The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-12-21

l
tracts. Suppose the controversy was be
tween the appellees and the Masonic Build
Ing Association, 1t Is plain from the Who'll
| scope and object of the act that the mechan
les Hen would attach TO The building an,
| The land upon which It was ia process q
| erection, and the owner could not depriy
the contractors of4the lien which the Law
gives upon the ground that the notice d
tae lien had not been recorded within thirt
days after its eonspsetion, when In point q
fact the completion Of the building had bee
prevented by the owner himself. This woul
be to allow party to take advantage OF hi
own wrong and to offer premium for th
violation of contracts. How are e.
TEE RIGHTS OF TIE PARTIES
changed by the fact that the owner makes
contract With other parties by which be Gre
ates a lien upon the same property to them
1t appears To this case that on the 24th Ga,
Of June, 1871, long after the commencement
Of the building; the said Masonic BuildiD,
Association made deed of trust upon th
lot and building to secure q debt Of S10.00t
to the Merchants and Mechanics saving
Bank of Norfolk 1.-THE appellees here), and OF
the Sd day Of July, 1871, made another deet
of trust to Charles Sharp, trustee, to secur,
a debt Of 81, 600 to Meyer Myers. y.
Now, can the rights Of the mechanics b,
affected by any contract made by the owne
and third parties after the commencement o
the buildings They were no parties TO ttia
contract, and if the owner could not deprive
them of their lien because 10 notice of th'
lien was filed "thirty days after completion
because by his own act it was not com
pleted, certainly his grantees, who take only
such rights as he had, must hold subject t
the rights which the law gives to the me
chanic.
The seventh section of the act provide
that "the lien created by this act shall be
PREFERRED TO EVERY OTHER LIEN
or incumbrance which shall have attached
upon said property subsequent to the tim,
at which the work was commenced o.
the materials furnished, and no incum branc
upon the land created after the making o
the contract for the erection Of building
upon such land shall operate upon the build
ing erected until the lien in favor of the per
son doing the work or furnishing the mate
rials shall have been satisfied"
think it is. plain that the true copstruc
tion to be given to the act is this: That il
creates lien in favor Of the class enune
rated in the first section" mechanics, arti
sans, builders, lumber-deaers." &c.-Thicl
lien attaches to the property as soon as ths
work is commenced, which shall be pre-
ferred to every other lien made subsequent
to that time. II the work be completed ac
cording to the contract, then the contractor
(whether he be a contractor, for part
or for the whole work, provided be
makes his contract directly with the owner)
in order to avail himself of the lien created
by the act, must file within thirty days after
the completion of the work the account and
statement required by the statute. This is
required only schen The 1oorE is completed,
and the reason is obvious. As long as the
work is progressing and incomplete the law
gives .~-a-!@53@ .'''+s
NOTICE TO THE WORLD
that the mechanics lien attaches to the build
ing from the time it is commenced, and
which be may enforce by filing within thirty
days after its completion the statement and
accountrequired by the statute. So that while
it is in course of construction no notice Is
necessary. After it is completed and deiV-
cred to the owner the mechanic, in order to
retain his lien, must within thirty days COM
ply with the requisites Of the statutes, and
this is required in order TO notify all persons
dealing with the owner that the mechanics
lien, to which the law gives preference, still
attaches to the property. If the work is
not completed By default Of the oDner there
can be no loss of the lien by that default. In
Philips on Mechanics Liens, p. 1914, the au-
thor says: "It is universally true that no
loss of lien is occasioned for the work ac-
tually performed in accordance with the
contract when the work has been stopped or
abandoned IN consequence of the default of
the owner" See also Rushfield Us. Wheeler,
IA Allen lMass,) i39, SWeeIy vs. Sanders, 46
Ills.) Is.
In this case, 1t seems that the appellees
did each file in the clerks office of the Cor
poration Court of Norfolk statement Of
their respective claims and their purpose to
assert their claims. This was done, no doubt,
out of .".is -t@
ABUNDANT CAUTION.
1t was not necessary to secure their lien.
This, as has been seen, is required only in 8
case where the work has been completed.
The lien attaches without such action in a
case where the work is not completed 6y
the default of the o,oner. But haying COM
piled with their contracts, and established
their just claims by sufficient proof, they are
entitled to enforce their liens which the law
affixes to the property in preference to all
other liens or membranes which were Gre
sted subsequent to the commencement oil
their work on the building.
am, therefore, of opinion that the decree
of the Corporation Court of the city of Nor.
folk be affirmed,
This opinion was concurred in by all the
judges except Judge Moncure.
INTERESTING STATEMENT IN REGARD TO THE
INSANE OF THE STArE-MEETING OF THE SEN
ATE COMMITTEE ON PUBLIC IEsTlTUTIoNs.-D