Tsutakawa v. Kumamoto

Citations

• 53 Wash. 231
• 101 P. 869
• 1909 Wash. LEXIS 1302

Syllabus

<p>Railroads — Construction—Liens — Statutes — Construction — Provisos. As a proviso to an act is not a part of, but a restraint upon or exception to it, Laws 1893, p. 32, § 1, as amended by Laws 1905, p. 229, which gives a lien to every person “furnishing material to be used in the construction of a railroad” does not give a lien for provisions, groceries and camp equipment supplied to a subcontractor; although there is added a “proviso” to the act to the effect that the railroad company shall take from contractors a bond to pay all persons who supply provisions, or be liable to the extent of such debts.</p> <p>Statutes — Title of Act — Proviso. An act entitled an act providing for liens for labor performed, material, provisions, and supplies furnished, the body of which gives a lien for labor and materials only, does not give a lien for supplies, although a proviso makes the company liable for supplies in case a bond is not taken from contractors to secure the same, since the title and provisos to an act do not extend its effect.</p> <p>Railroads — Construction—Lien. A complaint in an action against a railroad company and a contractor for equipment sold to the contractor and to foreclose a lien on the railroad, states a cause of action against the contractor, although demurrable as to the company because the statute gives no lien therefor.</p>