THOMAS G. PR ATT, ESQUIRE, GOVERNOR.

1846.

SEC. 3. And be it enacted, That the said act of Assem-
bly, to which this is a supplement, shall extend to all
work done, or materials furnished, and that in case where
a claim or lien is filed by a contractor or builder who is
indebted for work done, or materials furnished, at his re-
quest or in his accounts, the person or persons to which
such contractor or builder 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 lein, and the same may and shall be
ascertained in such manner and form and by such pro-
ceedings as may be equitable and just.

CHAP. 290.

SEC. 4. And be it enacted, That in all cases in which
acontiactor or builder of a building shall have purchased
materials or contracted for work, and the party from
whom such purchase has been made, or with whom such
coutract for work has been made, shall have given notice
to the owner of the building of the amount due him, and
whether for work done, or materials furnished, it shall
and may be lawful for such owner to retain from the cost
of such building, the amount which he may ascertain to
be due to the party giving such notice, and that in case
a lien be laid by the party from whom such purchase has
been made, or with whom such contract for work has
been made, or by the party giving such notice, and be
also laid by the contractor or builder, the said contrac-
tor or builder shall receive only the difference between
the amount due him, and that due to the person from
whom such purchase has been made, or with whom such
contract for work has been made, or by the party giving
such notice.

Owner may
retain from the
cost of build-

ing.

SEC. 6. 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
receiving notes or other securities, unless the same be
received as payment, or the said lien be expressly waiv-
ed, but that the sole effect thereof shall be to prevent the
issuing of a sciri facias, or other proceedings to enforce
the said lien until the expiration of the credit agreed
upon; provided, however, that the lien or claim be filed
within the time required by law; and provided further,
that it does not impair the twelfth section of the act to
which this act is a supplement.

Lien not waiv-
ed by granting
a credit.

Provisoes.

SEC. 6. And be it enacted, That section fourth of the
act to which this act is a supplement, shall be so con-
strued that no lien given by said act and the supplement
thereto, shall take effect and be available, unless the per-

File claim in

90 days.