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the levy and assessment of all taxes on installments on the lands benefited by said improvement as reported by the engineer in charge of said improvement, and including the entering into a contract with George Sutherland to construct the same, and all the acts and doings of said board, or in any way or manner in relation thereto, be and the same are hereby declared to be legal and valid.

complete.

SEC. 2. That the joint board of said coun- Authority to ties of Burt and Washington are hereby authorized and empowered to extend the time for the completion of the contract for the construction of said improvement, including all lateral and spur ditches with the contractor George Sutherland, until such time as said. board may think proper, not beyond November 1st, 1885.

clause.

SEC. 3. All acts and parts of acts in con- Repealing flict with this act so far as they relate to the said Fish Creek ditch improvement be and the same is hereby repealed.

clause.

SEC. 4. Whereas an emergency exists there- Emergency for this act shall take effect and be in force from and after its passage.

Approved, March 9, A. D. 1885.

1

CHAPTER 61.

Officers and employes of senate.

14 Neb., 440.

Officers and
employes of
house.
14 Neb., 440.

AN ACT to amend sections eleven (11) and twelve (12 of an act entitled "An act fixing the number of officers and employes of the Senate and House of Representatives, to define their duties, and establish their pay," approved June 21, 1867.

Be it enacted by the Legislature of the State of
Nebraska:

SECTION 1. That section eleven (11) of said act be so amended as to read as follows:

SEC. 11. That the officers and employes of the senate shall consist of a president, secretary, assistant secretary, sergeant-at-arms, doorkeeper, enrolling clerk, engrossing clerk, chaplain, and such other officers and employes as may be deemed necessary for the proper transaction of business, such other officers or employes to be elected or appointed by resolution of the senate.

SEC. 2. That section twelve (12) of said act be so amended as to read as follows:

SEC. 12. The officers and employes of the house of representatives shall consist of a speaker, chief clerk, assistant clerk, sergeant-at-arms, door-keeper, enrolling clerk, engrossing clerk, chaplain, and such other officers and employes as may be deemed necessary for the proper transaction of business, such other officers or employes to be elected or appointed by resolution of the house of representatives.

Comp. Stat., 330.

SEC. 3. That sections eleven (11) and twelve Act repealed. (12) of and act entitled "An act fixing the 1867, 85. number of officers and employes of the senate and house of representatives, and establish their pay," approved June 21, 1867, be and the same are hereby repealed.

clause.

SEC. 4. Whereas an emergency exists there- Emergency for this act shall take effect and be in force from and after its passage.

Approved, February 6th, A. D. 1885.

CHAPTER 62.

AN ACT to provide a lien for labor performed and material and machinery furnished for the erection, reparation or removal of any house, mill, manufactory, or building, or appurtenance.

Be it enacted by the Legislature of the State of
Nebraska:

to liens.

Any who entitled furnish 1 Neb., 427.

2 Neb., 6.

the 3 Neb., 404,

452.

for
house, 11 Neb., 386.

4 Neb., 59.

13 Neb., 297.

114, 437, 638.

SECTION 1. [Who entitled to liens.] persons who shall perform any labor, or any material or machinery or fixtures erection, reparation or removal of any mill, manufactory, or building, or appurten- 15 Neb., 36. ance by virtue of a contract or agreement expressed or implied with the owner thereof or his agents, shall have a lien to secure the payment of the same upon such house, mill, manufactory, building, or appurtenance, and the lot of land upon which the same shall stand.

Payment by

SEC. 2. [How secured.-Payment by owner.] How secured. Any person or sub-contractor who shall per

owner.

form any labor for or furnish any material or machinery, or fixtures for any of the purposes mentioned in the first section of this act, to the contractor or any sub-contractor who shall desire to secure a lien upon any of the structures mentioned in said section, may file a sworn statement of the amount due him or them from such contractor or sub-contractor for such labor or material, machinery, or fixtures, together with a description of the land upon which the same were done or used, within sixty days from the performing of such labor or furnishing such material, machinery, or fixtures, with the county clerk of the county wherein said land is situated, and if the contractor does not pay such person or sub-contractor for the same, such sub-contractor or person shall have a lien for the amount due for such labor or material, machinery, and fixtures, on such lot or lots, and the improvements thereon, from the same time and in the same manner as such original contractor, and the risk of all payments made to the original contractor shall be upon the owner until the expiration of the sixty days hereinbefore specified. And no owner shall be liable to any action by the contractor until the expiration of said sixty days, and said owner may pay such sub-contractor or person the amount due him from such contractor for such labor and material, machinery, and fixtures, and the amount so paid shall be held and deemed à payment of such amount to the original contractor. And in cases when a dispute arises between a con

tractor and his journeymen, or other persons for work done or material furnished, the owner may retain the amount claimed by such subcontractor, or journeyman, or laborer until the dispute has been settled by arbitration or otherwise. Said sworn statement and claim of lien shall be by such county clerk recorded in the same manner as other liens provided for by this chapter, and such lien shall remain in force for the same length of time as other liens provided for in this chapter.

Proceedings to

secure.

SEC. 3. [Proceedings to secure.]—Any person entitled to a lien under this chapter shall make 15 Neb., 640. an account in writing of the items of labor, skill, machinery, or material furnished, or either of them as the case may be, and after making oath thereto shall within four months of the time of performing such labor and skill, or furnishing such machinery or material, file the same in the county clerk's office of the county in which such labor, skill, and materials shall have been furnished, which account so made and filed shall be recorded in a separate book to be provided by the clerk for that purpose and from the commencement of such labor, or the furnishing such materials for two (2) years after the filing of such lien operate as a lien on the several descriptions of such structures and buildings and the lots on which they stand, as in the first section of this chapter named. When any labor has been done or materials furnished as provided on a written contract, the same, or a copy thereof, shall be filed with the account herein required. And if

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