Chap. 221.—An ACT in relation to Mechanics’ Liens in the City of Norfolk.

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Passed February 20, 1867.

1. Be it enacted by the general assembly, That all artisans,
builders, mechanics, lumber merchants, and all other persons
performing labor or furnishing materials for the construction
or repair of any building within the city of Norfolk, shall
have a lien on such building for the work and labor done or
materials furnished by each respectively: provided, however,
that in the case of repairs merely, no such lien shall attach,
unless their aggregate value exceeds the sum of fifty dollars,
or unless they are ordered or directed by the owner of the
building.

2. Every person wishing to avail himself of the benefits
of this act, shall file in the clerk’s office of the hustings court
of Norfolk, within sixty days after the completion of such
building, a just and true account of the amount due to him
for work or labor done, or materials furnished, after deduct-
ing all proper credits and offsets; and shall verify said ac-
count by his own oath or the oath ‘of some other person, and
shall file at the same time and place a memorandum setting
forth a description of the premises subject to said lien. If
such lien is claimed by a sub-contractor, journeyman, or other
person furnishing materials or performing labor for the con-
tractor, the account aforesaid,.with the memorandum, shall
be filed within thirty days after the work was done or the
materials were furnished; and within. five days after filing
such account and memorandum as aforesaid, he shall serve a
copy of said account on the owner of such building or his
agent, if such owner resides out of said city. If such owner
do not reside within said city and have no agent therein, ser-
vice of such copy may be made by posting the same ina
conspicuous place on the building to be charged with such
lien. Unless the account and memorandum be filed in ac-
canbe the provisions of this section, the lien shall be
ost. |

. 3. The owner of the building on being served with a no-
tice as provided in the last preceding section, shall withhold
from the contractor, out of the money then due or first to
become due to him under the contract, a sufficient sum to
cover the lien claimed, until the validity thereof shall be
ascertained by a proper legal proceeding, if the same shall
be contested; and if so established, or if-the claim be not
contested, the amount thereof may be paid by the owner,
and it shall be a valid offset to that extent in favor of the
owner against the contractor. And where any claim is filed
under the provisions of the second section of this chapter,
the owner of the building may file in the clerk’s office of the
hustings court of said city a written obligation, with security
to be approved by the clerk of said court, to the effect, that
he will pay any’ judgment that may be recovered on such
claim; and thereupon the lien given by this chapter as to
such claim shall cease. And where any building is erected
or repaired in pursuance of a contract made between the
owner and, contractor, persons furnishing materials or perform-
ing labor for the contractor, shall not, together or separately,
have a lien upon the building or the ground upon which it is
erected, for more than the sum due by the owner to the con-
tractor under the contract, at the time of the service of the
notice aforesaid, or subsequently accruing to such contractor
under the contract. :

_ 4. The land upon which the building shall be erected, to-
gether with a convenient space around the same, or so much
as may be required for the convenient use and occupation of
the premises, shall also be subject to the lien created by this
act, if at the time the work or labor was done or the mate-
rials were furnished, the said land belonged to the person
who caused the said building to be erected or repaired; but
if such person owned less than a fee simple estate in such
jand, then: only his interest therein shall be subject to said
liens. The liens created by this act shall be preferred to
every other lien or encumbrance which shall have attached
upon said property subsequent to the time at which the work
was commenced.or the materials furnished; and. no encum-
brance upon the land ereated before or after the making of
a coatract for the. erection of a building upon such land,
shall operate upon the building erected, until the lien in favor
of the persons doing the work or furnishing the materials
shall have been satisfied. Upon questions arising between
previous encumbrancers and creditors under the provisions
of this chapter,.the previous encumbrance shall be preferred
to the extent of the value of the land at the time of making
the contract; and the court shall ascertain by jury or other-
wise, as the case may require, what proportion of the pro-
ceeds of any sale shall be paid to the several parties in in-
terest. :

5. The account and memorandum required by the ‘second
section of this chapter to be filed, shall specify that it is the
intention of the holder thereof to claim a lien upon the pre-
mises sought to be charged therewith; and it shall be the
duty of the clerk of the hustings court to file and record
such account and memorandum in a separate book, to be pro-
vided for such purpose. From the time of such filing, all
persons shall be deemed to have notice thereof.

6. No such lien shall bind any building, or the land on
which it is erected, for a longer time. than six months after
the work has been done, or the materials have been furnished,
unless suit be brought to enforce the same within that time,
or if a credit be given, within six months from the expira-
tion of the credit, and within two years from the time of the
completion of the building. "

7. Such liens may be enforced by suit, in which the claim-
ant shall set forth the particulars of his demand, and a de-
scription of the premises sought to be charged with said lien.
If the demand be established by the judgment of the court,
and shall not be satisfied within thirty days thereafter, it
Shall be the duty of the court, on the application of the party
obtaining such judgment, to cause a notice to be published
for at least ten days in some newspaper of said city, notify-
ing all persons holding or claiming liens on said premises to
be and appear in said court on a day to be therein specified,
and to exhibit then and there the proof of said liens. On
the day appointed, the court shall proceed to hear and de-
termine the said claims, or may refer the same to a referee,
to ascertain and report upon said liens, and the amount justly
due thereon; and all liens not so exhibited and proved shall
be deemed to be waived in favor of those which are so ex-
hibited. On ascertaining the whole amount of said liens,
with which the said premises are justly chargeable, as here-
inbefore provided, the court shall cause said premises to be
sold in satisfaction of said liens and the costs,and upon such
terms as the court may deem proper; and.if#he ‘proceeds of
such sale shall not be sufficient to satisfy the Who lows puch liens
established as aforesaid, then the same shallpayay#ortioned
according to the respective rights of the Several parties.

8. In addition to the proceedings authorizedspy the last
preceding section, any person holding thelicnafpresaid may
commence 4 suit in equity, as in otkéz, case of ltens, Acai
the owner of and all other persons, ifwjerasteg as lien h
or otherwise, in such building, ant thg fan
erected, and obtain such final dedPeg*therain: hoe |
thereof, as justice and equity may4gquire. + ‘¢.

9. The holder of such lien, filed as aforesaid on payment
thereof, shall enter satisfaction of the same on record, at the
request of any one interested in the property charged with
the lien, within ten days after such request, on the payment
of costs of such entry; and on failure to enter such satisfac-
tion, shall forfeit and pay the party aggrieved the sum of
fifty dollars, and all damages which he may have sustained
by reason of such failure or neglect.

10. Nothing herein contained shall be sonsirmed to take
away or affect in any manner any action which any such con-
tractor, laborer, sub-contractor or other person performing
labor or furnishing materials for such building, would other-
wise have against “his employer.

11. Nothing contained in this chapter shall be deemed to
apply to or affect any lien heretofore acquired.

12. This act shall be limited to buildings hereafter erected
‘or repaired in the city of Norfolk, and shall be in force
from its passage, and shall expire at the end of two years
from and after the passage thereof.

ment and navigation of New Rive er, from a point near Central Derek to
the mouth of Greenbrier river.

Passed February 21, 1867.

1. Be it enacted by.the general assembly, That it shall be
lawful to open books of subscription at Central Depot, in the
county of Montgomery; at Lead Mines, in the county of
Wythe; at New River Springs and Pearisbur g, in Giles’
county; and at any other place, and at such times as may be
designated, under the direction of John B. Radford, David
Graham, Charles L. Crockett, John Fulton, William B.
Mason, John R. Dunlap, George H. Peck, James E. Eskridge,
L. F. Watson, James R. Kent, D. J. Morrill, Charles Wood,
Richard Wood, Gordon Cloyd, Albert G. Pendleton, E. G.
Booth, William Eggleston, D. W. Mason, Joseph H. Hoge,
Manelius Chapman, C. J. Johnston, Joseph A. Peck, James
Adair, R. F. Watts, Absolam Fry, Jno. C. Snidow, or any
three or more of them.

_ 2. Subscribers in shares of fifty dollars, in money or lands,
on terms arranged between the parties, their representatives
and any persons becoming associated with them, shall be
and are hereby-declared to be a body politic and corporate,
under the name and style of the New River Improvement
Company, for the purpose of constructing a railroad or navi-
gation from the Lead Mines, in Wythe county, in connection
with any similar improvement in Western Virginia, or any
portion of said distance; the capital stock subscribed may
allow, at any time, either by joint or separate companies,
with the rights and privileges of the general laws on such
subjects, and any charter previously granted to such improve-
ments; and of holding, selling, conveying and encumbering
the lands held by said company, and of enlarging the capita
as may be required in prosecution of the improvements.

3. This act shall be in force from its passage, and opera
tions commenced in two years and completed in ten years
to be amended or modified at the pleasure of the genera
assembly.