THOMAS G. PRATT, ESQUIRE, GOVERNOR.

1845.

dial in their nature, and that such amendments may at
any time hereafter be made in the proceedings under the
said acts of assembly, now pending or hereafter to arise
commencing with the claim or lien filed or to be filed,
and extending to all subsequent proceedings as may be
necessary and proper to effect the objects, intents and

CHAP. 287.

purposes of the said acts of Assembly; provided however,
that the amount of the claim or lien filed shall not in any
case or under any circumstances be increased or enlarg-
ed.

Proviso.

SEC. 2. And be it enacted, That the said acts of As-
sembly shall extend to all work done or materials furn-
ished, and that in case when; a claim or lien is filed by
a contractor or builder, whether of the whole or of a
part of such building, nothing more shall be necessary
than to state in general terms the nature and character of
such contract, and the amount due under the same, and
that in all cases where such claim or lien may be filed
by a contractor or builder who is indebted for work done
or materials furnished at his request, or in his accounts
the person or persons to whom such contractor or build-
er is indebted, may by petition, claim to be paid the
amounts due him or them by such contractor or builder,
out of the monies to be received from such claim or lien,
and the same may and shall be apportioned in such man-
ner and form and by such proceedings as may be equi-
table and just.

Extend to all
works done
or materials
furnished.

SEC. 3. And be it enacted, That in all cases in which
a building shall be commenced, and the same shall not
be finished, the said liens shall attach thereto to the ex-
tent of the work done or materials furnished.

Liens attach.

SEC. 4. And be it enacted, That in all cases in which
a sale shall be made under a judicial process of a court
of law or of equity, or by a trustee of an insolvent debt-
or, of any building to which a lien for work done or ma-
terials furnished attaches, the proceeds of such sale shall
be applied and distributed in such manner and form as
shall be just and equitable, and as shall apportion the
same among the claimants thereto, according to their re-
spective rights and priorities.

Applied and
distributed.

SEC. 5. And be it enacted, That no person having a
lien for work done or materials furnished, shall be con-
sidered as waiving such lien by granting a credit or re-
ceiving notes or other securities, unless the same he re-
ceived as payment, or the said lien be expressly waived,
but that the sole effect thereof shall be to prevent the is-
suing of a scire facias or other proceedings to enforce the

Waiving lien.