Year: 1874

brances.


SEc 28 No creditor shall be allowed to
enforce the liri created under the fnrego-
ing provisions, as against or to the preiu
dice Of any other creditor or any incum-
brance, unless suit be instituted to emf rec
such lien within six months after the last
payment for labor or materials shall have
become due and payable.


SEC 20. Every sub contractor, mechan-
ic, workman or other person, who shall
hereafter, in pursuance Of the purposes of
the original contract between the owner Of
any lot or piece Of ground, or his agent
and the original contractor, perform any
labor or furnish any materials in building,
altering, repairing, beautifying or orna-
mentlng any house or other building OF
appurtenance thereto, on such lot OF on
any street or alley, and connected with
such building or appurtenance, shall have
a lien for the value Of such labor and ma
terlals upon such house or building and
appurtenances, and upon the lot or land
upon which the same stands, to the extent
of the right, title and interest Of such
owner at the time of making the original
contract for such house or the improve
ment but the aggregate Of all the liens
hereby authorized shall not exceed the
price stipula ed in the original contract be-
tween such owner and the original con
tractor for such improvement. In no case
shall the owner be compelled to pay
greater sum for or on account Of such
house, building or other improvement than
the price or sum stipulated in said original
contract or agreement Prorided, If it
shall appear to the court that the owner
/ and Aula lxr anI L.,
purpose Of defrauding sub contractors,
liked an unreasonably low price in their
original contract for the erection or repara-
tion Of such building, then the court shall
ascertain how much of a difference exists
between tair price for the labor or ma
terial used in said building or other i'm
provements, and the sum named in said
original contract said difference shall be
considered part Of the contract and be
subject to lien but in no case shall the
original contractors time or profits be Sc
cured by this lien only 50 far as the sum
named in the original contract or agree
ment.


| SEC. 30. The person performing such
labor, or furnishing such materials, shall
cause notice, in writing, to be served on
such owner or his agent, substantially in
the following form:


To..............: You are hereby notified
that have been employed by .............,
! to (here state whether To labor OF furnish
material, and substantially the nature Of
the undertaking or demand) upon your
(here state the building, and where
situated, in general terms) y and that |
shall hold the (building, or as the case
may be-, and your interest in the ground
liable for the amount that lis or may be-
Gomez due me on account thereof


Date. Signature.


SEC 81. II there is contract between
the original contractor and the sub-con-
Tractor. a copy OF such sub-contract, if the
same can be obtained, shall be served with
such notice and attached thereto, which
notice shall be served within forty days
from the completion Of such sub-cUntract
or within forty days after payment should
have been made To the person performing
such labor Or furnishing such material.
SEC. 80. In all cases where the owner
cannot be found III the county in which
said improvement is made, Or shall not re-
side therein, the person furnishing labor
or materials shall hle said notice IN the
/ office " the clerk Of the circuit court, Who
shall enter, in book to be kept for that
purpose, alphabetically, the names Of the
owners, and opposite thereto the names of
the persons ella ming liens, for which the
clerk shall receive a fee of fifty cents A
copy of said notice shall be published i'll
some newspaper printed III said county,
Tor four successive weeks after filing such
notice with the clerk as aforesaid Ii,
however, there is no paper published IN
said county, then the claimant of the lien
shall post notices in four Of the most pub
lie places III the vicinity Of said improve
menU.


SIC. 80. No claim If any sub-contractor,
mechanic, workman, or other person, shall
be lien under section twenty nine If this
act, except 80 far as the owner may be in
debted ~ the contractor at the time of
giving such notice, as aforesaid, of such
claim, or may become indebted afterward
to HIM as such contractor


4 SEC. "a. When the owner or his agent Is
notified, as aforesaid, he may retain from
any money due or to become due the orig
mai contractor, an amount sufficient 20 pay
all demands that are or will become due
\ such sub-cuntractOr, nlt chanic, workman,
or other person 50 notify ing HIM, and may
\ pay over the same to the persons entitled
thereto. In case there is not sufficient
amount due to such original contractor to
pay such persons entitled IN full, the same
snail be divided and paid to such persons
pro rata, IA proportion to the amounts due
them respectively at the time Of such pay
ment. All payments 50 made shall, be-
tween such owner and contractor, be con-
sIdered the same AS II paid to such original
contractor.


SEC. 30. The original contractor shall,
as often as requested IN writing by the
owner or lessee, or ms agent, to make out
and give to HIM u statement of the mum
Y ber Of persons III his employ, and sub econ
tractors, giving their names and the rate
of wages OF terms of contract, and how
much, If anything, is due them or any Of
them--which statement shall be made
under oath, If required.


SEC. 80. If any contractor shall fail to
/ furnish such statement within i've days
after demand made, as aforesaid, he shall
forfeit to such owner the sum Of fifty dol
lars for every such offence, which may be
recovered III an action Of debt, before
justice Of the peace.


SEC. 81. lI the money due to the person
giving such notice shal not be paid within
ten days after service thereof, as aforesaid,
OF within ten days after the money shall
become due and payable, and any money
shall then be due from such owner to the
original contractor, then such person may
tile his petition and enforce his lien, in the
same manner as hereInbefore provided in
case OF original contractors, OF he may sue
the owner and contractor jointly for the
amount due him, IN any court having jurls-
dictlOn Of the amount claimed to be due,
and a personal Judgment may be rendered
therein AS ia other cases.


SEC. 80. 1t execution issued on a judg-
ment obtained before a justice Of the peace
shall be returned not satlsfed, a transcript
OF such judgment may be taken to the CIR
cult court, and spread upon the records