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The New Mechanics' Lien Law

The New Mechanics' Lien Law image
Parent Issue
Public Domain
OCR Text

'JQio folio r üiü liill for iliis botter w.'curil other persona fumishing lal a and ■ .f Ottawa, : ' m. Il tak 171. ia con '■!■', v.-im i the pwnor or 1 of any ■.; or picoo of ■ '., mui the ori ray sub conti i bor in ipairing, i or i i viilue l)ild ag : : i , c i ' i . , i v, '. ' . d, not e to the cxtoiit of iho rigkt, titlo una iit jrcst of the owner or losseo at the tiie of ths making of )!-." original contra-jl : lmt the aggreg arts nol ■ . . 1 1 - 1 1. :■ l in í!i" original con , fonuing labor or fV n ï.i. iii wi'it: the bwnor or lossee, or bis i to the cfléot thut lie bas or is alioul to nn laboT or futnish matorial, and that he will hold tho houso itnd tho owaii-'i interest in tho ground liab! piy. Ifthere is in v. ■'. bctweeon 1h.' origin tl" ei and il: BU'bMJont nictor orthc person pi rfonning the labor, a copy of ij I virii notictí, il' it can !■■■■ in -i : bo i iv. i i i !in twenty daya after paytneni shonld bn ■. ■ b rson for hüs labor or matcrials furnishert. In all casos wli ownor pr 1 oi1 his agent, cannot bc f'oun! in Uic y ivliciv the improvcinonts aro iua-3 or or mal bia nótico v-iih tho who ia required (i fci porposo. A copy of ihis notioe i to be uil nt {}]■ '■■' ;.': olaimant owspapet iñ tíuc oounty q. o a wook for föui whcro i b hó neWspapei fóur noticca ai-o ' in public pli of the ooatract nood not 1h published. Tho original contractór . as oftcn as is ■ in writing, to the ownor ov lessee, or hi ment of tho numljer ánd nam 3 of persons v. nis employé and sub-c tho amounts due them, áúd their rati i af wages. Thio statement i;; to bo undcr oath, if roquirod. Ii' the inoney then rluo and payable to such petsom shal] not bo paid vv'ithin ten days aftor sorvico of the notice, as afore mentioned, or if the moncy ís not then due and payablo, then, witbin ton days aftor ït io, i!' the ainount as claimod is odiriittod by tho contau I sub-contractor, snit , ■ fcherofor in any court having jurisdiction, against tho ówner or leseo os if he wore tfio original dobtor, and judgmont inay be rol d exeoution had as in other casos. Iftheamou admitted by Ihc contractor or sub-oonor dirootly liablo to pay the same within ten days after the notice hos boon served, or ton days ofter the surn is duo, tho cl i the contraotor and owner jointly and receive judgment and execution occotdingly. It is, however, provided that whon a judgraent is rondcred against tho ownor, or against the owner and contractor jointly, tho o may show to the court tho amount ho actually owed, or v.'us duo and payablo to the contractor al the time suit was coiumencedi and thi is to be indorsod on tho execution, and it is only valid for that suin and no gre iter one. When any judgment is rendored against the o on any olaim admittod to be just by the oontrootor, the owner is made liabïe for tho costs of suit. No judgment against the owner shall be a bar to any snit brottght for the amount of tho claim or any portion of itremainingj unpaid against the contraotor diroctly liable to pay the claim ast. Should tho original contractor from any cause fail to complete )ii ■. an.v t „ oin&vms ui ,1 üen in; y nlo OÍS tion in a court of record against tho ownor and contractor, setting forth the nature of his claim, the amount duo, and tho naines of persons èmployed on the building or improvomont. Noticesof the suit shall bc served on the persons named in tho petition, and such as shall appear shall have their claims adi '. and decree shall bo ontered against the owner and original contractor for such an amount as the WOrk and matorials shall bc shown to bo reiusonably worth, according to tho original contract prico, first dcducting such amounts as havo boen rightfully paid on the contract by tho owner. Tho balance is then to bo dividod nmong tho olaimants in proportion to thcir respeotive Lntoreats as asoertained by the COÜrt. ïhc premisos aro to bo solïl within thirty days, unless the judgment is soonor paid. No payrnonts to tlio original contractor or any sub-contractor sliall bo rogarded as rightfuiiy made, ifmadein violation of the ríghts conforred by this act. The lien oreated by this act continuos for si x months trota the time of performance of the sub-contract, or doing of th work or furnisliing materials. Whero suit has been comruenced undor the provisions of tho act all liens aro barred by decrees enterod in tho casu.


Old News
Michigan Argus