Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-03-23
AN IMPORTANT LAW
NEW MEASURE TO PROTECT INTERESTS OF
LABORINGKgN
From UnserupulOuS ard 0vsr-AnxiOus Contractors
How the Mechanics Lien Works NOw-Ths
Owner Of the Building is Liable for
the Payment Of the Laboras.

Following is the Mechanics LieI
Law introduced by Gen. Watts anC
passed by the Legislature:
BE IL enacted by use Legislature Of Wcs
Vrginia:
|. That sections two, three. four anC
five, of chapter seyenty-five OF the Cod,
Of West Virginia be, and the same ar,
hereby amended and re-enacted so as tC
read as follows:
LIENS OF MECHANICS AND OTHERS.
.. Every mechanic, builder, artisan
workman, laborer, or other person who
shall perform any work or labor upon
or furnish any material or machinery
for constructing, altering, repairing oi
removing house, mill, mandatory Oh
other building appurtenances, fixture,
bridge or other structure by virtue Of 4
contract with the owner or his author.
lied agent, shall have lien TO secure
the payment OF the same, upon such
house or other structure, and upon the
interest of the owner in the lot Of land
upon which the same may stand, or u
which 1t may be removed. But the ag.
gregate amount Of the liens authorized
by this section shall not exceed the
amount stipulated in the contract with
the owner to be paid therefor, and
there shall be no priority OF liens as be-
tween the parties claiming under this
section.
3. Every material man, workman,
laborer, mechanic, or other person per
forming any labor or furnishing any
material or machinery, undera contract
with i principal contractor or his sub
contractor, for the construction, alter
alton, repair or removal OF any house or
other structure provided for In contract
between the owner thereof or his author
lied agent and such principal contract
or, shall have lien TO secure the pay
ment of the value Of the labor perform
ed and the material or machinery fur
nished mot exceeding the price for the
same stipulated in the contract
between such principal contractor
or his contractor, and such
material man, laborer or mechan-
ic) upon such house or other construc-
ture and upon the interest OF the owner
in the lot OF land on which the same
may stand, or to which IL may be re-
moved. The liens authorized by tins
and the next preceding section shall
have priority over any lien created by
deed or otherwise on such house or other
structure and the lots on which the
same are erected subsequently to the
time when such labor shall have been
performed or material or machinery fur
nished.
The laborer and mechanic shall have
the first lien and the liens OF labOrerS,
mechanics or persons furnishing ma
chinery or material u contractor shall
take precedence over any lien already
taken or to be taken by the contractor
indebted to them; and an assignment or
transfer by such head contractor Of his
contract with the owner, or by sub
contractor OF his contract with the
head contractor, as well as all proceed
ings in attachment or otherwise against
such head contractor, or a sub-contrac-
tor, to subject or incumber his interest
in such contract, shall be subject to
the liens OF every laborer, mechanic or
man, who had done any labor,
or furnished any material for construct
ing, altering, repairing, or moving any
such house or other structures under a
contract with such contractor or sub
1t shall be the duty OF
such laborer, mechanic or person fur
nishing material to file with the owner
or his authorized agent, an itemized
account OF the labor done, or material
or machinery furnished, verified by
affidavit, within 35 days after the same
is performed or furnished, and his neg
Iect or failure so TO do, shall release the
owner from all responsibility and his
from all lien for any item
therein done or furnished prior to the
said 35 days; and the mechanic or per-
son furnishing the material or machi-
merry, to file with him such itemized ac
count, and the neglect or failure To do
so within ten days after receiving such
notice, shall release the owner from all
responsibility, and his property from
all labor done or material or machinery
furnished by the person so neglecting
Or failing prior to the giving OF such
notices.
Provided, however, that any laborer
Or other person employed TO do work or
furnish material or machinery, for the
alteration, repair or re-
moval of any house or other structure,
by another who may have contracted
with the owner thereof, may, before
doing any work or furnishing any ma
terial or machinery, give tho owner OF
such house or other structure notice in
writing that il he is not paid therefor
by the person employing him, he will
look to the owner for payment, and II
shall not be necessary for the person
who has given such notice TO file the
itemized account with the owner herein
before provided, unless he is required
by the owner in writing so TO do. nor
shall his neglect or failure TO file the
same, unless so required, in any way
effect or impair his lien on such house
Or other staucture.
Every lien provided for In the second
and third sections shall be discharged
unless the person desiring to avail him
self thereof, shall within sixty days
after he ceases to labor on, or furnish
or machinery for such build
ing or other structure, tile with the
Clerk OF the County Court OF the county
In which the same is situated, just
and true account of the amount due
him, after allowing all credits, together
with description Of the property 10 be
covered by the lien, sufficiently accu-
rate for Identification, with the name OF
the owner or owners Of the property, II
known, which account shall be sworn TO
by the person claiming the lieu, or
some person In his behalf.
Z. 1t shall be the duty or the Clerk OF
the County Clerk to enter every such
account in book by him kept for the
purpose, to be called 1.-The mechanics
lien record" which shall be properly
indexed, and in which he shall state
the names OF the parties, the amonnt
and character Of the claim and when
filed, and the description OF the proper
tY to be charged by said lien, for which
service he shall receive a fee OF fifty
cents, to be paid by the person claiming
the lien.
q. No payment by the owner or his
agent To the contractor, shall affect or
impair the lien OF laborer or material
man, provided for In section 3 Of this
chapter. But such owner may limit his
liabilities so that the amounts TO be
paid by him shall not exceed in the ag-
gregate the price stipulated in the said
contract between himself and the con-
tractor. by having the said contract, or
SO much thereof as shows the contract
price, and the times OF its pay
ment recorded In the Office Of the
clerk Of the county court OF the county
where such house or other structure is
situated, prior to the performance of
the labor and the furnishing OF the ma
teral or machinery for the same. But
II such owner fails TO have said contract
......=.iol tLa nc..t ractnr Lall h..