The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1877-06-23
THE MECHANICS LIEN LAW,

tally interested In knowing what tho
oca laws are upon number OF SUB
cots Their protection, Ia fact requires
such knowledge Neither tho statutes
nor capable lawyer, are
always nj hand for consultation, We
think 'fnE llgmLp can, therefore, ren'
der IN essential service 10 many OF It's
readers by calling attention TO the pro-
visions of some Of our laws that the
public are much interested In, This OF
course, however we can only do IN sub
stance,
There are few, If indeed any, OF our
local laws, Of moro general public IN
tercst and importance, than the act OF
the last Legislature regulating the liens
Of mechanics, contractors, builders, etc.
for work and labor, and for materials
furnished in the construction OF builds
inw and other improvements THIS
law was pissed for the belciit of most
deserving class OF the population The
laborcr IL not only worthy Of his hire,
but this law intends that he shall have
tho price that is due him, 80 far as any
legislation can secure that just end,
But there are certain requirements OF
the law to be complied with, in order to
tsecure it, benefits, and these we pros
pose to briefly point out.
This lien law is found upon page
ninety.ono of the articles OF 1876 II
provide that any firm lumber dealer
artisan or mechanic, who may labor on
furnish material, machinery fixtures
and tools to erect any house, improve
mcnt, on to repair any building or I'M
proyemcnt whatever, shall have u lier
on such house, fixtures or improve
ments, and shall also have n lien on
the land connected Herewith, to secure
payment for such labor and materials
This is not the exact text of the law
but it expresses in substance its scope
and meaning In order, however u
fix md enforce this lien, all OF sucl
persons shall, within six months alto
the debt for such labor and materials
has become due, file his or their con
tract in the Office of the county CLERK
in which the property IL situated to b'
recorded in n book kept for that pur
pose. But if the contract is only YER
bal the lien may still he secured by I'll
ing with the clerk a duplicate copy OF
bill OF particulars or items of sucl
work and labor, or such materials for re
cord. This copy ofsuch bill ofporticular
must be sworn to; and another copy
sworn to must be furnished to the par
ty owing the debt, These papers mus
also be accompanied by Il description
of the lands, houses, improvements, etc
upon which the lien is claimed. II thcs
requisites of the law are strictly adher
ed to, the lien is secure, and may b
enforced in the county, if necessary,
If the land upon which such build
ings, improvements, etc, are made lie
in the county, the lien shall extend +
and include as much rs fifty acres; lin
II city or town, it shall embrace the 10
or lots on which the same may be erect
ed 1t is optionary under the law will
persons holding such liens to have tn
improvements and land sold together
or to have only the former sold II
the latter case, the purchaser shall hav
the right to remove the buildings, etc
from the land but, of course, no sue
sale can bc had without n Judgment G
some court having jurisdiction of tn
matter, and the power to enforce sucl
liens.
But there is another very importan
provision in this lien law If the labo
is performed upon land occupied rs
homestead, or the materials turnishe
for improving the same, then the col
tract mast be in writing. Such contraC
must also be signed by both husban
and wife, and the latter must acknow
edge its execution in the same mamie
and form that is requisite for vail
conveyance of the homestead. TIL
paper must also be filed and rccorde
in the office of the county clerk. Thi
! is all that is necessary to preserve tn
lien even under this restrictive claus
of the statute in regard to improv,
ments made upon homesteads.
The mechanic, laborer and materic
man are also we'll protected, when the
do work and labor, or furnish material
to a contractor. In such cases the
have simply to present an account
properly attested, for such work, labo
or materials, to the owner of the prol
erty, whose duty it shall then be to re
tain the money claimed by such accoun
out of the amount due the contractor
And after copy of such account is fui
nished such contractor by the Owner
all contest of such claim shall b
waived, unless within ten days the con
tractor give notice to the owner, il
writing, that he disputes the accoun,
Even then the owner is required /
withhold the money until the matter i