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About Albany daily democrat. (Albany, Or.) 1888-192? | View Entire Issue (Jan. 24, 1889)
Daily Democrat A HOOD Illl.U lion. R. A. Irvine has Introduced the to' Jewing bill in the Senate. Itexplaint itelf : A.Bill for an Act to protect Contractor!, Sub-Contractor and Laborers in their claims against Railroad Companies or Cor porations, Contractors or Sub-Contractors. Be it enacted by the Legislative Assem bly of the State of Oregon : Section l. That any or all person or per sons who shall hereafter as sub-contractor, material man or laborer, furnish to any contractor to any railroad corporation any fuel, ties, materials, supplies or other arti cle or thing, or who shall do or perform any work or labor for such contractor in conformity with any terms of any contract, express or implied, which such contractor may hare made with any such railroad corporation, shall have a lien upon all prop erty, real, personal and mixed.of said rail road corporation ; provided.such sub-contractor, material man or laborer shall have complied with the provisions of this Act ; but the aggregate of all liens hereby au thorized shall not in any case exceed the price agreed upon in the original contract to be paid by such corporation to the orig inal contractor j and provided further, that no such lien shall take priority over exist ing liens. Section 3. The person performing such labor shall cause a notice in writing to be served on such officer of said corporation as the service of summons may be made, which said notice may be in the following form, or any similar form : "To the. ...(name of the company). . . . t 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 com pany to secure my pay," If there shall be a contractor and sub contractor, material man or laborer,a copy of the original contract shall be served with such notice andattached thereto,whlch notice shall be served at any time within twenty days after the completion of such sub-contract or such labor. Section 3. If for any reason service of such notice can not be made in the coun ty in which the sub-contract was made jor labor performed, or material furnished, the laborer or person furnishing labor or material shall file said notice in the office Of the cierk of the circuit court, and such clerk shall keep a record of said notice and cause a copy of the same to be mailed to the head office of said company, and to keep a list of the names ot persons so claiming a lien, the names of the corporations against which such liens are claimed and the amount claimed. Section 4. If the money due the persun having given notice as aforesaid shall not be paid within ten days after the money shall become due and payable, then such person may commence suit therefor in any court having jurisdiction of the amount claimed to be due again3t the corporation with which the original contract was made; or he may commence suit as aforesaid against such railroad corporation and orig inal contractor jointly, and execution may issue thereon as in other cases. Section 5. Should the original contractor in any casa fail to complete his conti act.any person entitled to a lien as aforesaid may file his petition in any court of record in any county through which the road may be constructed against the railroad corporation and .he contractors, setting forth the na ture nf his claim and the amount due, as near as may be, and the fact that, the con tractor has failed to complete his contract. The clerk of said court shall thereupon issue a citation directed to all persons or corporations interested in the matter set forth in the petition, to be published In some newspaper printed in and of general circulation in the county, for four succes sive weeks, setting forth that said petition has been filed, and the nature thereof, and that all persons interested may appear and file such claim as they may have at a time to be stated in such citation ; and the court, cn tne hearing of said petition, and the claims of such persons as may Interplead, may rendci such a decree against said cor poration as may be due to the petitioner and such persons as interplead ; and such decree shall have the effect as other decrees against such original contractor and against said railroad corporation, and execution may issue upon the same to enforce such decree against either. Section 6. V.'heneverany suit so brought shall be determined in favor of the plaintiff or petitioner, the court shall allow such attorney's fees as may be reasonable to be taxed as costs. Section 7. Inasmuch as there is now no law upon this subject, and it is of impor tance to laborers and material men, this Act shall take effect from'and after its ap proval by the Governor. A Portland exchange speaking of the late trouble about the laborers of Searle & Deane getting their money speaks of the O. P. company always having trouble with their employes. It might add some thing to the stock of knowledge of that paper to say that the trouble was between Searle & Deane and their laborers and not between the laborers and the O. P. com pany. We have it from reliable authority that the O. P. company voluntarily pro cured the means by which the laborers of Searle & Deane were paid for their labor. That bill of Looney's to create boards of county school commissioners would not inure to the benefit of the people. Under it no two counties in the state would probably have exact ly the same kind of text-books and every time a family moved from one county to another a new set of books in part or whole would have to be purchased. 1 New Grocery Discovered This ipso Is reserved fm Dr. Oulss and 8011, of tho City Drug Store. Wttch for their adv. AT Strong's old corner, opposite Stewart fc Sox, First street, Albany, Or. A full line of FRESH CR0CER1ES. CANNED GOODS. DRIED FRUITS. ETC. "Quick sales and small profits," "Live and let live," if onr motto. Please call and examine our goods and get prieea. Satisfaction guaranteed. Produce Taken in Exchange, Very Respectfully, BARDUE & UNDERWOOD. FOSHAY & MASON, YXOLI'.AII AND AST Alb ui uggiata auu uuuiyo'uiujiO) Agents for John B, Atden's publications, which we sell at publisher's price, witi postageadied. AUDAn I VlbbUVHi TIN WARE AND HARD WARE OK ALL KINDS AT DEYOE & ROBSO ; CLOTHING For Fall and Winter L E. BLAIN'S. Rubber Coats and Boots, Shoes OIL CX-OTBEXSirG-, OVERCOATS, Fine A ssortment, Pea Jackcts-CIiinchilla. Astrachan Pull Line of Duck Suitings, ALIi grades woolen over shirts Big Stock Cardigan Jackets. HEAVY MERINO AND ALL WOOL UHDEBWESR. Winter Gloves and Mittens ALL WEIGHTS LEATHER BOOTS AND SHOES. UMBRELLAS, HATS, ETC. Last but not least a larpe stock of CLOTNING AND FURNISHINGS NEW GOODS NEW SMYRNA RUGS AND PORTIERRES. NEW TABLE COVERS. LINEN TABLE SETS, NAPKINS TO MATCH, A LARGE ASSORTMENT OF LINEN AND SILK HANDKERCHIEFS. FINE LACE HANDKERCHIEFS. TRUNKS AND VALISES. SILK DRESS PATTERNS. COLORED AND SILK WARP HENRIETTAS. SILK UMBRELLAS, Boot and Shoe Department. LADIES AND CENTS FANCY SLIPPERS. CENTS FINE SHOES. MISSES AND CHILDRENS FINE SHOES AND SLIPPERS, FELT SLIPPERS OF ALL KINDS. GROCKERY DEPARTMENT CHOICE NOVELTIES IN3GEC0RATED CHINA TEA SETS. FRUIT PLATES AND SAUCERS. DECORATED BEDROOM SETS LAMPS.' SALAD BOWLS- FANCY PITCHERS FANCY CUSPADORES CAKE DISHES AND A LARCE ASSORTMENT OF NOVELTIES IN CHINA Samuel E. Young. Albany, Oregon IG BARGAINS AT Biwneii JIJUD5 GRADWOHL'S Golden Rule Bazaar. Ilia stock lias been enlarge! at tint It equals any oa tli9 Coast, and consists of Roger Bros. Silverware, Franca China and Crys talware, Boys' Wagons, Doll Carriages, Fancy Goods, and a general assortment of Crocktey and Toys. He buys direct and carries the largest stock, in tlis Willamette Valley, to wbicl has been addod a complete lino of FAMILY GROCERIES. Is Agent for insnranee companies with a capital aggregating $75,003,00. &3Icl on parte Francals. Ilier wird dontcb gesprochen.'SL D, R. N, BLACKBURN, J. K. weatherford, ... (NOTART'PUBLIC,) Attorney at Law ittorney at law, OfIlce,Odd Fellow's Temple, ALBANY, ohecom. .,.,, J OTirX PRACTICE IM Alt THB COURTS OFTH ALBANY, - ORECON. Sh"' Si' "' tfven to collection! & Stana rd's.
