The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-02-12

pose, to be called the Mechanics Lien
Record" which shall be properly indexed
and In which he shall state the name Of
the parties, the amount and character Of
the claim and when filed, and the dis
Crlptlon Of the property to be charged by
said Lien, 'fot which service he shall re-.
ceiye aity cents, tobe paid by the person
claiming the lien.
o. Any person who in pursuance Of an
agreement with any such contractor shall,
In conformity with the terms Of the con.
tract with such owner or agents do or
perform labor or work, or furnish any
material In the erection or construction Of
house or other building In this State
may give written notice 70 the owner Of
the building or his agents, that the con-
tractor is Indebted to him In certain
sum for material furnished, Of labor done
upon the owners or other building, CIV
Ing the particulars thereof and an afti.
davit that the same is correct, and such
owner or his agents, shall II there be IN.
paid by the owner to the contractor q
sum Sufficient 10 pay the amount of such
claim, IL HhAll be paid by The owner but
1t there Is not In his hands d sum III
sum to pay RlP the claim, he shall only
pay the amount remainingi In his hands ii
the ime heat received noticeot such claim,
g. Whenithe owner fails to pdfIoftn bis
part OF the contract, and by reason thereof
the other party without his own default Is
prevented from completely performing
his part, he shall be entitled 10 reason
able compensation, for as much as he has
performed Ia proportion 10 the prices
stipulated for the whole. - 81
z. Any person having lien under or
by virtue Of this chapter, may enforce the
same by filing q bill in chanCery in the
Circuit or County Court OF the county IN
which the hOuse,or other building Ia ait
Uated, In which he shall make all other
persons having similar liens theron par
ties; and any other person acquiring such
lien before Q decree shall be pronounced
In said suit, may, al his request, be made
a defendant therein, andFecover Ills claim
10 the same manner as Il he had been
defendant at the commencement OF The
suit. Should the party bringing the suits
from any cause, fail to establish his claim,
the suit shall not for that cause be dis!
missed, but 1t may be prosecuted by any
other party thereto having such lien, 10
the same manner as If II had been COM
menced by him.
8. Unless q suit 10 enforce the lien IA
commenced within six months alter the
person desiring to avail himself thereof,
shall have filed his accountin the Clerks
office Of the County Court as hereinbe.
lore provided, such lien shall be dis.
charged, but a suit commenced BY any
person having such lien shall, for the puf.
pose OF preserving the same, enure to the
benefit Of all other persons having a like
lien on the same property.
o. the lien Is established in favor OF
any Of the creditors whose claims arc
presented in such suit, the court shall or.
der sale Of the property on which the
lien Is established, or so much thereof as
may be sufficient TO satisfy such claim or
claims in like manner as in other suits In
chsnCery.
10. This act shall apply as well to cor.
poradons OF every kind and character as
10 individuals.
II, When debt secured by such lien
Is fully paid OF any time after such credit.
or shall have filed his account in the Office
OF the Clerk, such creditor shall cause the
Clerk to enter discharge of such lien in
the margin Of the book In which such &C.
count is entered, and Immediately oppo-
site thereto, or shall execute a release
thereof, which may be recorded in the
book in which such account Is entered.
IL. This act shall be in force from It's
passage.