The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1883-05-29

shall have nt least fifeI
lays notice Iri writing of ,thetime aheall
The lien for lahoB boxrding orsmatariaIs |
under 9 contract with. hun j
will bs,paid, which may be served upon
him personally, hr np0n I his , autherix.d
agent on foreman, by the owner of The
railrnad or any, officer OF. agen. thereof, !,
stating therein the time when such liens
viii bspsid Z I and on request 81 ahch
contractor; OF sah.contractor.. he shall
be permit ed to examine such lien cIaimsl
before they are paid, at anv time after
the notice has been given; provided, ;,
that II such no ice cannot be served in
the county where the lien is filed, the
same may be given by publication in
some nevspaper Of general circulation
in such county for the period OF two
weeks III he dispute any OF the claims.
the company or owner OF the ,oad shall
withhold payment OF the disputed claims
until they are adjusted; /; and if the mat
ter cannot he adjusted between the par
ties interested. it may be submitted to
the arbitration Of three disinteres,ed
persons, one to be chosen by each OF the
parties, and one by the two thus chosen (;
and their decision, or that OF any two OF
them. shall, in the absence OF fraud or
collusion, he final and conclusive on the
psr,ies. II any claim he disputed and
is not setfl or submitted to arbitration,
tho claimant ehou IL, e,ot, <,ae. ho -
qnired To commence an action on his
claim befure the proper tribunal, within
forty days after notice that his claim has
been disputed, aud prosecute the same
to finsl judgment without delay And
the amount OF any disputed claim thus
ascertained or adjudiciated shsll then
be paid by the railroad owner Pro.
vided, that after notice given as above
provided, II no objection is filed againsi
such claim within ten days after the ex
pirst'on OF the term of service of notice
as above specified, then the contractor
or suh-contractor shall be held to have
waived all objection to such claim, and
the same shall be taken to be correc. as
against such contractor or sub.coutrse,
tor .-,..-f.t... ...i...-.
TO WHOM PRECEDING sEcrtoss .AFPLf.,
SECTION 321l. The provisions of, ths
four preceding sections shall apply to
and include any person who furnishes
grain, bay, merchandise, tools. OF i'm
plements, OF who repairs any tools oI
implements, on the jor Ter of any, con,
tractor or suh-contractor, for their ,own
use, or the use Of persons employed BY
them or either OF them, while furnishing
materials or labor Tor or in construction
OF such railroad; provided, that tbe
amount of such claim shall not exceed
the wages of the persons performing Ia
bor or furnishing materials, to whom
furnished, or the amount found due such
contractor or sub contractor, under the
provisions OF section thirty-two hun
dred and seven; and in every such case,
the requirements Of section thirty-two
hundred aud eight. as to filing affliavits
and giving notices, shall be strictly CON
piled with; and, provided further, tha,
the aggregate OF all liens taken and per.
fected under sections thirty-two hundred
ana seven, thirty-two hundred aud eight
thirty-t NO hundred aud ten and thirty
two hundred and eleven, shall not be in
excess OF the actual construction con-
tract price of the railroad company
The word "owner" in these sections
shall be held and considered as includ.
ing any lessee. rece yer, corporasiaD,
company, or persons 20 vniog, operating
or managing any railroad With whom 81
in whose behalf the. contracts herein
have been made ~ Jsayar
Sec 2. That said original sections
3207, 3208, 5000, 32l0 and s2lf be and
the same are hereby repealed. sl7'7'' =
SEC 8 This act shall take effect and
toe u force from and after it's passage
/. N. HATHAWAY. e'
Speaker pro tenn. D! the Houss OF Rep.
resentatives.
R "A. HORR, @
:. Presider. pro TEN. of the Senate.
Passed April 6, 1888.