The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-06-30

tractor. and were actually performed or
used In the execution ana completion OF
the said coutrnct with said city, but no
varinuce rs to the name Of the contractor
shall affect the validityof the said claim
or lien.
3. Aud be it enacted. That the financial
officer OF said city shall enter che ella ms
In a book kept for hat purpose by him.
called the 'iien book" such entry shall
contain the name OF the contractor. the
amount and date OF the fling and a brief
designation OF the contract upon which
the claim Is made.
A. And be IL enacted, That no lien pro-
vIded for in this act shall be binding upon
the property therein described, unless IN
action be commenced within ninety days
from the filing Of the same. u anotiee
OF tendency OF said action be filed with
the hnalcial officer Of the city.
.. And be II enacted, That the lien shall
attach from the time OF filing thereof to
the extent OF the liability Of the contractor
for the claim preferred upon any funds
which may be due or 70 grow due to said
contractor from SAID city, under the con-
tract against which the lien is filed.
G. And be it enacted. That any claimant
who has flied the notice mentioned in the
second section Of this act. may enforce his
claim against the said fund therein desig-
mated and against the person or persons
liable to the debt by a civil action: actions
TO determine or terminate said liens may
be commenced by the contractor OF said
city Ia any court Of competent jurisdic-
ton.
Z. And be it enacted, That the plaintiff
must make al parties who have flied
claims, the contractor and ltne said city.
parties defendenf, and as TO all parties
against whom no personal claim is made,
the plaintiff may, with the summons,
serve notice stating briefly the object OF
aFffnfn and that No naaaanat Qfnru =
made; but all parties who have fled
claims under this act may, By yer In
such action, set forth the same, and the
court In which the action is brought may
decide as TO the extent. justice aud prior
ity OF the claims Of all parties TO the ac-
ton.
S. And be it enacted, That the cour In
which the action is brought hall deter
mine the validity of the lien, the amount
q from the debtor to the contractor,
under his contract, and from the con-
tractor 70 the respective claimants, and
shall render judgment, directing that the
said city shall pay over 70 the claimants
for the work done and them materials fur
n1shed in the execution OF said contract
or contracts, whose claims or liens it
shall hold TO be valid and Just.
in the order Of their priority as de-
termined by said court to the extent
Of the sum found due to said claimants
from their contractor. 80 much Of said
funds or money which may be due from
the said city to the contractor, under his
contract, against which the lien is filed,
as will satisfy their liens or claims, with
interest and costs, to the extent of the
mount due from said city to said con-
tractor; the Judgment rendered under
this act may :. enforced by execution
and an appeal may be taken therefrum in
the same time and name as in civil
actions.
q And he IL ouoond rsho+ In o,o
successive liens or a number of liens in
favor OF different persons, their rights
and prioFities shall be determined
as follows: persons standing In equal
degrees as coiaborers, or various
persons furnishing materials. shall bave
priority according to the date of the fling
OF their liens. when several lien notices
are filed for the same demand, the judg-
ment shall provide for the proper pay
ments according TO priority, so that under
liens fled double payments shall not be
required.
10. And be it enacted, That when sepa-
rate actions are commenced, the court in
which the nrst action was brought may
upon the application of said city consoli-
date them.
II. And be it enacted, That costs in all
actions shall rest In the discretion Of the
court and shall be awarded to or against
the plaintiff or defendants, or any or
either of them, as may be just
II And be it enacted, That nothing
contained IN this act shall be construed
to impair or effect the right Of any person
to whom any debt may be due for work
done or materials furnished, TO maintain
a personal action to recover such debt
against the person liable therefor.
13. And be it enacted, That the lien
may be discharged as follows:-Flrst, by
Cling q certificate of the claimant or his
successor in interest. duly acknowledged
and proved, stating that the lien Is dis
charged; second. BY lapse of time, when
ninety days have elapsed since the fling
of the claim IA no action shall have been
commenced to enforce the claim; third,
by satisfaction of any judgement that
may be rendered In actions to foreclose
said liens or claims
Il And be it enacted. That the term
Contractor as used in this act. shall be
construed as meaning the person with
whom the contract with the said city
is made, his assigns or legal represents
tiyes.
Is. And be it enacted, That this act
shall take effect Immediately; but moth
ing herein contained shall affect the val
idity Of any claims or liens upon moneys
due or to grow due under contracts made
by cities prior TO its passage; all acts and
parts of acts Inconsistent with the terms
of this act are hereby repealed.
Approved April II. 1891