The workingman's advocate. [volume] (Chicago [Ill.]) 1864-1877, 1874-04-04
NUMBER l8.

by the claimant or petitioner, upon dill
gent inquiry, shall be made parties. Upor
the hearing, the court shall find the amOun
coming from the owner to the contractor
and he amount due to each Of the persons
having liens and IN case the amount
I found To be coming to the contractor shal
be sufficient 70 discharge ali the liens il
full, the amount found in favor Of The
contractor shall be divided between tht
persons entitled t. such pro rata, in pro
portion to the amounts 50 found due them,
respectively. If the amounts found t.
be coming to the contractor shall be suti
cient to pay such liens in full the same
shall be so ordered. The premises may
be decreed to be sol for the payment II
such liens as in other cases
SEC. 40. All persons who shall be duly
notified Of such proceeding, and who shall
fail to prove their claims, whether the
same be in judgment against the owner OF
not, shall forever lose the benefit Of and
be precluded from their liens and all claims
against the owner
SEC. Al. Upon the filing Of such bill Or
petition, the court may, on motion Of any
person interested, stay any further pro-
ceedlngs upon any Judgment against the
Il ONhCA OH dCCouuA VI any SUCH lien.
SEC. AZ Upon entering into a contract
to do any work or furnish materials for
which lien might accrue under section
one Of this act, if the contractor will enter
into bond with the owner. for the use ~
all persons who may do work or furnish
materials pursuant TO such contract, con
dItIoned for the payment of all Just claims
Tor such work OF materials as they become
due, (Which bond shall be in such an
amount, not less than the price agreed a.
be paid for the performance u such con
tract, and with such surety as shall be al
proved by the Judge ~ the circuit court.
or a master IN chancery of said court. }
and shall ME the ssme IN the Office II the
clerk Ot said cunrt. then No lien shall attach
IN favor II such sub contractor. mechanic
OF other person
So 43. like bond may bv made and
hled a. provided m the foregoing section.
at any time after the making of such con
tract, and shall have the effect "a discharge
all such hens As shall have accrued before
the hlIhg thereof, and to prevent the accru-
ing Of any such liens thereafter
SEC. "a. Any person having a claim
against such contractor for work done or
materials furnished pursuant to such con
tract may put the bond in suit for his use.
OF IN case the same shall have been put in
SUIT, have his damages assessed az in other
suits upon penal bonds.
SEC. 40. Should the original contractor.
for any cause, fail to complete his contract.
any person entitled to lien az aforesaid
may HE his petition IN any court Of record,
against the owner and contractor. setting
forth the nature Of his claim, the amount
due, as near as may be, and the names of
the parties employed On such house W.
other improvement subject u liens and
notice Of such SUIT shall be served on the
persons therein named ana such as shall
appear to have their claims adludicated,
and decree shall be entered against the
owner and original contractor for 80 much
AS the work and materials shall be shown
70 be reasonably worth according to the
OIl7lnal contract price, first deducting ID
much as shall have been rghttully paid On
said original contract by the owner, and
damages, II any that may be- found to be
Occasloned the owner by reason Of the non
fulhilment Of the original contract, the
balance To be divided between such claim
ants IN proportion to their respective iu-
lerests, to ne ascertained by the court
The premises may be sold as III other cases
under this act.
SEC. Al. No payments to the original
contractor Or Q hIs order shall be regarded
as rightfully made, if made in violation Of
the nights and interests of the persons in
tended ~ be benefited by TINS act.
! SEC. A. No petition shall be filed or
SUIT commenced to enforce the lien created
Oy Section twenty-nine, unless the same
is Commenced within three months from
the time Of the performance Of the sub
contract, Or during the work ~ furnishing
materials, as aforesaid ProUided II any
delay IN filing such petition or comnenc-
I ny suit is caused ia consequence NJ the
amount not being due The original cuutrac-
tor, the time Of such delay shall not be
reckoned
| SEC. AZ. Hotel, inn and boarding hou Sc
keepers shall have a lien upon the baggage
and other valuables NJ their guests ur
boarders brought into such hotel, inn ur
boarding house by such guests or buarders,
for the proper charges due from such
| guests OF boarders for their accommoda-
ton, board and lodging and such extras
as are furnished AZ their request
SIC. 40. Stable keepers and any persons
shall have a lien upon the horses, carriages
and harness kept by them for the proper
charges due for the keeping thereof and
expenses bestowed thereon at the request
OF the owner, or person having the posses
sion thereof
SEC. 90. Agisters aud persons keeping,
yardlng, feeding, Or pasturlng domestic
animals, shall have lien upon the ami
mails agistered, kept, yarded pr fed, for tht
proper charges due for the agisteriug.
keeping, yarding or feeding thereof
SIC. 5l. Chapter siXty-tve Of the Re-
vlsed Statutes If lS45. entitled Liens,
and an act entitled An act To amend
chai ter sixty-tve Of the Revised Statute.
" lS45, entltled Liens. approved
February lS, lS6l, and an act entitled
An act % amend chapter sixty-hve Of the
Revised Statutes Of Is45. entitled Liens.
approved February IA 1863 and an act
entitled "An act to provide for the re-
demptlon of property sold under mechan.
les lien, approved March 30, 1869. and
an act entitled AN act ameudatory Of the
mechanics lien iaw II this State, approved
April ., 1869, and all other acts and parts
Of acts Inconsistent with the provisions a
this act, are hereby repealed, except AZ
herein re-enacted Prorided, That this
section shall not be 8, constructed as e
affect any rights existing or actions pend.
ing at the time this act shall take effect.
Approved March 20 1874
TAILoRs s-That tailors can be Z" wide
awake when they choose, is evident BY