Year: 1860

SllAI Lie 1Oo.


AN ACT securing liens to mechanics, la


borers and others. g."


SECTION I. Be it enacted by the Gene


raj Assensbly Of The, State Of Iowo, Ths


every mechanic, builder, artisan, wort


man, laborer or other person, who shall d


or perform any work or labor upon, o


furnish any materials machinery or fixture


for any building, erection or other i'm,


provement upon land, including contrae


tors, material furnshers, mechanics ant


laborers engaged in the construction of an,


Rail Road or other work of internal i'm


provement, or for repairing the same un-


der or by virtue Of any contract with tn


owner or proprietor thereof, or his agent


trustee, contractor, or sub contractor, upo1


complying with the provisions of this act


shall have for his work or labor done, OF


materials, machinery or fixtures furnished


lien upon such building erection, or i'm


provement, and upon the land belonging


to such owner or proprietor on wn'cn inc


same is situated, to secure the payment OF


such work or labor done, or materials, ma


chinery or fixtures furnished.


50. Every sub-contractor wishing to


avail himself Of the benefits OF this shall


give notice to the owner or proprietor, or


his agent or trustee, before or at the time


he furnishes any Of the things aforesaid, or
performs any Of the labor, Of his intention
to furnish or perfom the same, and the
probable value thereof; and if afterwards
the things are furnished or labor done. the
sub-contractor shall settle with the con-
tractor therefor, and having made the set
tement in writing, the same signed by the
contractor and certified by him to be Just.
shall be presented to the owner or pro-
Prietor, or his agent or, trustee and left
with him, and within thirty days from the
time the things shall have been furnished,
or the labor performed, the s,lbdirector
shall file with the Clerk of the District
Court Of the County in which the building,
erection or other Improvement is situated.
a copy of the settlement between him and
the contractor which shall be a lien. on the
building, erection or other improvement.
for which the things were furnished or for
which the labor was performed and shall
at the time file correct description Of the
property to be charged with the lien, the
correctness Of all which shall be verified
by affidavit.


) 3. In the case the contractng shall
tor any reason fail or refuse to make and
sign such settlement in writing with the
sub-contractor when the same is deman Jed.
then the sub.contractor shall make Just
and true statement of work and labor done,
or things furnished by him, giving all cred
its which he shall present to the owner or
proprietor, or his agent, or trustee, and
shall also within said thirty days file copy
OF the same, verified by affidavit with the
Clerk Of the District Court of the County
in which the building, erection or other i'm
provement is situated, together with a cor
rect description Of the property to be
charged with the lien


5 4. The certificate Of settlement made |
rs aforesaid, or the statement of the sub
shall be Justification to the
employer in Withholding from the coli
tractor, the amount appearing thereby to .
be due to the sub contractor until he is /
satisfied that the same has been paid. and .
the employer shall become the surety or
the contractor to the sub-contractpr for the .
amount due for such work. and labor or
th'ngs not however exceeding the value
thereof as notified under section second.


>. The notices mentioned in the pre-
rcdng sections, may be served by the
Sheriff or any constable of the County in
which such building, erection or other i'm
proveinent is SO situated, and the return
thereon of such sheriff or constable (>halD
be received in evidence without further
proof


g. It shall be the duty Of every per
'on, except as has been provided for sub
contractors, who wishes to avail himself Of
he provisions of this chapter, to file with
he Clerk OF the District Court of the Co,,n-
y in which the building, erection, or other
Improvement, to be charged with the lien
; situated, and within ninety days after
III the things aforesaid shall have been
or the work or labor done or
performed, a just aud true account of the
rue demand due or owing to him after al
owing all credits, and containing correct
description Of the property to be charged
With said lien and verified by affidavit.
5 7. 1t shall be the duty of the Clerk
# the District Court to endorse upon eve (
y account the date Of it's filing, aud make
n abstract thereof in a book by him to be !
ept for that purpose and property indexed,
"nta'ning the date Of its filing, the names I
{ the person laying or imposing the lien,
he amount of said lien, the name of the
erson against whose property the lien is :
led, and description of property to be I
harged with the same, for all of which he
hall receive the sum of one dollar from
he person laying or imposing the lien, ,
'hlch shall be taxed and collected as other 5
osts in case there be suit thereon.
.. The liens for work or labor done I
: things furnished as specified in this act, ;
hall have priority in the order of the filing ,
I the accounts thereof as aforesaid, and
hall be preferred To all other liens and in
lmbrances, which may be attached to or ,
pom such building, erection or other i'm {
rovement, and to the land on which the t
"'e ''h - situated, or either of them, made ,
unseqaent to the commencement of said
erection ur Or other Improvement. I


ine entire land upon which any t
lch building, erection or other ;r, ,,roua
lent IS situated, including as we'll that nar,
said land which is not covered VIII Ia. l !
ullding, erection or other Improvement
that part thereof is covered with the |
anne shall be subject to all liens created 5
y this act to the extent and only to the
~F all L. ~