furnished,

etc.

machinery or materials for constructing, altering, or repair- Lien for work ing any boat, vessel, or other water craft, or for erecting, performed altering, repairing, or removing any house, mill, manufac- materials tory, or other building, appurtenance, fixture, bridge, or other structure, by virtue of a contract with the owner or owners, his or their authorized agents shall have a lien, to secure the payment of the same, upon such boat, vessel, or other water craft, or upon such house, mill, manufactory, or other building, or appurtenance, fixture, bridge, or other structure, and the interest of said owner or owners in the lot of land on which the same shall stand or be removed to.

SEC. 2. That such person, in order to obtain such lien, shall file, within four months from the time of performing such labor or furnishing such machiney or materials, with the recorder of the county where said labor was performed, or machinery or materials were furnished, an affidavit containing an itemized account of the amount and value of such labor, machinery or materials, with all credits and offsets thereon, a copy of said contract, if it be in writing, and if it be not in writing, a statement of the amounts and times of payment to be made thereunder, and a description of the land on which said house, mill, manufactory, or other building, or appurtenance, fixture, bridge, or other structure shall stand or be removed to, and the same shall be recorded in a separate book therefor, and shall operate as a lien from the first item of said labor performed, or said machinery and materials furnished upon or towards the property designated in the first section of this act, and the interest of the owner in the lot or land on which the same shall stand or be removed to, for one year from and after the date of filing said attested account, and in case of any action to enforce said lien witin that time, the same shall continue in force until the final adjudication thereof.

SEC. 3. That any person who shall perform labor or furnish materials for constructing, altering, or repairing any street, turnpike, road, sidewalk, way, or drain, ditch, or sewer, by virtue of a private contract between him and the owner or owners of lands abutting thereon, his or their authorized agents, shall have a lien for the payment of the same against said lands of such of said owners as fail to pay, when due, their share of the cost of such construction, alteration and repair.

SEC. 4. In order to obtain such lien, such person shall file, within four months from the time of performing such labor or furnishing such materials, with the recorder of the county where said labor was performed or materials furnished, an affidavit containing an itemized account of the amount and value of said labor or materials an estimate per front foot of the value of said labor or materials along the lines of said street, turnpike, road, sidewalk, or way, ditch, drain or sewer, when said contract is made with several owners, a description of the lands, with the number of front eet abutt ing on said line or lines of such owner or owners

To obtain such lien, itemized ac

count must be filed within four

months with county recorder.

Record of

liens to be kept by recorder.

Liens on

realty for constructing streets, side

walks, sewers, etc.

When several liens be obtained they shall be paid pro rata.

Where property will not sell for sufficient to pay lien by reason of defective title.

Forfeit of lien when holder proceed to sell, lease, etc., when payment has been made or tendered.

Procedure against property beyond

the reach of

process.

Rights of executors and administrators.

as fail to pay, a copy of the contract, if it be in writing, and and if not in writing, a statement of the amounts and times of payments to be made thereunder, which shall be recorded in a separate book therefor, and shall operate as a lien on the interest of such delinquent in the abutting lands, from the first item of said labor done or materials furnished, for one year from and after the filing of said attested account, and in case of any action to enforce said lien within that time, it shall continue in force until finally adjudicated.

SEC. 5. If several liens be obtained by several persons on the same job, in the manner prescribed by the foregoing sections of this act, said liens shall have no priority among themselves, but payment thereon shall be made pro rata.

SEC. 6. If in any action for the enforcement of such lien, the property subject thereto will not sell on execution, by reason of the owner or owners' defective title thereto, the court shall order the officer returning said execution to rent or lease said property, but subject to all prior bona fide liens, until the rents and profits thereof shall pay such lien, Said rents shall be made payable to said officer, or his successor in office, and when paid shall be forthwith returned by him into court, for distribution to the party or parties thereto entitled.

SEC. 7. If any lien holder, after the amount of his lien or judgment thereon, with legal costs, has been paid or tendered him, shall nevertheless proceed to sell, lease, or rent said property so above provided, he shall forfeit said lien, and pay the owner all damages arising to him therefrom, not exceeding the amount of said lien and his costs; and if said lien holder, after the amount of his lien has been satisfied or adjudged against him in any action thereon, shall neglect or refuse, on the written request of the owner to file within ten days thereafter, a certificate of said satisfaction or adjudication, with the county recorder, and to be entered by him on the margin of the record of said lien, said lien holder shall pay said owner, in action by him, all damages arising therefrom, not exceeding the amount of said lien and costs.

SEC. 8. If any lien holder shall proceed under this act against property whose owner resides without the state, or is beyond the reach of process, said lien holder may proceed against such property in attachment, and have the same sold, rented, or leased, as above prescribed.

SEC. 9. That all executors and administrators of owners deceased, shall have the same rights and be subject to the same liabilities under this act that said owners would enjoy or be subject to if alive.

SEC. 10. That any sub-contractor or material man, laborer, mechanics doing any labor or furnishing any machinery or materials towards the construction, alteration, removal, or repair of any property, appurtenances, or structure as described in the first and third sections of this act, under a contract between its owner or owners, his authorized agent or agents, and the head or principal contractor, or between the head contractor or any sub-contractor and any laborer or mechanic, or person furnishing materials to any contractor, and whose demands therefor shall not be paid when due, may file with said owner or owners, his or their authorized agents, a sworn and itemized account of the amount and value of said labor or materials, with all credits and set off therein; and thereupon said owner or owners, his authorized agents or attorneys, shall detain from said head contractor, all subsequent payments due him under his contract, as hereinafter provided, and as security for said account and those accounts or estimates of other sub-contractors, and material men, laborers, mechanics, or persons furnishing materials to any contractor, who may intervene before the next subsequent payment under said contract, or within ten days thereafter; and in order to notify his fellow sub-contractors or material men of such detention, said sub-contractor or material man, laborers, mechanics, or persons furnishing materials to any contractor, on filing said account with said owner or owners, his authorized agents or attorneys, shall immediately deposit a copy thereof, under penalty of being postponed to his fellow sub-contractors or material men, laborers, mechanics, or persons furnishing materials to any contractor, in case of neglecting the same, with the recorder of the county where such property, appurtenance, or structure is situate; for filing which, or making any copy thereof, or certificate of date of filing, said recorder shall be entitled to the same fees as he now receives for like services in regard to chattel mortgages SEC. 11. That upon the deposit of said copy with said county recorder, by said sub contractor or material man, laborers, mechanics, or persons furnishing materials to any contractor, his fellow sub-contractors or material men, laborers, mechanics, or persons furnishing materials to any contractor, in order to be paid pro rata with him out of said subsequent payment or payments, shall file with said owner or owners, or authorized agent, before the first of said subsequent payments falls due, or within ten days thereafter, a sworn account or estimate of the labor, machinery, or materials furnished or to be furnished under their said contracts with the head contractor or sub-contractor, and upon their failure so to do, shall have no recourse against said owner or owners, or his or their authorized agents, for any prior payments made under his contract with his head contractor, or sub-contractor.

Account to be filed with

recorder, and fees therefor.

Payment of claims to be made pro rata.

SEC. 12. That upon the filing of said account, as provided Unadjusted in section ten of this act, said owner or owners, his author- accountsized agents or attorneys, shall furnish, within five days there- how disposed from, his head contractor, or sub-contractor owing the account, with a copy thereof, and if said head contractor or sub-contractor shall not give, within five days of receipt thereof, said owner or owners, his or their authorized agents, written notice of his intention to dispute said account, or shall neg

Disputed accounts or estimates, how disposed of.

When contractor or

lect or refuse, within five days after giving said last named notice, to begin the arbitration hereinafter provided for settlement of said dispute, or commence an action to adjust said account, he shall be considered as assenting to said account, and thereupon said owners or owners, his or their authorized agents, shall pro rate the payment of the same out of said subsequent payments, with the amounts when due; such sworn accounts or estimates as shall have been, meanwhile, filed by other sub-contractors or material men, laborers, mechanics, or persons furnishing materials to any contractor. and have been assented to or adjusted, as provided for in this act, before the first of said subsequent payments, or within ten days thereafter; but all claims in favor of laborers, mechanics, or persons furnishing materials to any contractor, shall be paid before the claims of sub contractors, and those of sub-contractors before the principal contractors.

SEC. 13. That if said head contractor shall dispute any account or estimate of his sub-contractors or material men, or any sub-contractor shall dispute any account of any laborer, mechanic, or person furnishing him materials, so filed, and and it can not be adjusted between themselves, it shall be submitted to the arbitration of three disinterested persons, one to be chosen by each of the parties, and one by the two thus chosen, and their decision, or that of any two of them, shall, in the absence of fraud or collusion, be final and conclusive on the parties.

SEC. 14. If any head contractor or sub-contractor shall neglect or refuse to pay, within five days after his assent to

sub-contract- or adjustment of said account, the amount thereof and costs

or refuse or neglect to pay accounts

owners, etc., shall pay the whole or pro rata amount.

incurred, to said sub-contractor or material man, laborer, mechanic, or person furnishing materials, the owner or owners, or his or their authorized agents, shall pay, when due, the whole or pro rata amount thereof, as the case may be, as above provided out of said subsequent payment or payments, or within ten days thereafter, and on his failure so to do, said sub-contractor or material man, laborer, mechanic, or person furnishing materials, may recover against said owner, in an action for money had or received when due, the whole or pro rata amount, as the case may be, of his said account or estimate, not exceeding in any case the balance due to said head contractor.

SEC. 15. That if out of said subsequent payments, as they severally fall due under his contract, or within ten days thereafter, said owner or owners, his or their authorized agents, shall neglect or refuse to pay, when due, the whole or pro rata amounts, as the case may be, of such sworn accounts or estimates of such sub-contractor or material man, laborer, mechanic, or person furnishing materials, he shall be entitled to a lien, on filing with the recorder of the county wherein the property is situated on which such labor was performed, or machinery or materials furnished, within forty days from the date of said subsequent payment, an affidavit

containing an itemized account of the amount and value of such labor, machinery, or materials, with all credits and offsets thereon, and the same statements as are required by the second or fourth sections of this act. as the case may be, from head contractors obtaining liens thereunder, which lien shall date back from the first item of said labor, machinery, or materials, and have the same operation, effect, and duration, and be subject to the same obligations with respect to said owner or owners, his or their authorized agents, as the lien of a head contractor in similar cases.

SEC. 16. Said lien shall take precedence over any lien already taken or to be taken by the head contractor, and said liens of laborers, mechanics, or persons furnishing materials to any contractor or sub-contractor, shall take precedence over any lien already taken or to be taken by the contractor or sub-contractor indebted to them; and any assignment or transfer by said head contractor, of his contract with said owner, as well as all proceedings in attachment, or otherwise, against such head contractor, to subject or incumber his interest in said contract, shall saye and be subject to the claims of every laborer, mechanic, sub-contractor, or material man, who has furnished any labor, machinery, or materials toward the construction, alteration, removal, or repair of any property designated in this act.

SEC. 17. If by collusion or fraud, said owner or owners, his or their agent or agents, shall pay in advance of the payments due under said contract, and thereby diminish the amount of funds for said laborer, mechanic, sub-contractor, or material man, said owner or owners, his or their authorized agents, shall be liable to the amount that would have been due at the filing of said account, in the same manner as if no such payment had been made; but any such payments made by said owner or owners, his or their authorized agent or agents, in good faith to said contractor or others, in order to complete the construction, alteration, removal or repair, any property designated in this act, according to the original contract, shall not be held as fraudulent or collusive.

Precedence of liens.

Where collu

sion or fraud exists between owner

and contractor.

Completion

which con

SEC. 18. If the progress or completion of the work on any of the property designated in this act, be supended by the default or decease of its owner or owners, without consent of such head or sub-contractor, or material man, he or they, or tract has any of them, may proceed with said work, in accordance, however, with the terms of the original plan or contract, and on completion thereof, have either or all the remedies provided by this act.

SEC. 19. That the act entitled "an act to create a lien in

been made.

Acts re

favor of mechanics and others in certain cases," passed pealed.
passed March 11, 1843, the amendatory and supplementary
act thereto, passed May 1, 1871, and the amendatory act