Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-03-07
AN IMPORTANT BILL,

From our special
NASHVILLE, March 5.-The following
important bill, looking to the better pro-
lection Of mechanics and laboring men,
which was introduced by Mr.. Roush, Of
Shelby, passed third reading in the
house to- day:
AN ACT 10 create a lien in favor OF mechRn-
les and Others in certain cases:
Section l. Be 10 enacted by the Ge1leT-
dlAssem5ly of the State Of IeraneSs &c,
That any person who shall perform la
blr, or furnish materials or machinery
for erecting, repairing, or finishing any
house, mill, mandatory, or other build
ing or appurtenance, by virtue OF con-
tract, or agreement with the owner
thereof, shall have lien, to secure the
payment Of the same, upon such house,
mill, or other building, and the lot OF
land upon which the same shall stand,
and may enforce the same either in law
or equity.
Sec. 2. Be 1t further enacted, That ev-
cry mechanic or other person doing or
performing any work toward the erect
ing or repair Of any liouse, mill, manu-
factory or other building erected under
a contract between the owner thereof
and builder or other person, whether
such work shall be performed as jour
newman, laborer, carman, b-contr8c-
tor, or otherwise, or any person who
shall furnish materials for the construc-
ton or such building, whose demands
for work so done, or materials so fur
nished, have not been paid and satisfied,
shall deliver to the owner Of such build
ing an attested account Of the amount
and nature of the work and labor thus
performed, or the materials thus fur
nished, and remaining unpaid, within
ten DAYS after the labor is performed, or
the materials are furnish ed; and there
upon such owner shall retain, out Of his
subsequent payments to the contractor,
the amount of such work and labor for
the benefit Of the person so performing
the same, or furnishing such materials.
Sec. 8. Be ii further enacted, That
whenever any account OF labor per-
formed, or materials furnished as re-
ferred to in the preceding section shall
be placed in the hands OF the owner Of
any building as above stated, or his au-
thorized agent, 1t shall be the duty OF
such owner, or agent, to furnish his con-
tractor with a copy OF such papers, 30
that II there be any ssgreemen. be-
tween such contractor and his creditor
they may, by amicable adjustment or by
arbitration, ascertain the true sum due;
ard IL the contractor shall not, within
ten ,jsys after the receipt Of such papers,
give TIE owner written notice that he
intends 70 dispute the claim; or il, in
ten days sitter giving such notice he
shall refuse or neglect to have the mat
Ter adjusted, as aforesaid, he shall be
considered IS asserting to the demand,
and the owner shall pay the same when
IL becomes due.
Sec. 4. Be Il further enacted, That II
any contractor shall dispute the claim
OF his iourneyman, or other person for
york done, or material furnished as
Aforesaid, and the matter cannot be ad-
iusted between themselves, II may be
submitted TO the arbitrsment OF three
disinterested persons, one TO be chosen
by each Of the parties, and enc by the
two thus chosen; and their decision OF
the decision OF any two OF them shall
be conclusive in the case submitted
and il the parties will not submit the
matter to arbitration then it may be
submltted to any court or magistrate
having Jurisdiction.
Sec. s BE q further enacted, That when
the account shall be adjusted as above
provided, and the contractor shall not
within ten DAYS sitter it is so adjusted,
nav the sum TO his creditor, with the
costs incurred, the owner shall pay the
same out Of the fund as above provided
and which amount due may be recovered
from the said owner by the creditor OF
the said contractor, in an action for
money had aud received to the use oil
said creditor, and TO the extent In value
Of any balance due by the owner to his
contractor under the contract with HIM
ct the time Of the notice first given as
Aforesaid, or subsequently accruing to
such contractor, under the same, il such
amount shall be less than the sum due
from said contractor to his creditor.
Sec. 6. Be IL further enacted, That IL
by collusion or other wise, the owner OF
any building erected by contract a.
aforesaid, shall pay TO his contractor any
money in advance of the SUM due or
said contract, and IL the amount still
due the contractor after such payment
has been made, shall be insufficient tC
satisfy the demand made in conformity
With the provisions Of this act, for lRbol
done and materials furnished, the ownel
shall be liable to the amount that would
have been due at the time OF his receiv'
ing the account Of such work or mate
riaIs. 10 the same manner as IL no fuct
payment had been made.
Sec. Z. Be IL further enacted, Tha
apy person entitled to lien under thii
act may make an account in writing o.
the item of labor, skill, material or ma
chinery furnished, or either Of them, 81
the case shall be, and after making oatt
thsreto within ten days from the tim'
~ reforming such labor and skill, ol
furnishing such material and machinery
may Gle the same In the registers Oftict
Of tbe county In which such labor, skill
and materials Rhall have been furnished