The democrat. [volume] (Weston, W. Va.) 1868-1874, 1874-11-30

liens. It might DO we'll for mechanics
and all others interested, to preserve
this copy Of the statue, in order that
they may DO posted" as to their
rights
AN Act amending and ro.euacting
chapter seycnty.ave ofthe Code
concerning liens for purchase mon.
cy and liens of mechanics, l,borers
and others.
Passed November, 25th 1879.
Be it enacted by tho Legislature oil
West Virginia: That chapter sew.
onty.fvo Of the Code be amended
and re.enacied 50 as to read as fol-
lows:
Liens for purchase money to 10 reserv.
cd by decd.
l, II any person convey any real
estate and tho purchase money or any
part thereof remain unpaid at tho time
ofths conveyance, he shall not thereby
have a lien for such unpaid purchase
money, unless such q lien is expressly
reserved in the face Of tho conveyance
Lien Of mechanics and stLas.
9. Every mechanic, builder, arti-
san, workman, laburcr or other per.
son who shall do or perform any work
or labor upon, or furnish any material
ia the erection or construction Of q
house or other building on land, or in
altering or repairing any house or 9TH
er building or its uppurtenunces, by
virtue Of any contract with tho owner
thereof or bis agents; shall have a
lien for the value Of such labor and
material upon such house or other
building and its appult,nances, and
also upon tho lots Of land upon which
the same is situated, and such owners
shall not DO obliged to pay for or on
accouAt Of such house, building or ap.
purteuauces, any greater sum or
amount than the price SO stipulated
and agreed to be paid therefor in and
by such contract. And such lien
shall have priority over any lien
created by deed or otherwise on such
house or oIher building and Appurs.
chances and tho lots on which the
same arc erected, subsequently, to tue
timo when such labor shall have been
performed and material furnished.
Bu. there shall DO no priority Of lien
us between the parties claiming under
tho provision Of this section. But no
lien shall DO created In favor Of any
ptrIon furnishing material against the
owner Of tho land unl,ss the said ma.
terial was furnished directly to him or
unless he have notice previous to such
owner having paid tho contractor for
building such house from tho said par
ty furnishing tue said material that no
claims a lien for tho same.
8. Such lien shall DO discharged
unless tho person desiring to avail
himself thereof within thirty days from
tho time no ceases to labor on or fur.
nish material for such building aud
appurtenanccs, Clio with tho clerk Of
the county court 10 which tho house
or other building is situated. just and
true account Of tho amount duo him,
after allowing all credits together with
a description Of tho property intended
to DO recovered by the lien sufficiently
accurate for Identification with tho
namO Of tho owner or owners Of the
property, If known, which account
shall DO subscribed and sworn to by
tho person claiming tho lien. or some
one in his behalf.
It shall DO tho duty Of tho clerk Of
the county court in which tho property
is situated to enter every such account
in book by him to be kept for tho
purpose to DO called the "hTechanics'
Lien Record" which shall DO proper
ly indexed, and IN which hc shall
state the namo Of the parties. the
amount and character of tho claim,
and when filed, aud tho description Of
tho property to DO charged by said
lien, for which service be shall receive
Fifty cents to bc paid by the person
claiming the lien.
5. Any person, who in pursuance
oil an agreement with any such con-
tractor shall, in conformity with tho
terms Of tho contract with such owner
or agents do or perform labor, or work
or furnish any material in tho erection
or construction Of a house or other
building in this State, may give writ
ten notice to tho owner Of tho building
or his agents, that tho contractor is
indebted to him in q certain sum for
material furnished or labor done upon
the owners house or other building,
giving the particulars thereof and an
affidavit that tho sameis correct, and
such owner or his agents, shall, il
there DO unpaid by The owner to the
contractor a sum sufficient to pay the
amount Of such claim, it shall DO paid
by tho owner, but IL there DO not in
bis hands sufficient sum to pay all of
the claim, he shall only pay the
amount remaining in bis hands at the
time hO received notice of such claim.
0. When the owner fails to perform
bis part Of the contrc. aud By reason
thereof tho other party, without bis
own default is prevented from com.
ple.ely performing bis part, he shall
be entitled to reasonable compensa-
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