Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1879-03-12
PROTECTION FOR MECHANICS.
An Important Bill that Recently
Passed the HOuse-The Rights OF
Married Women, Infants, Nom
Residents and Prior Bona
Eide Liens also Pre-
Vided For.

Nash Vile american: IAN important bill,
introduced by Mr.. Maccabe, of Memphis, to
create q lien In favor of mechanics and 9TH
ers, in certain cases, passed the house on Its
third reading yesterday. A very large and
worthy class of our citizens, all over the State,
have a direct interest In the passage OF this
measure This bill provides that any person
who shall perform labor, or furnish materials
or machinery for erecting, repairing or iL-
ishing any house, mill or other building, ~
virtue of a contract or agreement with the
owner, shall have lien to secure the payment
of the same, upon the building and the lot OF
land upon which it stands. a wise provision
of this measure is that whioh enables Journey
men, la5orers, carmen, sub-contractors and
others, doing work or furnishing materials
t5Ward the erection of any building under
contract between the owner thereof and
builder or other person, whose demand has
not been paid, to deliver to the owner an at
tested account of the amount and nature of
the work done or materials furnished within
| ten days after the labor Is performed, and
| thereupon such owner shall retain out of his
| subseq tent payments to the contractor the
| amount of such work for the benefit OF the
person doing the work or furnishing the ma
| terial. The rights OF the owners are pro-
| tscted by the pr5VisC that ten days notice be
| given to the owner that such lien is demanded
| by toe parties doing the work or furnishing
! the material, and that an GtteSted account OF
| the amount and nature of the work done be
| also furnished the owner by the parties doing
| the work. This proviso puts the owner on
mis- guard from paying money to dishonest
contractor VINO might be inclined to sWlndle
his workmen, and prevents collision between
the owner and contractor ID that end. As q
further precautioD, 1t is provided that wheTt
the owner of the building, or his authorized
| agent has been furnished with such attesteC
| accolnt and such notice, it Is made his duty
| 10 furnish his contractor with a copy Of suci
papers, so that if there be any disagree
ments between such contractor an(
, Lis creditor, they may be amlcabl!
| adjusted and the true sum ascertaIned; AN;
! If the contractor shall not, within ten day
after the receipt of such papers, Civ
the owner written notice that he IN
; tends ID dispute the claim, or II IN ten day
J after giving such notice he shall reius
or neglect to have the matter adjusted, L
| shall be considered IS asserting to the dc
, manG. and the owner shall pay the sam
disputes the claim, and the three parties
| namely, the owner, the contractor and til
4 | mechanic or other workman, or party tul
a | pishing building material, cannot agree, til
q bill provides that the matter may be submit
4 ted ID the arbitration OF three disintereste
- parties, one to be chosen by each of the II
! tarested parties, the decision of two OF whol
n IS to be conclusive. II the arbitrators car
r not settle the matter, the question Is then
a be submitted to any court or magistrate ha
Ie ing Jurisdiction. This equitable measu
q further provides that when the account shs
10 be adjusted, and the contractor shall NJ
pr within ten days, pay the sum to MS credlto
ID With the costs incurred, then the owner shS
2. pay the same out of the money due the co
er tractor, which amount due may be recover
from the said owner by the creditor OF t