Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1870-04-08
Reported for tho Journal.
An Act FOX the Protection OF Mechanics


An Act for the Protection OF Mechanics
and other LabOrers, Materials &c.
The General Assembly of North Caro-
lima do enact:
SECTION l. That every building built,
rebuilt, repaired or improved, together
with the necessary lots on which said
building may be situated, and every lot.
farm or vessel or any kind OF property not
herein enumerated shall be subjec5 TO q
lien for the payment Of all debts contrac-
ted for work done on the same, or mate
rial furnished.
Sec. 2. The lien for work on crops Or
| farms, or materials given by this act shall
| be preferred to every other lien or iucun-
| brance which attached upon tie property
subsequent to the time at which the work
was commenced or the materials wrra
| furnished.
Sec. 3. Any Mechanic or Artizan who
shall make, alter or repair any article OF
personal property at the request OF the
owner or legal possessor of such property,
| shall have q lien on such property so
made, altered or repaired for his just and
| reasonable charge for his work done and
material furnished and may hold and re-
tain possession of the same until such just
and reasonable charges shall bc paid
and if not paid for within the space OF
thirty days, provided it does not c1ceed
fifty dollars, if over fifty dollars ninety
days after the work shall have been done,
such Mechanic, or Artizan may proceed
to sell the property so made, altered o.
repaired at public auction, py giving two
weeks public notice Of such sale by aQver
Using in some newspaper in the county il
which the work may have been done, or
if there be no euch newspaper, then by
DO sting up notices OF such sale III three OF
the most public places in the comfy,
town, or city IN which the work mey have
been done, and the proceeds OF The said
sale shall be applied first 10 the discharge
of the said lien and the expenses and costs
of keeping and selling such property and
the remainder, if any, shall be paid over
to the owner thereof.
Sec. 4th. All claims under two hundred
dollars may be fled in the Office o. The
nearest Magistrate. If over two hundred
dollars, in the Office OF the Superior Count
Clerk IN any county where the labor has
been performed, or the material furnished,
but all claims flied shall be II detail, sgec.-
, fying all materials furnished OF labor per
. formed, and at what date il was performed
, or material furnished in case Of cor
tract or otherwise. If tho parties interest
ed make special contract io1 such labor
\ performed, or If such materiai8 and labor
are specified in writing, in euch cases il
, shall be decided agreeable TO t4c tc.ms Of
, the contract, provided the terms u such
: contract do not affect the lien 10Y such Ia
r Dor performed or material furnished.
! Sec. 9Th. In case of any disagreement
q between the parties interested II any s-cL
a contract, it may be brought before tho
a nearest magistrate by the plaintiff or de
= PENDANT for arbitration or otherwise, as
the magistrate may decide, provided tLe
amount claimed does not exceed two huL-
dred dollars. If over that amount, all
, claims must be filed with the clerk OF the
Superior Court and entered on the caleL~
dar, so as to be brought before the Court
! at the first term after the fling Of any
claims. The Judge of the Superior Court
may appoint referees to ascertain the pro-
per value Of any labor performed on any
building or farm, or any materials fur
> nished or specified in the application ~
: the time OF plaintiff or defendant fling
e his petition.
! Sec 9th. That nothing contained in this
act shall be construed to affect the rights
. of any person to whom any debt may be
!. due for any work done which priority d
. claims filed with the proper officers.
. Sec. 9TH. Costs are allowed to either
{ party upon the rules established by law Ill
] actions arising or contracts made under The
{ Code of Civil Procedure.
Sec. 9Th. The defendant in any suit TO
I enforce the lien shall be entitled to any
! set off or claims arising between the con
s tractors during the performance Of tho
! contract.
!. Sec. 9th. That all laws or parts OF laws
: coming in conflict with the provisions Of
3 this act are hereby repealed.
a Sec. 10TH That this act shall be in force
l from and after its ratification.
e In General Assembly read three time.
@ and ratified this 28th day of March, 4 l..
a 1870.
8 Signed w. 4. MooEE,
!. Speaker OF House
y Signed, TOD R. CALDWELL,
President Of Senate