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laboring upon or with machinery.
any engine, machine, apparatus, fixtures, or other thing or imLien of person plement, shall have a lien upon the product of his labor to the extent of the value of any labor so performed, and upon said engine, machine, apparatus, fixtures, things or implements when the labor was performed on said engine, machine, apparatus, Extent of lien. fixtures, things or implements, for the repair, benefit or improvement of said engine, machine, apparatus, fixtures, things or implements.
&c., to mills
SEC. 7. That any person who shall furnish any logs, lumber, Lien of persons clay, sand, stone, or other material whatsoever, crude or parfurnishing logs, tially or wholly prepared for use, to any mill or other manuand other man- factory to be manufactured into any article of value, and any raftsman or timber getter or other person who does any work on any logs or timber as a raftsman or timber getter, shall have a lien on all such logs, lumber, clay, sand, stone, or other material, and upon all articles manufactured therefrom, to the extent of the value of such material as furnished, or of such work done or performed thereon.
SEC. 8. That any person or persons who shall contract or subcontract to build or repair any building, railroad, canal, telesub-contractor graph, telephone, wharf, bridge, mill, distillery, or other manof employees to ufactory, work or structure, shall, when required in writing employer when required. to do so, furnish to the person or persons having the work done, a correct list of all persons who as sub-contractors, or material men, are furnishing materials therefor, and if any contractor or sub-contractor shall fail or refuse to furnish such list when so required, such failure or refusal may be pleaded in bar of such contractor's or sub-contractor's lien upon the work being done, unless it can be shown that all claims for materials so furnished have been paid for; Frovided, however, That nothing in this section shall be so construed as to impair wage workers. the lien, right or claim of any wage-worker employed upon such building, railroad, canal, telegraph or telephone, wharf, bridge, mill, distillery or other manufactory, work or structure.
Provisor as to
SEC. 9. That any person or persons who shall furnish any Lien of persons locomotives or stationary engine, water engine, wind mill, car chinery or parts or other machine, or parts of machine or instrument for any railroad, telegraph, telephone, mill, distillery or other manufactory, shall have a lien upon the articles so furnished to the extent of any amount or balance that may remain due therefor.
SEC. 10. That book-keepers, clerks, agents, porters and other Lien of clerks, employees of merchants and transportation companies and other corporations, shall have a lien of superior dignity to all others upon the stock, fixtures and other property of such merchants and transportation companies and other corporations, to the extent of the amount of any labor performed in the con
agents, porters, &c.
duct of the business of said merchant, transportation company or other corporation.
SEC. 11. That if any contractor or contractors, sub-contractor or sub-contractors, shall receive any money or other valuable Contractors and consideration as a payment upon any building, railroad, canal, to pay employ telegraph, telephone, wharf, mill or other structure erected or ces when prinbeing constructed or repaired, upon any promise made to the cipal pays them owner or owners thereof, or the person or persons having the work constructed or repaired, that such money or the value of such other valuable consideration shall be expended in paying the laborers engaged thereon, sub-contractors and material men for work done upon and materials used in such construction or repairs, [and] shall fail or refuse to pay such laborers and subcontractors for their labor, and material men for their material, according to such promise, he or they shall be deemed guilty Penalty for failof obtaining money under false pretenses, and upon conviction ure to do so. thereof, shall be punished as is provided by statute for such
cles repaired disposes of
son having arti
SEC. 12. That any person for whom any article or thing of value may have been made, altered or repaired, [who] shall re- Penalty if perceive the same before paying for such making, alteration or repair, and shall dispose of the same within 90 days from the date of its delivery to him without having fully paid for such mak- paying for it. ing, alteration or repairs, shall be deemed guilty of larceny, and upon conviction thereof shall be punished as is provided by statute for such offence according to the value of the property so disposed of.
when to indem
SEC. 13. Should any person who contracts to build or repair any building, railroad, wharf, bridge or other manufactory, Sub-contractor, work or structure, sub-contract the same entire or as a whole to nify owner. any other person without the consent of the owner, such person shall indemnify and pay such owner all loss that he may sustain in consequence thereof; Provided, however, That this section Sub-letting not shall not be so construed as to prevent original contractors from parceling out or sub-letting any of the several parts or kinds of work required to be done by the specifications of such original contract.
render statement as to ap
SEC. 14. That before final payment for the building or repair of any building, work or structure can be demanded by any contractor or sub-contractor, the owner or person for whom such building, work or structure has been built or repaired, may require such contractor or sub-contractor to furnish satisfactory evidence that all previous payments made thereon, or so much quired. thereof as may be necessary, have been used in paying for the work that has been performed thereon, and material used there
plication of ments when re
Failure to pay certain cases to
be obtaining money under
Courts to be always open.
in, or that all just claims against such building, work or struc
SEC. 15. That any person or persons who for the purpose of
SEC. 16. The courts of this State shall always be open to hear and determine causes arising under this act.
SEC. 17. That the liens provided for in this act shall be creWhen lien crea- ated at the time any labor is done or material furnished and shall continue for six months from the last day upon which such labor was done or material furnished.
had to enforce liens.
Feme coverts aud infants.
SEC. 18. The liens created by this act may be enforced seve rally by any mechanic, laborer, or material man, or other per son or persons to whom money may be due for labor performed or material furnished (or his agent or attorney) making affidavit before the Clerk of the Circuit Court, the County Judge, the Judge of the County Court, or a Justice of the Peace (according as the amount involved may be within their respective jurisdiction) that there is due and unpaid such person $, (specifying the amount) for work done or material furnished, or both (as the case may be), specifying when and where the labor was done or the material was furnished, and it such lien be such as to attach to any lot or lands, describe the lot or lands; also that demand of payment has been made and payment has been re used, and that such affidavit is made in good faith, and not through malice or vexation. Upon filing such affidavit and giving bond with good and sufficient securi ty, to be approved by such Clerk of the Circuit Court, Judge of the County Court, County Judge or Justice of the Peace (as the case may be), conditioned to pay to the defendant or defendants all costs and damages that he or they may sustain in consequence of the wrongful and improper bringing of such suit, then it shall be the duty of such Clerk of the Circuit Court, Judge of the County Court, County Judge or Justice of the Peace (as the case may be), to issue a writ of attachment against such property or material, and a summons directed to the owner or owners of said property, and if said owners be femme covert or minors, then to such femme covert and her husband or to such minors and their guardians, returnable instanter; Provided, however, That if the plaintiff or his agent or attorney shall
make affidavit that he is unable to give the required bond, then such writ shall issue and such cause shall be fully heard and determined without the giving of any bond; And provided, further, That any party claiming any rights under this act may commence suit to enforce his lien by affidavit and summons without procuring a writ of attachment.
SEC. 19. Upon the return of such writ and summous, should the defendants appear or not, the Judge of the Circuit Court, Jury trial. County Judge, Judge of the County Court, or Justice of the Peace (as the case may be), shall have a jury called from the
bystanders or from the county at large to try the issues, first: Issues to be dewhether or not the plaintiff did the work or furnished the ma- termined. terials as claimed; second, whether or not he has been paid for
SEC. 20. That, if upon trial of the case it shall be found in favor of the plaintiff, then judgment shall be rendered in his Amount of favor for the amount as returned by the jury, together with the costs of the court, and an attorney's fee of not less than ten dollars ($10), if the suit is tried before a Justice of the Peace, Attorneys fees. and not less than twenty-five dollars ($25), if it be tried before the County Judge, the Judge of the County or Circuit Court.
SEC. 21. That after the rendition of any judgment under the
provisions of this act, if the amount thereof and all costs be Execution, not paid within five days therefrom, execution shall immedi- when to issue. ately be issued to the Sheriff of the county, and the property attached shall be sold after five days' notice published in some newspaper published in the county, or if there be no newspaper Proceedings published therein, then by written or printed notices posted at the door of the court house of the county, or of the office of the Justice of the Peace who issued the execution, and at least two other public places within the district of the court issuing the execution to satisfy the judgment of the plaintiff and all costs of court, including the attorney's fee provided for in section 19.
SEC. 22. That any Sheriff or other officer who shall fail or refuse to properly execute any process directed to him under Penalty for failand in accordance with the provisions of this act, shall be lia- ure to execute ble for damages in double the amount claimed in said process
to the person or persons who may be injured by such failure or refusal to execute the same.
SEC. 23. That all laws repugnant to or inconsistent with this Repeal. act are hereby repealed.
Approved June 3, 1887.
and towns deincorporated.
CHAPTER 3748-[No. 68.]
AN ACT to Legalize the Charters of all Incorporated Cities and Towns.
SECTION 1. That all cities and towns in this State which now are and for ten years last past have been exercising muclared legally nicipal government, and which, by reason of having lost or failed to preserve a record of the proceedings under which they organized as cities or towns in accordance with law, or by reason of the failure of their original incorporators to publish, in accordance with law, the notice required by section 2, of Chapter 1688, Laws of Florida, or which, by reason of having organized with a majority, instead of two-thirds, of those qualified electors who proposed to incorporate such cities or towns, have had the legality of their incorporation brought in question, are hereby declared legally incorporated.
and towns under this act.
SEO. 2. That all cities and towns covered by the provisions Powers of cities of the foregoing section be and they are hereby authorized and empowered to henceforth do all things in relation to their own government and the welfare of their citizens as fully and effectively as if there never had been any question of the legality of their incorporation; and a resolution adopted by the Board of Aldermen of any such eity or town, and attested by the Clerk thereof with his official seal, setting forth the fact that such city or town is within the provisions of the first section of this act, shall be prima facie evidence of the truth of such fact in all the courts of this State.
Evidence as to incorporation.
Approved May 19, 1887.
Board of Commissioners.
CHAPTER 3749-[No. 69.]
AT ACT to Amend Sec. 5 of an Act Entitled an Act to Dissolve Mu nicipal Corporations under Circumstances therein stated, and to Provide Provisional Governments for the same, approved January 28, 1885.
Be it enacted by the Legislature of the State of Florida :
SECTION 1. That sec. 5 of an act entitled "an act to dissolve municipal corporations under circumstances therein stated, and to provide provisional governments for the same,” approved Jan. 28, 1885, be amended to read as follows:
Sec. 5. It shall be the duty of the Governor, upon the issuance of the proclamation aforesaid, and every four years there after, to appoint, subject to confirmation by the Senate,