Year: 1874

Money aud Liens of Mechanics, Laborers


and Others.


Be it enacted Iy tie Legislature of Vest


Y~gi"ia


LIEN EoR rURCu!sE MONEY TO DE RE-


SERVED BY DEED.


l. If any person convey any real estate,
and the purchase money, OF any part thereof,
remain unpaid at the time of the conveyance,
le shall not thereby have lien for such un>
paid purchase money unless such lien is ex-
pressly reserved GU the face of the convey
ance.


LIEN OF MECHANICS AND OTHERS.


Q Every mechanic, builder, artisan, work.
man, luborer or other person who shall do or
perform any work OF labor upon, or furnish
any material in the erection Or construction of
n house or other building on land or in al
;ering or repairiug any house or other build
ing or its appurtenaucrs. hy virtue of any cons
tract with the owner tht TeCf or his agents shall
have lien for the vsiuS of such labor and ma
terial upon such house or otl or building and
its appurt, nanceS and also upon the lois OF land
upon which the same is 81 ua,cd And such
owner shall not be obliged t. lay for or on ac-
count of such house building or sppurtenances,
any greater sum or amount than the price an
stipulated aud agreed to he Iaid therefor in
aud by such contract Aud such lien shall
have priority over any hen created by deed or
otherwise ou uch house or otler building and
appult nnancts ard the lots Oh which the same
are erected. subsequently to the time when
such iahnr shall have eu performed and mas
teral furnished.


But there shall be no priority of lien as be-
tween the parties claiming under the pros
visions of this section But no lien shall be
created in favor of any person furnishing ma-
terial. against the owner of the land. unless
the said material was furnished directly to
him. or unless hc have notice previous to such
owner having paid the contractor for building
such house. from the said party furnishing the
said material that he claims a lien for tho
same.


3. Such lien shall be discharged unless tho
person desiring To avail himself within thirty
days from the time he ceased to labor on, or
furnish matrrinl for such building md appur-
tcnauccs, file with the clerk of tho County
Court in which the house or other building is
situated, Just and true account Of the amount
due him. after allowing all credits, together
with description of the property intended
to be covered by the lien. sufficiently accurate
for identification, with the name of tho owner
or owners of the property. if known, which
account shall be subscribed and sworn TO by
the person claiming tie lien or some ouo in
his behalf


l. 1t shall be the duty of the Clerk of tho
County Court in which tho property is situ-
sted TO enter every such nccouut in book bv
him to be kept for that pnrposc, to be cnlled
the Mechanics Lien Record, which shall
be properly indcxed and in Ghich hc shall
state the names Of the parties. tho amount
and character of the claim, md when filed,
and the description Of the property to be
charged by said lien. for which service no
shall receive fifty cents to be paid by tho per-
sors claiming the lien.


5. Any person who in pursuance Of IN
agreement with any such contractor shall, in
conformity with the terms OF the contract
with such owner agents do or perform la
bor or work. or furnish any material in tho
erection construction of a house or other
building in this State may give written
tice to the owner of the building or his
agents, that the contractor is indebted to him
in certain sum for material furnished, or
labor done upon the owners house or other
building, giving the particulars thereof and
an affidavit that the same is correct. aud such
owner or his agents, shall If there be unpaid
by the owner to the contractor sum sufficient
TO paw the amount Of such claim. il shall be
paid by the owner, but if there be not in his
hands sufficient sum TO pay all Of the claim,
he shall only pay the amount remaining in his
hands at the time he received notice of such
claim.


G. When tho owner fails to perform his
part Of the contrrct, and by reason thereof
the other party without his own detault is pre-
vented from completely peTformii1Fs -TiE pETt,
he shall be entitled to reasOnabe compsnsa-
tion, for much he has performed in pros
portion to the prices stipulated for the whole.


Z. Any person having lien under or by
virtue of this chapter, may enforce the sSme
by filing bill in chsDcery in the Circuit or
County Court Of the county in which the
house or other building is situated, in which
he shall make all other persons having similar
liens thereon parties, and any other person
acquiring such lien before "A decree shall bo
pronounced in said suit, may. at his request
be made defendant therein. and recover his
claim in the sGme manner as if he had been
made defendant NJ the commencement Of
The suit. Should tie party bringing the suits
from any cause. fail to establish his claim, the
sui: shall not for that cause he dismissed. but
1t may be prosecuted by any other party
thereto having such lien. in tire same manner
as if it had been commenced by him.


3. ! Mess suit 10 enforce the lien IL cons
menced within six months after the person
desiring to avail himself thereof, shall have
filed his account in the Clerks Office of the
County Court as hereinbefore, provided such
lien shall be discharged, but suit commeDc>
cd by any person having such lien shall. for
the purpose Of preserving the same. inure tn
the benefit Of all other persous having like
lien on the same property.


9. If the lien is established in favor Of aDv
Of the creditors whose claims are presented
in such suit, the court shall order a sale Of
the Drorerty on which the lien is established
or so much thereof ss may be suficiep. to
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