The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-02-05

| MycHaS1cs' LrENs.-Thfs important Se-
nate bill, in relation TO mechanics liens,
already noticed in this paper, passed the
House Of Delegates yesterday, anne ended.
| But as the amendments will no doubt pass
the Senate, since they make no change IN
the tenor and purpose Of the bill, we puo-
lish IL below Is 1t passed the House, for the
information OF those concerned: lst a.G
A biz in relation to Mechanics Liens in the
| II sgaI5 city of Richmond. s2t
| q, Be It enacted by the General ASSEMBLE.
That all artisans, builders, mechanics, lum-
Der merchants, and all other persons per-
forming labor or furnishing materials for
the construction or repair Of any building
within the city Of Richmond, shall have
lien on such building for the work and
labor done or materials furnished by each
respectively: Provided, however, that ip
the case of repairs merely, no such lien
shall attach Unless their aggregate value
exceeds the sum of fifty dollars, or unless
they are ordered or directed blythe owner
of the building. 51g =. /.
2. Every person wishing to avail himself
Of the benefits Of this act shall file In the
clerks Office Of the Hastings Court Of
Richmond, within sixty days after the COM
pletion Of such building, d just and true &C.
count of the amount due to him for work
or labor done, or materials furnished, after
deducting all proper credits and offsets,
and shall verify said account by his own
oath or the oath Of some other person, and
shall file at the same time and place me-
morandum setting forth description Of
the premises subject to said lien. If such
lien is claimed by sub-contractof, Jour-
neyman, or other person furnishing mate
rails or performing labor for the contrac-
tor, the account aforesaid, with the memo.
randum, shall be filed within thirty days
after the work was done or the materials
were furnished and within fve daysafter
fling such account and memorandum as
aforesaid he shall serve copy Of said &C
count on the owner of such building, or his
agent if such owner resides out of said
city, If such owner do not reside within
said city, and have no agent therein, SER
vice of such copy may be made by posting
the same in a conspicuous place on the
building to be charged with such lien.
Unless the account and memorandum be
fled in accordance with the provisions of
this section the lien shall be lost.
8. The owner of the building, on
being served with notice as provided
in the last preceding section, shall
withhold from the contractor out OF the
money then due, or first to become due to
him under contract, sufficient sum to
cover the lien claimed, until the validity
thereof shall be ascertained by proper
legal proceeding if the same be contested;
and if so established, or if the claim be not
contested, the amount thereof may be paid
by the owner, and it shall be valid offset
to that extent in favor Of the owner against
the contractor. And where any claim is
filed under the provisions of the second
section of this chapter, the owner of the
building may file in the clerks office OF
the Hastings Court Of said city a written
obligation, with security, to be approved
by the clerk of said court, to the effect
that he will pay any Judgment that may be
recovered on such claim and thereupcn
the lien given by this chapter as to snch
claim shall cease. And where any build
ing is erected or repaired in pursuance of
contract made between the owner and
contractor, persons furnishing materials or
performing labor for the contractor shall
not, together or separately, have lien
upon the building or the ground upon
which it is erected for more than the sum
due by the owner to the contractor under
the contract at tine time of the service OF
the notice aforesaid, or subsequently ac-
cruing to such contractor under the con-
| tract.
4. The land upon which the building
| shall be erected, together with con-
venient space around. the same, or SO
much as may be required for the con-
venient use and occupation Of the pre-
misses, shall also be subject to the lien cre-
ated by this act if at the time the work
or labor was done or the materials were
furnished the said land belonged to the
person who caused the said building to be
erected or repaired; but if such person
owned less than fee simple estate in such
land, then only his interest therein shall be
subject to said liens. The liens created by
this act shall be preferred to every other
lien or incumbrance which shall have at
tached upon said property subsequent to
the time at which the work was COM
menced or the materials furnished, and no
incumbrance upon the land created be-
fore or after the making Of contract for
the erection of building upon such land
shall operate upon the building erected
until the lien in favor of the persons doing
the work or furnishing the materials shall
have been satisfied. Upon questions
arising between previous membranes and
creditors under the provisions Of this
chapter, the previous incumbrance shall be
preferred to the extent of the value of the
land at the time Of making the contract,
and the court shall ascertain by jury or
otherwise, as the case may require, what
proportion of the proceeds Of any sale
shall be paid to the several parties in in
terest.
5. The account and memorandum re-
quired by the second section of this chap
ter to be filed shall specify that it Is the
intention of the holder thereof to claim a
lien upon the premises sought to be charged
Herewith and it shall be the duty Of the
clerk of the Hastings Court to file and re-
cord such account and memorandum in a
separate book provided for such purpose.
From the time Of such filing, all persons
shall be deemed to have notice thereof. !,
| 6. No such lien shall bind any building,
or the land on which it is erected, for q
longer time than six months after the
work has been done or the materials have
been furnished, unless suit be brought to
enforce the same within that time, or if Q
credit be given, within six months from the
expiration of the credit and within two
years from the time Of the completion d
the building. g-.trf t
I. Such liens may be enforced by suit, II
which the claimant shall set forth the par
ticulars Of his demand and description o
the premises sought to be charged with
said lien. If the demand be established
by the Judgment of the court, and shall