Pine Bluff daily graphic., 1895-04-29

tihed copy. as the case may be. and the costs of filing and of one certified copy shall be taxed as costs in any lien suit to which the !, same pertains to abide the resnlt of the suit
 SEC, s, In all cases where | lien shall be filed under the provisions of this act by any person other than Il contractor, it shall be the duty of the contrac- tor to defend any action brought thereupon. at his own expense; and during the pendeney of such action. the owner may withhold from such contractor the amount of money for which such lien shall be filed; ; and in case of judgment against the owner or his property upon the lien, he shall be enti- tied to deduct from any amount due by him to the contractor the amount of such judg- ment and cost, and, if he shall have settled with tho contractor in full, shall be entitled to recover back from the contractor any amount so paid by the owner for which the contractor was originally liable.
 SEC. B. The liens for work and labor done or things furnished is specified in this act shall be upon an equal footing, without ref erenee to the date of filing the account or lien; and in all cases where such sale shall be ordered and the property sald which may be described in any account or lien, the pro- ceeds arising from such sale when not suffi- cient to discharge in full all the liens against the same without reference to the date of zlng the account or lien, shall be paid pro rata on the respective liens; provided such account or liens shall have been filed and suit brought as provided by this act
 SEC. 10. Any contractor or subcontractor who shall purchase material on credit, and represent at the time of the purchase that the same are to be used in d desis snated build ing or other improvement, and shall there after use, or cause to be used, the said mate rials in the construction Of any building or
 improvement other than that designated, without the written consent of the person from whom the materials were purchased. with intent to defraud such person. shall be deemed guilty of q misdemeanor and, on conviction, shall be punished by fine not ex- ceeding $500
 The owner or proprietor or anyone inter- ested ill the buildings or grounds as mort gagee or trustee, upon which improvements are made under this act or made at any time, applies to the contractor or sub-contractOr for all lists of parties doing work or furnish ing material for said buildings and the amount due each of said persons, and any such contractor or sdb.contractor refusing or failing to give correct list of such parties furnishing material or doing labor and the amount due to each on such building shall be guilty of misdemeanor and shall be punished by a fine Of not exceeding S500.
 SEC. Il. It shall be the duty of every per- son who wishes to avail himself of this act to file with the clerk of the circuit court of the county in which the building, erection, or other improvement to be charged with the lien is situated, and within ninety days after the things aforesaid shall have been fur nsh ed or the work or labor done or perform ed, just and true account of the demand due or owing to him, after allowing all cred it's, and containing d correct description of the property to be charged with said lien, verified by affidavit.
 SEC. F. I shall be the duty of the clerk of the circuit court to indorse upon every ac- count the date of the fling and make an abstract thereof in a book by him to be kept for that purpose, and properlysindexed con