The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1892-07-13
CHAPTER ccxxxII.

An Act to secure the payment of laborers,
mechanics merchants, traders and persons
employed upon or furnishing materials
toward the performing of any work in pub
lie improvements In cities towns town
ships and other municipalities Ia this state,
1. Be 1t enacted by the Senate and General
Assembly of the state of New Jersey, That
any person or persons who shall hereafter as
lab0rer, mechanic, merchant or trader. In
pursuance of, or in conformity with the terms
of any contract for any public Improvement
made between any person or persons and any
CITY, town, township or other municipality in
this stat @ au thOrized by law to make contracts
for the making of any public Improvement,
perform any labor or furnish any material
toward the performance or completion of any
such contract made with said city, town, town
ship or other municipality, ON complying
with the second section of this act, shall have
lien for thevalue of such labor or materials
or either upon the moneys In the control OF
the said city, town, township or other muni-
cipality, due or to grow due under said con-
tract with said city, town, township or other
municipality, to the full value of such claim
or demand. and these liens may be filed and
become an absolute lien to the full and par
value of all such work and materials, to the
extent of the amount due or to grow due
under said contract in favor of every person
or persons who shall be employed or furnish
materials to the person or persons with whom
the said contract with said city, town. town
ship or other municipality is made, or the
sub-contractors of said person or persons
their assigns or legal representatives; provld-
cd, that no city, town, township or other mu-
ncipality shall be required to pay greater
amount than the contract price or value of
the work and materials furnished, when no
specific contract is made In the performance
OF said work by the contractor.
2 And be 1t enacted, That at any time before the
whole work to be performed by the contractor for
any such city, town, township other munich
patty is completed accepted by said city town,
township other municipality, and within fifteen
days after the same is completed or accepted, any
claimant may file with the chairman or head of the
department, council, board, bureau or commission
having charge of said work, and with the financial
officer of said city, town, township or other munic
ipaty, notices stating the residence of the claim
ant verified by his oath affirmation, stating the
amount claimed, from whom due, aed If not due,
when Il will be due, giving the amount OF the de-
mand after deduoting all just credits and offsets, with
the name of the person by whom employed, or to
whom the materials were furnished also statement
of the terms, time given, conditions Of his contract
and also that the labor was performed materials
were furnished to the said contractor aud were
actually performed used In the execution and
completion of the said contract with said city, town
ship or other municipality, but no variance as to
of the contractor shall affect the validity of
the said claim or lien,
B. And be 1t enacted That the financial officer OF
said city, town, township or other municipality
shall enter the claims in book kept for that pur-
pose by him called the lien book - such entry
shall contain the name and residence Of claimant,
the OF the contractor, the amount and date of
the filing, and brief designation Of the contract
upon which the claim Is made
A. And be IL enacted That no lien provided for
in this act shall be binding upon the property
therein described, unless an action be commenced
within ninety days from the filing of the same and
notice of tendency OF said action be filed with
the financial officer Of sand city, town township
or other municipality
3. And be IL 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 TO grow due
to said contractor from said city, town. township
or other municipality under the contract against
which the lien Is filed
O. And be il enacted, That any claimant who has
filed the notice mentioned in the second section OF
this act, may enforce his claim against the said
fund therein designated aud against the person or
persons liable ID the debt by civil action; actions
10 determine or terminate said liens may be COM
menced by the contractor SAID city, town. town
ship or other municipality in any court of eompe-
tent Jurisdiction.
l. And be be enacted. That the plaintiff must
make all parties who have filed claims the con-
tractor and the said city, town, township other
municipality. parties defendant, and 20 all par
ties against whom no personal claim is made, the
plaintiff may, with the summons, serve a notice
stating briefly the object OF the action, and that
personal claim is made but all parties who have
filed claims unuer this act may, by in such
action, set forth the same, and the court in which
the action is brought may decide to the extent
Justice aud priority of the claims of all parties to
the action.
s. And be II enacted That the court in which the
action Is brought shall determine the validity OF
the lien. the amount due frcrn the debtor TO the
contractor. under his contract, and from the con-
tractor TO the respective claimants and shall render
judgment, directing that the said city, town. town.
ship or other municipality shall pay over to the