The Florida agriculturist. [volume] (DeLand, Fla.) 1878-1911, 1885-03-04
New Laws of Florida.

| An act TO protect mecnamcS, laDOrerS
and material men, and to provide for
the summary collection of money due
them for wages or materials furnished.
The people of the State of Florida, repre-
serted an Senate and assembly, do enact
as folloa0s:
! Section l. That mechanics and all 9TH
er persons performing labor upon or fur
nishing materials for the construction or
repair of any building, or whomay have
furnished any engine or other machinery
for any mill, distillery, or mandatory,
shall have lien, separately and jointly
upon the building, distillery, mill, man
ufactory, or machinery which they may
have constructed or repaired, or upon
any building, mill, distillery, manufac-
tory, or machinery for which they may
have furnished material of any kind, and
on the interest of the owner in the lot or
land upon which said building, mill, dis
tillery, mandatory, or machinery may
stand, to the extent of the value of any
labor done or material furnished, or for
both.
Sec. . 1t shall be the duty of any per-
son who may contract to build or repair
any house, mill, distillery, mandatory,
machinery, or any other building, or
| WIN oIltlI 6uO-cOlLIdCb III vi dill PAL U
of the construction or repair thereof,
shall furnish to the person or persons
having such building constructed or re-
paired, or in his or their absence, then
his or their authorized agent, correct
and complete list of the names of sub
contractors, mechanics and laborers to
be employed in the building or repair of
such house or other building, the names
of all persons who may have furnished
| materials for the construction or repairs
of such building, mill, distillery manu-
| factory, or machinery, as well as the
names of all the persons acquiring lien
upon such house, mill, distillery, manu-
factory, or machinery under section |,
! of this act; and any contractor or sub
contractor falling or refusing to furnish
the list of names provided by this sec
/ ton, such failure or refusal may be plead
| in bar of such contractors or sub
contractors recovery against the owner
or owners of such building, unless it can
be shown that the claims of all sub-con-
tractors, mechanics, laborers or material
men, for labor and for material furnished
for the construction or repairs of such
building, mill, distilery, mandatory,
or machinery have been fully paid off
and discharged.
| Sec. 3. That if any contractor or SUD-
contractor shall receive any money or
other consideration as payment upon
any house or other building erected or
being built or repaired upon any promise
made, the owner or owners, person or
persons, having such house or other
building constructed or repaired, that
such money shall be expended in pay
ing the sub-contractors, mechanics, la
borers and material men for work done
upon and materials i'll the construction
or repair of such house or other building
and who shall, having received such
payment, fail or refuse to pay such sub
contractors, mechanics, laborers and ma
terial men, according to such promise,
shall be guilty of obtaining money under
false pretenses, and punished as provid-
ed by statute in such cases.
Sec. 4. That in addition to any lien
now given by law, any person who may
manufacture, alter or repair any article
of value, shall have lien upon the same
for period of ninety days after the de-
livery of the same to the purchaser or
person having such article or articles
altered or repaired, if the same be deliv-
cred on credit, with written stipulations
for lien; and such article so delivered
shall at any time within said ninety days
be subject to attachment to satisfy all
claims of the persons so delivering the
same, upon an affidavit ofthe facts before
justice Of the peace; and after judg-
ment is obtained, the same may be sold
according to law to satisfy said judg-
ment.
SEC. 5. All persons, of whatsoever
trade or craft, performing any labor what
soever upon and with any machinery,
apparatus, fixtures, or any other thing,
shall have lien on such machinery, APP
paratus, fixtures, or things, for period
of ninety days from the date of failure or
refusal of the owners thereof to pay for
such labor performed upon and with
such machinery, apparatus, fixture or
things, and at any time within said ninety
days such machinery, apparatus, fixtures
or things shall be subject to attachment
to satisfy the lien thereby created. This
section shall be so construed as to give
printers and other similar establish
ments, stores, ETC., lien upon the press
es, types, stock, fixtures, ETC., of such
establishment. The attachment in this
case shall be enforced as provided in sec
ton 4 of this act
SEC. 6. Before issuing the attachment,
as provided in Section 4, the attaching
creditor shall, in addition to the affidavit
that such article was manufactured, al
tered or repaired Gas the case may be-
and delivered upon the promise of the
person to whom the same should be paid
for, within ninety days, file bond in
| double the value of the article or articles
attached, to secure the defendant against
loss or damage in case such attachment is
| issued and the attaching creditor shall
not prove his claim, or his attachment
dismissed.
| SEC. Z. That il any person shall re-