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is so far retroactive as to apply to material supplied or labor performed prior to its passage. It applies to all persons or any person furnishing by contract to railroad companies "fuel, ties, material supplies or any other article or thing necessary for the construction, maintenance, operation or repair" of its road, or who "shall have done and performed, or shall hereafter do or perform any work or labor for such construction, maintenance, operation or repair by like contract.” The contractor is entitled to be paid as part of the current expenses of the road. If not so paid he has a lien upon all the property, real, personal and mixed, of the company. This lien shall be not only against the company itself, but against all mortgages or other liens which shall accrue after the commencement of the delivering of the material or the performance of the labor. As a preventive of laches that might work hardship and injustice to innocent parties, it is provided that suit shall be commenced within six months after the maturity of the contract or the performance of the labor or the furnishing of the material.

$237. In case the contractor fails to pay his subcontractor, "material-man or laborer" for work done or material supplied on any contract, express or implied, the same shall have a lien upon all the property of the railroad company; "provided such sub-contractor, material - man or laborer shall have complied with the provisions of this act. But the aggregate of all liens hereby authorized shall not in any case exceed the price agreed upon in the original contract by such corporation to the original contractor; and, provided further, that no such lien shall take priority over any existing lien." The eighth section of the act declares

that the lien shall continue three months from the time of the performance of the sub-contract, except that the entry of a decree in the case shall bar all liens.

238. The person seeking redress as sub-contractor, material-man or workman must cause notice in writing to be served on the president or secretary of the railroad company substantially as follows:

To........, President (or Secretary, as the case may be) of the....

You are hereby notified that I am (or have been) employed by... ...as, a laborer (or have furnished supplies, as the case may be) on or for the... . . and that I shall hold all the property of said railroad (or railway, as the case may be) company to secure my

pay.

§ 239. If a written contract had been made, a copy of it, if obtainable, shall be attached to the notice and form a part of it. This notice must be served within twenty days after the completion of the sub-contract or labor. The same section contains the proviso, no lien shall attach in favor of any person performing such labor or furnishing material until such notice shall have been served as above, or filed for record, as hereinafter provided.

$ 240. If neither the president or the secretary or the railroad company resides in the county in which the sub-contract was made, or the lien accrued, in fact, nor can be found in it, the notice may be filed in the office of the clerk of the circuit court. The clerk shall file the same and keep a record of it; also cause a copy of it to be mailed to the person addressed in the notice. The fee for the same is 25 cents. The clerk must keep a list of the names of the persons so claiming liens

and the names of the companies against which such liens are claimed.

241. Ten days are allowed in which to liquidate the claim. If it is not paid within that time the claimant may commence suit therefor, in any court having jurisdiction of the amount claimed, the corporation with which the original contract was made being made defendant in the case. If, however, the claimant prefers, he can bring suit against the railroad company and the contractor jointly, "execution to issue as in other cases." If execution, issued on judgment obtained before a justice of the peace, shall be returned, "not satisfied," a transcript of such judgment may be taken to the circuit court and "spread upon the records. thereof, and shall have all the force and effect of judgments obtained in the circuit court, and execution issued thereon as in other cases."

§ 242. In case the claim is established the plaintiff shall be allowed an attorney's fee, $5, if before a justice, and $20 if before a court of record, the same to be taxed as cost.1

243. It will be observed that the foregoing applies to completed contracts. Section seven of the law relates to cases in which the original contractor failed to finish his contract. In that event any person entitled to a lien may file his petition in any court of record, in any county through which the road may be constructed, against the railroad corporation and the contractors, setting forth the nature of his claim and the amount due as near as may be, the fact that the

1 In the railway legislation in regard to extortion, provision is made for attorney's fees. Instead of specific amounts the law says "reasonable attorney's fees."

contractor has failed to complete his contract. The further mode of procedure in such cases is thus: "The clerk of said court shall thereupon cause a notice to be published for four successive weeks in a newspaper printed in the county, setting forth that said petition has been filed, and the time when the writ issued on the same shall have been made returnable, and all persons entitled to liens under this act may enter their appearance and interplead in said cause, and have their claims adjudicated; and it shall be the duty of the court, in case the petitioner or claimant, or either of them, established their claims, to enter a decree against the said corporation and original contractor for the amount to which the persons so establishing their claims are respectively entitled, and such decrees shall have the same force and effect as decrees in other cases.” § 244. One more statute remains to be noted. It was approved April 26, 1873. It is entitled, "An act to amend an act entitled 'An act to provide for the incorporation of associations that may be organized for the purpose of constructing railways, maintaining and operating the same, for prescribing and defining the duties and limiting the powers of such corporations, when so organized,' approved March 1, 1872.” It contains one section and three provisions. The first provision is designed to enable railway companies which had attempted to organize but failed to comply with the terms of the law, to reorganize, or cure the defects in the original organization. The last relates to municipal aid bonds. The intermediate provision is designed to prevent the evasion of contracts. It reads thus:

245. Provided, that all corporations to which this

act shall apply shall be held liable for, and shall carry out and fulfill all contracts made by them, or for, or on their behalf, or of which they have received the benefit, whether such corporation, at the time of the making of such contract or contracts, was organized, or had attempted to organize, under the general laws of the state of Illinois, or not; whether said contract was for right of way, work and labor done, or materials furnished, or for the running of trains, or carrying passengers or freight upon such road, or upon any other road in connection therewith. And if such corporation has or does take possession of or use such right of way, labor or material so furnished by other persons or corporations, it shall be evidence of its acceptance of such contract so entered into by such person or corporation with said persons or corporations for its benefit. And upon said corporation failing to pay said sum as it ought equitably to pay for such right of way, labor or materials, or fail to carry out such contracts as aforesaid, so made with persons or corporations, it shall be held liable in an action at law or in chancery for the recovery of the value of said right of way, labor or materials, and for damages for non-fulfillment of such contract, in any court of competent. jurisdiction in any county through which the road of such corporation may be located.

§ 246. The subject in hand is now exhausted, so far as concerns statutory law. Only a very few decisions in cases arising out of railway construction contracts present any peculiar phase of the general law of contract. Rarely will a claim arise for which the remedy provided by statute will not be ample.

$247. One of the notable railway construction

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