, 1874-03-24
REVISING THE STATUTES.
Special Dssuatoh to The Chtcago Tribune.

SPRINGFIELD, ILL.,, March 23.-Tho bill revsing
the law in relation to to liens Inns passed both
Houses and gone to the Governor for hin sig,.n-
ture. Sec. provides TINT any porBon Hl,all hare
lion upon any building that he NAV have as-
sisted In erecting or repairing for the amount
due him tor labor or material furnished, or for
hia own Boryiccs.
Soc. provides that whep the contract is cx-
presso i, 10 lieu slall 10 created under this act
il tho time stipulated for tho completion of tina
work or furnishing usaterals Ia beyoud three
years from tho commencement thereof, Or tho
tlmo OF payment beyond ono year from the time
stipulated for the compilation thereof. II the
contract is m implied one, no lien shall bo held
to exist, unleaa tne work Hhall be- done or Tho
material furnished within Que year from tue
commencement Of the work or the delivery Of
tho materials.
Sec. II provides that when tho ownor Of tho
land has failed to perform l,iB part Of the con-
tract, ,1lid thus hae prevented the otlor party
from performing his part the latter ahall DO
cnsit!ed to proportunate compensation for what
lo las doua.
by tho provisions Of SEQ. IL, all persons iu-
torcsted in tho aubiaot-matter OF the suit may be-
come parties to the action before tinnl judg-
ment.
Upon questions arising botween different cred
tiers, no preference shall be given to him whose
contract was first made.
Proportionate payments shall be made to each
creditor from tho amount recovered.
Parties entitled to llens, even though their
claims should not arise until nfler suit had been
commenced. shall be allowed compensation, SUBJ
5ect to reduction for interest from Lilo dae Of
tue Judgment to tho time the claim is payable.
Section II is nj follows:
No ncuu,brance upon ]nnd created before or nftcr
the milking Of contract uder thu provisions Of this
act, shall operate upon the building erectel Or macr-
a8 lusnislad uut. tho ileu lu faror Of the 0ezson
doing tho work furnishing the materials aha have
been aaiished; and upon questious nrising between
~ e
Of the land at tho time Of making tho Contract aud the
Court aha ascerain by jury or otherwise, a. the casc
aalo sAau be paid to the several parties III interest,"
In no case shall want OF preparation for ono
claim delay the trial in teapout to othors.
II my part Of tue premises cau DO separated
whole, and if tho value thereof ~ sufficient to
satisfy all the claims proved in tho cause, tho
Court may order sao Of that plrt.
In case . eAlo is made, and the amount re-
coyea for tue part sold is not Rutficout to satisfy
all the olnima, execution may issue against the
SEQ. 40 provides that Bub-contraotorB, maclan-
les, workmen, aud other persons who shall rem
der auy service In builulug, repairing, etc., any
premises, shall have llon for tho value Of thcir
furnished, but tho aggregate Of all such liens
shall not exceed the price stipulated In tho orig
inal contract between tho owner and the prin-
cipsl contractor: Provided, II it shall appear
to the Court that the owner and contractor
fraudulently md for tho purpose Of defrauding
sub-contraetors. fixed IN uureasonably low price
in thoir original contract for the erection or
reparation Of such building. thon the Court
shall ASCERTAIN how much OF d difference exists
betwoon q fair price tor the labor Or material
| used In said building or other improvements
| and tho sum named in said original contract
said difference SHALL be considered a part Of the
contract aud be sub ject to lien, but in no oase
shall tho original contractorB' time or profits be
secured by this lien only 10 far as tho sum
namod in tho original contract or agreement.
Tho person performing service for principal
contractor who fails to eecuro compensation
| thorefor from his Immediate employer shall,
within forty days from the compilation Of Ills sub
| contract, soryo notice to that effect upon the
| owner Of the building upon which labor has beon
put, or for tito construction Of which he las fur
niBhed mate,ial; and when tho owner, Or his
! agent, III 10 uotiflod ho may retain from any
| money due, or to become duo, to the original
| contractor a1l amount sufficient to pay all de-
| mapds of sub-oontraotors, mechanics, etc. In
| case tic amount due tho original contractor is
not sufficient to meet all tho claims aguinHt 1t,
than it atall be divided pro rata.
| Original contractors nra required, under pou-
atty, to make out and give to ownere, or their
agetH, when requested, o statement Of the
nr1nbor OF PERSONS in thoir employ atld the
wages paid them, aud how muoh, 1t anything, Ii
| duo them.