Year: 1860




man, laborer or other person, who
shall do or perform any work or labor
upon, or furnish any materials, ma
chinery or fixtures for any building,
erection CT other improvement upon
land, including contractors, sub-con-
contractors, material furnshers, mechan-
les and laborers engaged in the construc-
ticn of any Rail Road or other work Of in
ternal improvement, or for repairing the
same under or by virtue cf any contract
with the owner or proprietor thereof, or
his agent, trustee, contractor or sub-con-
tractor. upon complying with the pro-
visions of this act, shall have for his
work or labor done, or materials, ma
chinery or fixtures furnished, lien up
on such building erection, or improve
ment, and upon the land belonging to
such owner or proprietor on which the
same is situated, to secure the pay ment
of such work or labor done. or materials.
machinery or fixtures furnished.


SEC, 2. Every sub-contractor wish
ing to avail himself of the benefits Of this
act shall give notice to the owner or pro-
prietor, or his agent or trustees, before
or at the time he furnisle, any OF TIA
things aforesaid, or performs any of The
labor, of his intention to furnish or per-
form the same and the probable valuo
thereof, and if afterwards the things ar,
furnished or labor done, the sub-contlact-
or shall settle with the contractor there
for, and having made the settlement 10
writing, the same signed by the c,n-
tractor 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 tie things shall have been fur
nished, or the labor performed, the sub
director shall file with the Clerk Of tho
District Court of the County in which
the building, erection or other improve
ments is situated, copy Of the settle
ment between him and tie contractor
which shall be lien, on the building,
erection or other Improvement, for
which the things were furnished or ior
which the labor was performed, and
shall at the time file correct description
of the property TO be charged with tho
lien. the correctness Of sll which shall
be verified by affidavit.


SEC. g. In the case the contractor
shall for any reason fail or refuse 10
make and sign snch settlement in writ
ing with the sub contractor when tho
same is demanded, then the ub-conlract-
or shall make a just and true statement
of work and labor done, or things fur
nished by him, giving al credits which
he shall present TO the owner or propri
etor, or his agent, or trustee, and shall
also within said thirty days file copy
of The same, verified by affidavit, with tl.a
Clerk Of the District Court of the Cour-
ty in which the building, erection or other
improvement is situated, together with
a correct description of the property to
be charged with the lien.


SEc. 4. The certificate Of settlement
made as aforesaid, or the statement Of
the sub contractor, shall be a lustiica-
ton 10 the employer in Withholding from
the contractor, the amount appearing
thereby 10 be due 10 the sub contractor.
until he is satisfied that the same Las
been paid, and the employer shall BE-
come the surety Of the contractor to lha
sub-contractor for the amount due for
such work, and labor or things not how
ever exceeding the value thereofas mott
lied under section second.


SEC. 5. The notices mentioned in
the preceding sections. may be served
by the Sheriff or any constable Of ~,
County in which such building. croc
ton or other improvement is So situated.
and the return thereon of such sheriff or
constable (shall) be received in evidence
without further proof


SEC. 6. Ii shall be the duty Of every
person, except rs has been provided for
sub contractors, who wishes TO avail
himself OF the provisions of this chapter.
to file with the Clerk of the Dlsuict
Court of the County in which the builI
ing, erection, or other improvems to
be charged with the lien is situated, and
within ninety days after all tie thiGg+
aforesaid shall have been furnished, os
tbe work or labor done or performed. =
just and true account Of The demand due
or owing to him after allowing all cred
its, and containing correct description
of the property to be charged with SAIL
lien and verified by alhiaNt


Src. :. l. shall be tie duty Of ths
Clerk Of the District Court to endorse
upon every account the daie OF its fling.
and ma Q an abstract thereof in 10 K
By him 10 b. kept for that purpose and
properly indexed. containing The date
OF us hhng, the name Of the person lay.
ing or impoalng the lien. the amour, OF
said lien. the name of the persen against
whose property the lien IS filed. aud ,
description Of the property TO be charge
with the same, for all of which he al al
receive the sum of ono dollar from Il
person laying or imposing the lien
which shall be taxed and collected as otl,
or costs III case there be suit there
on.


| Sgc. 8. The liens for work or latc
done or things furnished as specified
this act. shall have priority in tho hrde
OF the 6ling Of the accounts thereof =