St. Johns review. (Saint Johns, Or.) 1904-current, 1911-07-14

quircd before commencing such work to
execute the usual penal bond with good
and sufficient sureties, with the addi-
tional obligations that such contractor
or contractors shall fully indemnify aud
save harmless the said city OF 81. Johns
against all claims whatsoever arising out
oi personal injuries 10 woTkmcn there
on, or to any other person who may be
injured by the operations under such
contract OF contracts.
Section ?. When any work has been
done under contract with the city OF 81.
Johns, either for the construction or re-
pair OF any sewer, improvement of any
street or other public work, aud the same
has been accepted by the city council, II
shall he the duty OF the recorder TO with.
hold the issuance of warrant or war
rants In payment therefor for period OF
ten days, after which time he shall issue
aud deliver the same To the contractor
or other persons 10 whom said contTac-
tor by a written order shall direct that
they be delivered 10; provided, that no
person, hrm OF corporation who has fur
nished labor or material actually used In
the construction OF such improvement,
sewer OF building shall have previously
filed in the office OF the recorder an adj
iusted claim for such labor or material.
Section J, Any person, firm or cor
poration furnishing laDor OF material, or
any sub-eontractor furnishing the same,
actually used upon any such public work
described ia Section Of this Ordinance,
at the request ot the contractor Tor said
work OF improvement, may at any time
before warrants are delivered for the
payment for said work or improvement,
as provided la Section 2 Of this Ordi'
nance, file mis- OF their claim IN writing
for said labor OF material SO furnished
in the office of the city recorder, stating
the amount thereof, which amount shall
be withheld by the recorder from the
amount due such contractor until such
claim is adjusted aud agreed upon as to
the amount between the contractor and
claimant, as provided in the next sec
tiOn.
Section a. II the amount of said
claims SO filed are agreed upon and adj
justed by the said claimant and contrac-
tor, the recorder shall deliver warrants
in accordance with such agreement aud
adjustment; otherwise he shall retain
said warrants for period OF not more
than twenty days from the date OF the
acceptance of said work, when he shall
deliver the same to the said contractor
or his order the same as II no claim had
been filed as aforesaid, unless the said
claimant or claimants shall, previous 10
to the expiration of the twenty days
aforesaid, commence a suit or action in
a court OF competent jurisdiction to re-
cover the amount Of their said claim or
claims, and cause a writ of attachment
to be issued and notice thereof in writ
ing To be served upon the recorder, in
which case said recorder shall withhold
said warrants until the final determine
tion OF the rights OF the respective par
ties by the Court.
Section S. In the adjustment OF claims
filed under the provisions of this Ordi-
nance claims for labor furnished shall be
given priority. In all cases where claims
have been filed with the recorder,
whether the same be disputed or not,
written evidence shall be furnished the
recorder of any adjustment, and the
same duly signed by the claimant before
any warrant or warrants shall be issued
10 the parties originally entitled thereto.
Section o. All contracts hereafter en-
tered into for the improvement OF
streets, construction or repair OF any
sewers or other public work, shall refer
TO this Ordinance at least by number,
aud shall be construed to be subject TO
all OF its provisions.
Section 2. The recorder OF the city OF