The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1874-12-24
IMPORTANT DECISION.

IMPORTANT DECISION.
The Supreme Court of Appeals made very
important decision-o on Friday last, Which is OF
great interest to the mechanics and all pei sons
having houses bnlt. The case is of the Mer-
/ chants and Mechanics Saving Bank OF Nor
folk, VS.. Dashiel and others. The main ques-
ton determined was, what is the true construc-
ton to be given to the first and second sec
lions OF the act approved July lltl, 1870. emil
tied an Act in relation to Mechanics llens.-
These sections are as follows:
81. BE it enacted by the General Assembly,
That all artisans, builders, mechanics, lumber
dealers, and Others performing LABOR, or fur-
nshlng materials for the construction, repair,
or improvement Of any building or other prop
erty snail have q lien, as hereafter provided,
upon sucn property and so much lana there
with as shall be necessary for the convenient
use and enjoyment of the premises for the
work done and material furnished. But when
the claim Is for repairs only no lien shall at
tach upon the property repaired unless such
repairs were ordered by the owner OF the prop
erty or his agent.
%. A general contractor wishing to avail
himself OF the lien given him by the preceding
section shall file within thirty days after the
completion of the work in the clerks office OF
the couhty or corporation court OF the county
upon which q lien is sought to be secured is sit
uated, and in the clerks office OF the Chancery
Court OF the city of Richmond when the prop
ersy is in said city, a true account OF the work
done or materials furnished, sworn to by said
} claimant or his agent, with statement at
tached signifying his intention to claim the
benefit of said lien and setting forth u brief
description Of the property upon which he
claims the lien. 1t shall be the duty of the
clerk in whose Office such account and state
ment shall be- filed to record the same in a
book kept for that purpose. and from the time
Of such filing all persons shall be deemed to
have notice thereof
First the words general contractors, used
in the second section. 1t appears in the case
before the court that the Masonic Building As
ISOLATION OF the city Of Norfolk, determined to
erect large and expensive building for the
use of the Association, and made three sep
crate and distinct contracts, one for the ma
sorry, one for the carpentry and one for the
plumbing and gasfitting. 1t was insisted by
the counsel for the appellant that none OF these
, were ssgeneral contractors and that scoise-
qucntly they would assert their liens under
this act, that a general contractor Is one
who contracts for the building Of the phole
only to such contractor that the lien is direct
ly given. And that when contracts are made,
as in this case, with different mechanicssor ar
tisans for the completion of different parts CT
a building they acquire no lien. The court
held that such a construction would In a ma
jority of cases, defeat the object Of the statute,
which is to insure to this useful class of labor
ers the certain and.speedy reward Of their la
Dor, and prevent others from reaping the fruits
of their toll. 10 confine it to general con-
tractors as construed by the appellants conn-
sci, would limit its effect to q degree never in
tended by the Legislature The first section
indicates the scope of the act, and enumerates
those entitled to the lien, from which it will be
seen that the man who furnishes the lumber or
material, as well as the mechanic who does the
work, may be general contractor for he is
one of the enumerated classes. TIE act shows
throughout, difference between general
contractor and a subreontractor, the ':yeneral
CONTRACTOR being the one who contracts direct
ly with the owner of the property. and wheth-
err for the whole or part Of a building, if his
contract is made with the owner he lis gener-
al contractor in the meaning Of the statute.
1t was argued by appellants counsel that the
aDpellees had acquired no lien because they
had not filed, as the act requires, their inten-
ton to claim the benefit of said len That by
the terms of the act, the work must be compile
ted, and the claim filed in the clerks office
, Within thirty days after completion to entitie
the party to q len In this case the Assoea-
ton failed to comply with their contract, and
finally directed that the work be discontinued.
after a large amount i'll M teI!als and labor had
haa ,af1 Ind Iy1
and the failure to complete the building was
no fault of theirs, hence there could be no rec
ord made within thirty days after its compile
ton, Scause its completion had been prevent
cd by the owners.
The Court held that the ellen, created BY
this act, is preferred to every other lien or i'll
cumbrance, which shall have attached upon
said property subsequent to the time at Which
the work commenced, or the materials fur
nished, and no incumbrance upon the land
created after the making of the contract for
the erection of a building upon such land shall
operate upon the building erected until the
lien in favor Of the person doing the work
or furnished the material shall have been sat
isfied."
AS long rs the work Is progressing and in
complete, the law gives notice to the world
that the mechanics lien attaches to the build
ing from the time 1t is commenced, and which
he may enforce by filing within thirty days af-
ter its completion the statement and account
required by the statute. So that while it is in
course of construction, no notice is necessary.
After it is completed and delivered to the own
err, the mechanic, in order to retain his lien,
must within thirty days, comply with the req
uisites of the statute, 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 prop
erty. If the work is not completed by default
of the owner, there can be no loss OF the lien Iy
that default.
The decree of the lower court was confirmed
by all the judges, except Judge Moncure,
REPUBLICAN SENATORIAL CAUCUS
WASHINGTON Decemb 81 l9.-At the caucus OF
Republ.c can senators to-day several Of the cau-
Gus committees made reports. While no action
was taken regarding southern affairs, there
was unanimity on the point that all citizens in
that section must be protected in their lawful
rights. Some senators thought there should
be al increase of the army for that purpose,
while others were the opinion that improved
militia arrangements might better secure pro
lection, being less Objectionable than regular
military force, and more in accordance with
the spirit of oilr institutions. The question
was postponed to future but early caucus.
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