24-713. Liens of laborers; surplus funds after repairs.
24-713
24-713. Liens of laborers; surplus funds after repairs.That all laborers and other persons who shall perform any service orfurnish any material in the construction of any work under the provisionsof this act shall have a lien upon the fund in the hands of the clerkraised by assessment, of benefits for the construction of work; and uponnotice in writing of the amount due, and what the same is for, filed withthe clerk of the district court, such clerk shall withhold payment to thecontractor, on any voucher issued to him by the drainage commissioners, toan amount sufficient to satisfy such lien, until the same is adjusted; andin case of disagreement between the contractor and the person claiming suchlien as to the amount or validity thereof, the court, on motion of theperson claiming the lien, or of the contractor, or of the commissioners ofdrainage appointed in said proceeding, shall determine such matter.
On failure to comply with the foregoing provisions, the clerk shall beliable on his bond for any sum improperly paid over to the contractor.Should any funds remain, after the payment of the costs of the repairs madeand work done upon such drainage and expenses connected therewith, the sameshall be paid over to the county treasurer of the county to be held as aspecial fund to pay for any further needed repairs or work: Provided,That this act shall not apply to drainage districts now organized incounties of over 100,000 population.
History: L. 1907, ch. 197, § 10; L. 1917, ch. 175, § 2; May 26; R.S. 1923,24-713.