Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1869-06-03

We publish below the full text of the Mechan.
les Lien Law, passed at tho late session of the
Legislature -
=. Az Actto amend Chapter III Of Volume 12 Of
The La,cs of Deiarare.
Strike out the whole of Section 1. and insert
In lieu thereof tho following:--
SECTION 1. That 1t shall and may be lawful for
any person or persons having performed or fur
nlshed work and labor or materials or both to an
amount exceeding twenty-five dollars In or for
erection, alteration or repair of any house, build
ing or structure In pursuance OF any contract
express or implied, with tho owner oil such house,
building or structure, or with any contractor,
architect or builder who may be engaged in the
erection, alteration or repair Of the same, to Oh
tain lieu upon such building, house or structure
and upon the grounds upon which the same NAV
be situated or erected Provided, That the said
person or persons shall file statement OF his or
| their claim or demand In the Office of tho Pro-
monetary OF the Superior Court IN and for the
county wherein such building, house or structure
Is situated, within six months from the compile
ton OF said work and labor or the furnishing of
such material. The said statement shall contain
and set forth: -
First. The names of the party, claimant and
owner or reputed owner of the building house
or structue and also of the contractor, architect
or bsilderand where the contract of the claimant
was made with such owner, or with such con-
tractor, architect or builder.
second. The amount or sum claimed TO be
due, the nature and kind of the work and labor
done, or a bill Of particulars of the kind and
amount of materials furnished.
Third. The time when the said work and labor
or the furnishing Of said materials was COM
menced aud flushed.
structure, with such description as may bc sulll-
cient TO identify the same.
7 Fifth. That the said work and labor were per-
formed or the said materials furnished on the
credit OF tbs said building, house or structure.
Sixth. That tho amount Of the said claim cx-
cecds twenty-five dollars and that the same has
not been paid or secured TO be paid to the claim
ant. The claimant shall make affidavit to the
truth and correctness of tho said claim and
Of the facts stated therein. Any Judgment
obtained upon such claim as hereinafter
provided shall become u lien upon such
building, house or structure, and upon the ground
upon which the same Is situated. erected or con-
strlcted, and shall relate back TO the day upon
Which said work and labor was begun or the fur
nlshng OF said material was commenced and
shall take priority accordingly In every case in
which one claim for work and labor or materials
shall be filed by the same person or persons
against two or more buildings, houses or struc-
lures owned, or building, altering or repairing by
the same person or persons, the claimant shall at
the time Of filing claim designate the amount
winch he claims 10 be due to him on each OF such
buildings, houses or structures.
Nothing herein contained shall be construed
to impair or otherwise affect the right of any per-
son to whom any debt may be due for work and
labol done, or materials furnished, to maintain
any personal action against the owner contrac-
Tor, architect Or builder of such building, house
or structure, to recover the amount of such debt
Strike out Section 2 and insert in lieu thereof
the following:
SECrIoN 2. The proceedings to recover the |
amount OF any claim rs aforesaid shall be by |
writ OF Seire fdcids in the following form, to |
wit:
- County IS:
The State of Delaware to the Sheriff of said |
county greeting:
rior Court for the county OF - against =
for the sum of -- for (work and labor done or |
material furnished the case may bo) Ito or for)
certain building, to wit describing II as in the
claim: And, whereas 1t is alleged that the said |
sum still remains due and unpaid to the said -.
Now we command you that you make known to |
the said - and 10 all such persons as may hold |
or occupy the said building that they be aud APP
pear before the Judges OF our said Court at -
On the day If - next to show If anything they
know or have to say, why the said sum Of -
should not be levied of the said building to the
use OF the said - according to the form and
effect OF the act of Assembly IN such case made
and provided and have you then there this writ.
Witness Gus IN similar wrts).
No such scire Jacias shall be issued in any case
within ten duys previous to the return day there
Of The said writ shall be served In the same
manner as other writs of scire tacius upon the de-
The county, and copy thereof shall also be left
with some person residing in the building, If occu-
pied as place of residence, but il moi so occupied
II shall be the duty of the sheriff to aflix copy
)f such writ upon the door, or other front part of
,aeh building. Judgment by default may be en-
erred upon motion by the plaintiff on the last day
u The term 10 which said process is returnable,
appearance by the defendant,
unless said defendant shall have previously filed
n the cause an affidavit that he verify believes
here Is lpuul defence the whole mart nj |
uch cause OF action, and setting forth the nature
md character OF ihc same; and ii the defence he
o part only, then specifying the sum really
Tue, and Judgment may he entered fol the plain
ill., at his election Tor the sum acknow lcdged to
10 due. If such claim be not filed ten days before
he return da. of said writ, or If Judgment be not
o entered by default then like proceedings shall
II had MS in other cases of scire Jttcias.
The execution Of every Judgment under the
oregoing writ of lcvari facias in the following
orh, to witt
- County IS:
The State OF Delaware to the sheriff of said county
,rectiug:
We command you that without any further
writ from us of the following described building
nd lot Of ground, to wit describing the same
ccoidng to the record,) in your balliwck, you
ausc to be levied as well certain debt of -
'bich = lately in our Superior Court for the
Ouuly aforesaid before the Judges there recoy- | s
red against -, to be levied oi the said building {
nd lot of ground us also the lntcnest thereon from
hc - VI - AL - ulsb tut eull Vi
jr the costs which accrued thereon according to
he form aud effect Of an act OF the General AS
emily in such cases made and provided, and
ave you these moneys before our Judges nj -
ou- Superior Court, in and for the County of
- there to be held on the - day Of next,
D render unto the said - Tor his debt, interest .
nd cost aforesaid, and have you then and there
Ills writ.
Witness (as in similar writs)
Amend Sec. by striking out the word ,
summons in sixth line and inserting in lieu /,
ltrcuf the words "scire .facias."
Passed at Dover, February "a, 1860. !
(signed,) JomS HicKMAN,
Speaker of House of Reps. !.
JAMES WILLIAMS,