The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1883-05-29
WOODSFIELD MONROE COUNTY, OHIO TUESDAY, MAY &c. 1885,
An important Railroad Law.

HAAa AV1 lOCO' aa ~
An Important Railroad Law.
SECTION l Be it enacted bys he Gen
eral assembly Of the State Of OHIO. That
sec ions thir,y-two hundred and seven, I
thirty-!wo hundred and eight, thirty.
two hundred and nine, ,hirty.two. hum
dred and ten and thirty-two hundred |
and eleven be SO amended as to read as
follows: 20 E4f'l
WHAT CONTRACTS FOR RAILROAD WORKS
SHALL srIPULArE, - -.s.-.rsi
I Skorfos 3207. Any person, association
.of persons, or icnrp0ration contracting
for thelconstruction of railroad. depstI|
buildings, &aier-tanks, or any paft there 4
Of, shall be liable to and shall pay to
each person performing labor or fhr-
lnishing materials stipulated for in the
CONTRACTS with the owner Of the foad. !.
under contract express orsimplied With
the original Contractor, OF with any sub.
contractor, for the whole or any part of
the work stipulated In the original con
tract with the owner OF the railroad;
and the railroad company shall provide,
in it's contract with any person, asso-
ciatiou Of persons. or corporation for
the construction of its road, or any part
thereof that payments under it's said
contract shall be male in the folio wing
order of priority: Fret, to the persons
performing labor or furnishing materials.
or furnishing boarding on the order Of
any contractor or cub contractor to per-
sons employed by them, or either Of
them. in furnishing materials or labor
for or in the construction Of such rail.
road, without preference. Second, TO
any sub-contrac' or, sny balance due un-
der his contract after payment OF his or
their liabilities to persons performing
labor or furnishing materials or board
ing, under his or. :heir contract. Thifd,
to anv contractor, or construction com
pany intervening between sub.contrac-
tor and the railroad company, in the or
der OF such intervention from such, sub
contractor upward to the owner OF, the
railroad, any balance due after payment
by the company, of amounts found due
in the order OF priority above stipulated.
WHAT LIEN SHALL HAVE PRECEDENCE.
SECTION 320s. A person who performs
labor or furnishes materials for or iu
construction Of any, railroad, depot
buildings, water-tanks, or any part there
Of, and q person who furnishes board
ing on the order Of any contractor or
sub contractor, to persons employed by
them or either OF them, In furnishing
materials. or performing labor for or in
construction of such raiIroad, depot
buildings. water-tanks, or any part there
OF in addition to his rights u, der the
preceding section. shall have a lien for
the payment of the came upon such rail-
road, and such lien shall have and MAIN
tain precedence over any lien taken, or
TO be taken, and shall subsist for one
year !rou the da'e OF fling the attested
account hereafter provided for; and II
an action is brought to enforce the lien
within that time, it shall continue In
force until finally adjudica:ed. In order
10 pefect such lien, q person performing
labor, or furnishing materials, or board
ing, as herein. specified, shall, within
forty days from the date that such per-
son ceased performing labor, or furnish
ing materials, or boarding, or or for the
railroad, file with the recorder OF the
county where the labor was performed.
or materials, or boarding furnished, an
afIl iavit containlng an item;z,d state
ment, of the kind and amount OF ma
terials furnished, or labor performed,
the time when, the contractor or sub
c ,ntractor for whom, aed the section
and. place where, on the line OF the
road the lahor was performed, or ma
terials furnished, and the amount due
thereof, after crediting 81! payments and
set-offs; and, in case OF boarding fur
nished. such affi iavit shall have attached
thereto an item'zed account of such
hoard, showing the name OF the eontrac-
tor or sah.contrac,or on whose order It
was furnished, the several persons to
whom the same was furnished, the
weekly rate OF boarding, and the several
amounts unpaid bv each respectively.
On filing the aff1 iavit here provided for,
II shall be recorded in 8 separate hook
to be provided therefor, and shall then
operate as lien on said railroad, 10 the
manner and subject only to the limita
tons here provided. The claimant
shall. within ten DAYS after filing his az.
fidavit with the recorder. serve notice
in writing upon the secretary, or other
officer authorized representative Of the
railroad company. bv delivering or leav,
ing copy thereof at his usual place Of
resi- ilence, OF place of doing business.
which notice shall contain statement
Of the facts of his fling such affidavit,
the county wherein filed, the amount OF
..is claim, and whether for labor, ma.
serials or boarding furnished. and the
contractor or sub-contractot for whom
rendered Provided, that when the no.
tice in wiling required 10 be served
upon the secretary, or other off ,er or
authoriz d representative OF the railroad
company, cannot he served in the County
where said afi iavt is filed, such notice
shall he served nv the recorder Upon the
representative of the railroad aforesaid
by depositing in the post-offlce letter
containing such notice directed to his
place OF residence, or place of doing
business. il known to such recorder.
Any person failing to, file his afi iavi,
aforesaid, and servlng the notice afore.
said. within the time herein prescribed.
shall be deemed and held to have waived
all claim under this section, against the
railroad company.
HOW ACTION MAY BE BROUGHT.
SEorIes 32p9 ANY person obtaining
and holding lien provided for in the
foregoing section. NAV, in addition to
his remedies. under section lhirtp-two
hundred and seven. proceed by petition
as in other cases Of | en-, against the
owner OF, and all other persons inter
ested, as lien.holders or other wise. in
any such railroad, and obtain such judg-
ment, as justice and equity may require;
and for the purposes of such suit, any
nuuiber Of lien.holders provided in the
preceding section, may Join as parties