The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1876-06-14
MECHANICS LIEN.

10 Importance Justlties us in publisbipg
It IN full 1t is entitled An net r.
provide for and regulate mechanic.
contractors builders and other lien,
IN the State Of Texas
SECTION | Bet c.actcd by n, y,,,,l,.
'fe q The State Of Texas. That any, nor
son or firm, lumber dealer artisan r. or
MECHANIC, who may labor. furnish mn.
terra, machinery fixtures and tools ~
erect any house, improvement or 10 re,
PAIR amy building or article or any iro
PIoVemeht whatever, shall have a lien
On such articles, house building Gxtures
OF improvements and shall also have a
iSh on the lot or lots or land necssss.
rliy connected Herewith to secure nav.
ment Tor labor done. lumber material
ana fixtures furnished for construction
or repairs. "N'''''
>. " In order to Tx and secure the
lien herein provided for the contractor
mechanic laborer artisan. or lumhor
dealer furnishing material, shall have
lhe right at any time within six month.
alter such debt becomes due to file his
contract in the office of the Di.trirt
Clerk Of the county in which such nro.
perry is situated, and cause the same f.,
be recorded in Il book to be kept Inv the
District Clerk for that purpose
(5) II the contract order or agraa.
ment be verbal, aduplicate COPY Of the
oil OF particulars shall be made under
oath, one to be delivered to the clorL,
to be filed and recorded rs provided for
written contracts, aud the other to be
served upon the party owing the debt
(l) Both the contracts and accounts
when filed and recorded as above pro.
vidrd, shall be accompanied by a de-
scrption Of the lands, lots houses and
improvements made, against which the
lien is claimed
(5) When such contract or account
Is filed and recorded it shall be doomed
sufficient diligence to fix the sum from
the date it is filed for record and AZ. |
cure the lien herein provided
Sec , The lien herein before moyi. |
died, itagainst land in the country.shall |
extend to and include fifty acres upou |
which such labor has been performed. |
orupon which the houses and improve, !
ments me situated, Tin city, town
or village, it shall extend to or include
such lots or lots uponwhioh such houses !
fixtures or improvements are situated.
or upon which such labor was perform
ed. |
Sec. 8. The lien herein provided for
labor performed or material furnished
shall extend to the land designated and
the person enforcing the same may have
the lot or lots and improvements sold
or he may have the improve
ments sold altogether, or he may have
the Improvements sold only and when
the improvements are sold separately
the purchaser shall have right to re-
move the same within reasonable time
rom date ofpurchase, said sale to be
lpon judgment rendered by some court
If competent jurisdiction, foreclosiug
uch lien and ordering sale of such
property.
Sec 4. But when lumber or materi-
Al is furnished labor performed, erec-
ion or repairs made upon II homestead
o fix lien upon the same, it shall be
he duty of mechanics, artisans lumber
leNlers, or laborers, who shall perform
my labor, or furnish any material upon
" about the construction of any i'm.
or repairs upon homestead,
o make and enter into contract in
writing setting forth the terms of said
ontract which said contract in writing
hall be signed by the husband and wife;
Then such improvements or repairs are
o be made, or material furnished, or
lbor performed; and all such contracts
hall be recorded in the District Clerks
flee in the county where such improve
tents are being made or land situated
royided, that no informality in said
ontracts shall rendersuch contract null
nd void
Mr.. Stewart moved to amend by add.
lg two sections to read as follows.
Section 5, Every mechanic, work
nan, or other person doing and per-
orming any work, or furnishing mate
ials towards the erection, construction
+ completion of any building erected or
made under q, contract
etween the owner of said building or
ther improvement and the original
whose demand for work and
lbor performed, or material furnished
oward the completion of said building
I improvement, has not been paid, may
eliver to the owner of said building or
an attested account Of the
mount and value of said labor or mate.
ials thus furnished and remaining un.
,uid, and thoreupon the owner shall
etain out of the amount due such orig
nal contractor if any, the amount of
aid labor or material furnished for tho
benefit OF the party performing the
work or furnishing the materials, and
with the provisions OF this
section shall be considered sufficient
diligence to fix The liability of the
,wner Of such building or improvement
'or the payment of such demand.
Section 6. Whenever any such ar-
count shall be placed in the hands OIL
such owner on his authorized agent it
shall be the duty Of such owner or agent
TO furnish bis contractorwitha tIue copy
of said attcstcd account and if said con
tractor shall not, within ten days after
the receipt of said copy of attested ac-
count, give the owner written notice
that he intends to dispute said claim,
he shall be considered as asserting to
the demand, which shall be paid by the
owner when it becomes due. II said
contractor shall dispute the claim OF his
iourneyman or other person for work
and labor pertarmed, or material turn-
ished as provided for in the preceding
section, then such owner shall withhold
the amount of said demand until the
matter is adjusted between the parties
by agreement arbitration, suit, or 9th
erwise, when he shall pay over the