Delaware State journal and statesman., 1869-05-21
Mechanics Lien Law.

Strike ont the whole of Section l ana IN ST
ert in lieu thereof the following lc
SEcrIoN /. That il ,hall and may ne Il
owml for amy person or persons having per- ST
.or,ncl or urnished work and labor, or ina {
erinls or both to an amount eXceeoing 4
,yenty-f five dollars In OF for the erection, NJ i
eration or repair of any house, building or 1
structure IN pursuance of any contract, e%~
,ness or implied with the owner OF such {
house, building or structure, or win any
CONTRACTOR architect or builder who may pe
engaged in the erection, alteration or repair
OF the same, TO obtain lien upon sueh
building, house or structure, and upon the
ground upon which the same may be sltuat.
cd or erected f'rocided That the SAID
person or persons shall file statement ol ms
or their claim or demand IN the office oil Inc
Prothonotaty OF the Superior Court IN ana
ior the county wherein such building, house
or structure is situated, within SIX months
from The completion of SAID work ana LABOR
or the furnishing at such material. Inc
said statement shall contain and set lorlh
FIrst-The names Of the party claimant
and owner OF repuled owner of the building,
house or structure, and also OF the c0nlracA-
tor, architect OF builder and where The con-
tract of tie claimant was made Win sueh
owner, or with such contractor, architect OF
builder.
Second-The amount or sum claimed to
be due, the nature and kind of the work and
labor done, or bill OF particulars OF the
kind and amount of materials furnished.
$ lhird-The tine when the said work
3 and labor, OF the furnishing OF snid ma,er-
$ nls was commenced and finished.
y Fouuh-The locality OF the building
IS house or structure with such description a
- may be sufficient to identify the same.
ID Flfth-Thnt the said work and labor welt
I'd performed, or the said materials FURNISHED
~ on the credit OF the said building, house o
7 structure.
SAITH That tic amount nl the said clair
n exceeds twenty y-iiYu dollars, and that III
he same las not been paid or secured To- u
paid to the claimant. The claimant sha
* make affidavit to the truth and correctnes
or OF the said claim, and oil the iacts state
IS. therein. Any Judgment obtained upon sue
nd. claim as hereinafter provided shall becon
ose 4, lien upou such building, house or stru
OF ture, and upon the ground upon whlch u
es same is situated, erected or constructed, al
ent Shall ieue back to The day upon which sn
ase work and labor was begun or the lurnlshi
xed ,l said material was commenced, and sh
iese take priority accordingly. In every case
will which one claim tor work and labor or II
and terlals shall be flied by the same person
life ner,ons against two OF more huildin
er's houses or structure owned, or building,
lni- tering or repairing by the same person
sons persons the claimant shall al the time oil nj
ting claim designate the amount which he elal
+ all 10 be due TO him on each ol such bullulu
and houses ~ structures.
Nothing herein contained shall bc
slrued TO impair Of otherw isC affect the n
any OF amy pClsOn Ia whom amy debt may
due lnr work and labor DONE ~ mater
W furnished, to maintain any persnbnl nc
" i"e against the owner, contractor, Archllec
.', No builder nl such building, house on slrucl
ss'6T TO recover the amount Of such debt
Stnhc out Section and insert IN
e.5nr 80 ,n ihufeoi The following.
:, T.; SECTION g The proceedings To rec
49, Tie amount OF any CLAIM as Aforesaid
havs he, by wnl Of Sc{fe tdcids in the tollo'
Tho loim, 10 wit
every r,s.. Fl. 1.','l,.. sa H., e,..,ig nj
County, Greeting;
WHEREAS --=-- hath Ii
TO- 233 claim in our Superior Cout tnr the Go
it'll M ui ---, against ---, lOl
iccom- sum oil --- Tor (woik and labor do
is new material furnished US the case may b'
enable or lor,) n certain bulldng, To wit, descl
n, aud il us in the claim. And, WHEREAS, II
season. legged that the said sum still remaln'
AN the aud unpaid 10 the said ---.
die hat we command you that you make kno
ii from tho said and 10 all sucl
stockis sons as may hold or occupy the said
lug that they be and appear beloi
- % Judges oi our sand Court at - =, =
H. No. the - dav of --- next, to show
thing they know or have TO say, wi
p. said sum nl --- should NOT be le'
a,traets The said binding io the use OF the said
nor cor. -, according to the form and ef
'ruiture the Net ul Assembly in such case MAJ
, elegant provided and have you then the
per Is i'll wit.
! interior Witness (as in similar writs.)
~ matter No such Sciro factas shall be issued
s.lsctn3 case " ithin ten days previous Ia the
'rchasin,, day th1tof The said writ shall be
of nanrr in The same manner as other writs o
nrrienaed tdcids upon the defendant therein ma
these Va. lie can be found within the County
of John copy thereof shah also be lett will
tou person residing in the building, II OF
! ,.....o, as place ol residence, but il not s
s 'p' az pied Il shall be the duty of the Sheri
,i,t,.,,nh lixa copy OF such writ upon the
iI.'I - other front part Of such building. Ju
Nh nr by default may he entered upon mo
cn,'a liye the plaintiff on tue last day OF the
tsIngrI which said process is returnaDie,
,,,o4 .,1 standing appearance by the de
.ir, .;,,ce unless said defendant shall ha'
h,.5,.5ile viously filed III the cause an
,sor that he verify believes there is
,py defence to the whole or part oil such
nr... action, and setting forth the nat
MIN character Of the same and il the d.
in to II part only, then specifying the 81
due, and Judgment may be entered
plaintin, at his election, lor the
preN"'eu' knowledged 10 he due. 1t such clai
~ o. pu"Ple filed ten days before the return da
ua'iy s"n writ, or it judgment be not so en-
ieaiu u, ~ ~ iu default then like proceedings sha
~ my pe as in othvr cases Of ,Scfre fdcids.
~ 70 i'itn'e Ll1 The execution of every judgme
"ie' a. ei'T Tfs the foregoing provisions snail be
''' "''' '' of Levaii Fncias, in the following
d, wit.
The largest, COUNTY IS
; Sprlng ana TITO Gtutn pt tlA1aNVnrp the SleT
pe fonhd at County, Greeting
door MEOW We command you that wlthou
ta0llshmenl tier writ from us OF the following
are all lnnde building aud lot oi ground, to
nemhtr the scnbing the same according 10 th
as5 he"'iI ia your balWick you cause to be
NilnHna,'n well certain debt oil ---------
sola at 'eSs ----- lately in our Supel
tor the County aforesaid before
mind, plo- thereof recovered against -----
sual remedy LEVIED of the said building and lot
ect OF which as also the interest thereon from
rse the whip Of A. d. -, and also
to fortily The -----, tor the costs whic
se the Peru thereon according 10 the form al
which gives an Act nl Tie Genelal Assemb
fstem. cases made aud provided, and
unr man Of these moneys before our Judges 9
tion in either at our Superior Court in and Tor
ii neat hand vi there tn be held on
ct next, Ia render, uni
Of tAi4 paper. -------, Ton bis debt, iniere
aforesaid, and have you then the
alkrt streei' Witness Gas in similar wrlts.)
'lims at thls Amend Section 3 by striking
plWes before ssummons" in the sixth line a
IN hen thereof the words "Sclre
.an, journal Passed at Dover Feb. 24i 1856
Wilmington, (SIgued,)
JOHN HICKl
s street for .Speakcr If Tic House Of Repre-
JAMES VIII
... s... e.r Speaker Gf I
'CA Nll''tt 'N'
II yards long. -.