any materials,
| in building, altering, repairing, beautlfy-
| ing or ornamentlng any house, or other
| building, or IN any street or alley, and con
nected with such building or appurtenanco
to any house or other building in this state,
shall have lien for the value u such la
| Dor and materials upon such house, or
building and appurtenances,a and upon the lot
Of land upon which the same stands, To the
extent Of the right, title and interest OF
such owner or lessee, at the time OF the
making Of the original contract for such
house or the improvements. But the Ag
prepnte of all the liens hereby authorized
shall not exceed the price stipulated III the
original contract between such owner or
lessee, and the original contractor tor such
improvements IN no case shall the owner
or lessee be compelled to pay greater sum
for. or on account of, such house, building
OF other Improvement, than the price or
sum stipulated IN said original contract Or
agreement.
SEC. 2. The person performing such la
Dor, or furnishing such material, shall cause
a notice. in writing, to be served ON such
owner or lessee, or his agent, substantially
in the following form To -- you
are hereby notified that am (or have BEEN
EMPLOYED by -, As a labOrer Tor have
furnished materials, OF am about to furnish
materially Oh or for your house or building
and that | shall hold the house, building
/ 1 Xh. 0rrnttnA ha hla fOF
nv services thereon or materials furnished.
| If there shall be a contract IN writing De
tween the original contractor and the sub
contractor, copy Of such sub-contract, II
the same can be obtained, shall be served
with such notice and attached thereto,
which notice shall be served within twenty
DAYS from the completion Of such sub-con-
tract, or within twenty days alter payment
should have been made to the person per
forming such labor Of furnishing such ma
terial
SEC. 3. In all cases where the owner OF
lessee cannot be found III the county In
which said improvements shall be made,
or shall not reside therein, the person fur
nlshlnu labor or materials, shall tile said no
tlce in the office Of the clerk Of the circuit
court, and the clerk Of the circuit court
shall enter III book to he kept for that
purpose, alphabetically, the names Of the
owners or less,es, and opposite thereto the
names of the persons claiming liens, fnT
which the clerk shall receive a fee of nifty
cents A copy If said notice shall be pub
lished IN some newspaper, printed IN said
county, for four successive weeks, after III
ing such notice with the clerk, As atore-
SAID If, however, there shall be no paper
published III said county, then the claimant
Of lien shall post four notices III four 81 the
most public places In the vicinity OF said
improvement, Tor four weeks.
SEC. 4 The original contractor shall, Al
often a. requested IN writing, by the owner
or lessee, or his agent, make out and give
to him n statement Of the number Of per
sons in his employ, and sub-contractors,
giving their names and the rate Of wages OF
terms If contract, and how much, if any
thing, is due t. them, or any Of them,
which statement shall he made under oath
if required.
SEC. >. And if the money due to such
person shall not be- paid within ten day.
after service OF said notice, as aforesaid, OI
within ten days after the money shall be
come due and payable, then such person
may commence suit therefor, IN any court
having jurisdiction u the amount claimed
to be due, against the owner, OF lessee, And
contractor Jointly; execution to ISSUE
thereon as in other cases. Ii execution IL
sued on Judgment obtained before JustIct
Of the peace shall be returned not satisfied
a transcript Of such Judgment may be taken
to the circuit court and spread upon the re
cords thereof, and have all the force AM
effect Of Judy Hlents obtained III circuit
court, and execution issue thereon N II
other cases.
SEC. 4. Whenever any suit shall be
brought by any laborer, the court shall al
low, if before Justice Of the peace, five
dollars and III courts Of record, twenty
dollars, attorney fees, if Judgment shall b,
given against the defendant, which fee.
shall be part of the costs in suit
SEC Z. Should the original contractor
! for any cause fail 10 complete his contract
any person entitled to hen as aforesaid
may file ms petition III any court 81 record
against the owner ar lessee AMI contractor
setting forth the nature If hIs claim, the
amount due a. near NJ may lie, and thu
names Of the parties employed on sUcl
house or other improvement subject T.
liens and notice Of such suit shall he sery e.
on the person therein named and such -
shall appear, shall have their claims nd
Indicated, and decree shall I've entered
against the owner OF lessee and rigin Al con
tractor for so much "A the work and mate
nal shall be shown h. I've reasonably worth
according to the original contract price
first deducting so much ~ shall have been
rightfully paid on said original contract BY
the owner or lessee, the balance To he div
ded between such claimants in proportion
to their respective interests, to be Ascer
tanned by the court, the premises to be
sold within thirty days from date "a such
decree, unless the Judgment shall be sooner