Laws Passed by the Eighth Congress of the Republic of Texas. Page: 97
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sbdtl' b6 performed, or furhbished, as j6urtneyvien, laborer,
artinen, slbh-c(ontractor, o; otherwise, and' whose demt and
fbir: irk and lAu bor do(i aid performed, or fior nateria s fi rnished
Itwar'ls t he' erection of such blillillga, has' 'ol i een
paid and. saritisid, mUiy deliverr to' the owner of such bitmil.ding
an a(lles, d .a'cCil.:M ftifi ;/tmountt andl value of IIt ' w. ork, anh(
labo:, h>r mtvit i'Al'.h ths pfirlirmedn or furnished, and reiaiiiing
unpaid, and thereupon, such owner shall retain out of hi;
s'bbqq'uetinrt tam;ii.ient to the contractor, the amount of' silch
%\ork aiflhtlOlior, ornm:alerials, for rhe benefit of the person, so
perii.iring or furnishing the same. .
S'c. '2. Be it further enacted That whenever any such
aecou'nt of lal)or peol;)r rmed, or itaiterials fu rnished, on a buil(ling
erected under a cont ract in' writing, as aforesaid, shall be
lplaceed itn tilhe haqnd.i oF the ownner of' such building or his a u'tioirizet~.
a:ent, it h^tl litel utyv of "such o ner or agent, to
firtfilhhlIfoti^irilS^r wi h tt )V it-of such papers, ii order,
,.,,. , ' ' UrA .6 I I' W,, "u..hl d el . . ' i" '
thet.U't4 : .shjill~ u. (-(aisitee'n1ent betl tw'ei such 'co'nt
W0iwi)h tlhii c itiItVlI6 ma`, bVtry A'njicahle adRjustneat,
l)etweeti i tliseilves, or bhy- rbi'r,:ti('io, as(ceftait thte true sum
due, andl itthle colil;Ilaclor shall nor, ,whitiii ten days, afierr he
receipt of scihi ;:m' prs, give ttie owner written notice, that lie
intends to'dlisp.l)ie I he claiiri, o)r if in ten dlays afier giving such.
notice, ie shall relfse, or neglect, to have the matter adjusted,
as aifresai.d, he shli;l be co()nsi(er(l as assentling to the deman(,
and the owner shall pay the same when it becomes
due.
SEC. 3. Be it farther enat(ted, Th.at if such contractor shall
dispute the claim of his joiuleymanl, or other persons, bor
work and lal)or -performed, or materials furnished, as nlbresaid,
and if the matter cannot be amicably aajustel, between
themselves, it shall be submitted, on the agreement of the
parties, to the arlitrament of three (lisinteresied persons, one
to be chosen by each of the parties. andl a third, by the two
thus chosen, aln( the decision in writing of such three petsons,
sball be final ahd 'conclusive in the case. submiitted.
Ssc. 4'. Be it further enacted, That whenever the aim'ounti
due shall be adjusted and( ascertained as above provided, and
if ihe contractor, shall not, within ten days, after it is 'so adjusted
and ascertained, pay the sum due to h:s 'reditir, w'rih
the costs incurred, the owner shall pay the same out of the
fund, as above provided, and which amount 'tu maybe reN
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Texas (Republic). Eighth Congress. Laws Passed by the Eighth Congress of the Republic of Texas., book, 1844; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth45348/m1/97/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .