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persons furnishing material or doing work on leasehold estates of their intention to claim a lien for the labor or materials, at least so far as Clarion County is concerned.

Wettling v. Kelly, 201 Pa. St. 12, p. 18.

See Wettling v. Kelly, 25 Pa. County Ct. Rep. 33.

EXTENDED TO OTHER COUNTIESTHIRD SUPPLEMENT.
LAWS 1870, P. 452.

MARCH 16, 1870.

AN ACT to extend the provisions of an act, entitled "An act relating to the liens of mechanics, material men and laborers upon leasehold estates and property thereon in the county of Venango," approved the 8th day of April, A. D. 1868; also the provisions of an act, entitled "An act to amend an act, approved the 8th day of April, 1868, entitled An act relating to liens of mechanics, material men, and laborers upon leasehold estates and property thereon, in the counties of Venango, Crawford, and Warren,' and declare the true intent and meaning thereof," approved the 13th day of April, A. D. 1869, to the counties of Armstrong, Clarion, and Butler. (Repealing act. See pp. 357, 358.)

SEC. 1. Be it enacted, etc.:

That the several provisions of an act relating to the liens of mechanics, material men, and laborers upon leasehold estates and property thereon, in the county of Venango, approved the 8th day of April, in the year of our Lord 1868; also the several provisions of an act to amend an act, approved April 8, 1868, entitled "An act relating to liens of mechanics, material men, and laborers upon leasehold estates and property thereon, in the counties of Venango, Crawford, and Warren, and declare the intent and meaning thereof," approved the 13th day of April, in the year of our Lord 1869, be and the same are hereby extended to the counties of Armstrong, Clarion, and Butler.

SEC. 2. That the provisions of the first section of the act approved the 8th day of April, in the year of our Lord 1868, entitled "An act relating to the liens of mechanics, material men, and laborers upon leasehold estates and property thereon, in the county of Venango," shall be so extended that all materials furnished shall be a lien upon any buildings, of whatever nature or kind, built upon any of said leasehold estates, whether said buildings or erections shall be for the purpose of developing said leasehold or otherwise.

SEC. 3. That the notice required to be given to the tenant or tenants and owner or owners, in the first section of the act approved the thirteenth day of April in the year of our Lord 1869, entitled "An act to amend an act, approved April 8, 1868, entitled 'An act relating to liens of mechanics, material men, and laborers upon leasehold estates and property thereon, in the counties of Venango, Crawford, and Warren,' and declare the true intent and meaning thereof," shall be thirty days from the time the purchaser or purchasers of any lumber or materials shall commence using the same upon any of said buildings, whether for repairs or otherwise.

ANNOTATIONS.

1. LIEN EXTENDED TO BUILDINGS ON LEASEHOLDS.

2. THIRTY DAYS' NOTICE REQUIRED.

1. LIEN EXTENDED TO BUILDINGS ON LEASEHOLDS.

This act extended the provisions of the original act of April 8, 1868, so that all materials furnished should be a lien upon any buildings built on any leasehold estates, and extended the provisions of the act of April 13, 1869, to the counties of Armstrong, Clarion and Butler, and also provided that the notice required to be given, as provided in section 1 of the latter act, should be thirty days.

Wettling v. Kelly, 201 Pa. St. 12, p. 15.

See Wettling v. Kelly, 25 Pa. County Ct. Rep. 33.

2. THIRTY DAYS' NOTICE REQUIRED.

Section 3 of this act provides that the notice to be given of an intention to hold a lien on leasehold estates as provided in section 1 of the act of April 13, 1869 (P. L. 887), shall be 30 days.

Wettling v. Kelly, 201 Pa. St. 12, p. 15.

See Wettling v. Kelly, 25 Pa. County Ct. Rep. 33.

VERBAL LEASES-FOURTH AMENDMENT.

LAWS 1870, P. 567.

MARCH 28, 1870.

AN ACT to amend an act approved April 8, 1868, entitled "An act relating to lens of mechanics, material men and laborers upon leasehold estates and property thereon, in the counties of Venango, Crawford and Warren," and the supplement thereto, approved April 13, 1869. (Repealed in part. See p. 358.)

SEC. 1. Be it enacted, etc.:

That the first section of an act approved April 8, 1868, relating to the liens of mechanics, material men, and laborers upon leasehold estates in the county of Venango, and the supplement extending the same to the counties of Crawford, Warren, and Clarion, be amended by striking out the word "written" when it occurs before the word "lease," so that the same shall read "held by lease for any term of years."

SEC. 2. That the first section of an act approved April 13, 1869, entitled "An act to amend an act approved April 8, 1868, relating to liens of mechanics, material men, and laborers upon leasehold estates in the counties of Venango, Crawford, and Warren," be and the same is hereby repealed.

SEC. 3. That section 2 of the act approved April 13, 1869, entitled "An act to amend an act relating to liens of material men, mechanics, and laborers in the Counties of Venango, Crawford and Warren," be and the same is hereby amended by striking out the words "after receiving notice as aforesaid," at the beginning of said section: Provided, That the provisions of this act shall only apply to the County of Venango.

ANNOTATIONS.

LIEN ON LEASEHOLD.

VERBAL LEASE-AMENDATORY EFFECT.

This act amends section 1 of the act of April 8, 1868 (P. L. 752), applying to Venango County and the supplement extending the same to the counties of Clarion, Warren, and Crawford, by striking out the word "written" and makes the provision read: “held by lease for any term of years as set forth in the first section." The second section repeals section 1 of the act of April 13, 1869 (P. L. 887), and amends section 2 of the same act by striking out the words "after receiving notice as aforesaid."

Wettling v. Kelly, 201 Pa. St. 12, p. 15.

See Wettling v. Kelly, 25 Pa. County Ct. Rep. 33.

ACT EXTENDED-FIFTH SUPPLEMENT.

LAWS 1871, P. 1008.

MAY 19, 1871.

AN ACT to extend to Warren County the provisions of an act, entitled "An act to amend an act, approved April 8, 1868, entitled 'An act relating to liens of mechanics, material men, and laborers upon leasehold estates and property thereon, in the counties of Venango, Crawford and Warren, and the supplement thereto, approved April 13, 1869," approved March 28, 1870.

SEC. 1. Be it enacted, etc.:

That the provisions of an act, entitled “An act to amend an act approved April 8, 1868, entitled 'An act relating to liens of mechanics, material men, and laborers upon leasehold estates and property thereon, in the counties of Venango, Crawford, and Warren,' and the supplement thereto, approved April 13. 1869," approved March 28, 1870, be and the same is hereby extended to Warren County.

LIEN ON OIL FIXTURES-SIXTH SUPPLEMENT.

LAWS 1871, P. 1068.

MAY 23, 1871.

A SUPPLEMENT to an act, entitled "An act relating to liens of mechanics, material men, and laborers upon leasehold estates and property thereon, in the county of Venango," approved the 8th day of April, 1868. (Repealed in part. See p. 358.)

SEC. 1. Be it enacted, etc.:

That the provisions of the first and second sections of the act to which this is a supplement be and the same are hereby extended so as to include all material furnished and work done for pumping and producing of oil.

ANNOTATIONS.

LIEN EXTENDED PUMPING OIL

This act amends or extends the act of April 8, 1868, relating to Venango County by extending the same so as to include all minerals furnished or work done for pumping or producing oil.

Wettling v. Kelly, 201 Pa. St. 12, p. 15.

See Wettling v. Kelly, 25 Pa. County Ct. Rep. 33.

ACT EXTENDED-SEVENTH SUPPLEMENT.

LAWS 1873, P. 437.

MARCH 27, 1873.

AN ACT to extend an act, entitled "An act relating to the liens of mechanics, material men, and laborers upon leasehold estate and property thereon in the county of Venango," approved April 8, 1868, and the several supplements thereto, to Forest County, and to extend the lien in the provisions of said act to real estate.

SEC. 1. Be it enacted, etc.:

That the act, entitled "An act relating to the liens of mechanics, material men and laborers upon leasehold estate and property thereon in the county of Venango," approved April 8, 1868, and the several supplements thereto, be and the same is hereby extended to Forest County.

SEC. 2. That the sixth section of said act of April 8, 1868, and the several supplements thereto, be so amended as to read "real and leasehold estate" so far as relates to the county of Forest.

NOTE. This section was held unconstitutional. See pages 341, 342.

125672°-20-23

LIENS ON LEASEHOLDS EXTENDED-AMENDMENTS TO AMEND

MENT.

LAWS 1871, P. 1179.

MAY 26, 1871.

A SUPPLEMENT to an act, entitled "An act to extend the provisions of an act, entitled 'An act relating to the lens of mechanics, material men, and laborers upon leasehold estates and property thereon, in the county of Venango,' approved March 16, 1870," numbered four hundred and forty-four, of the acts of assembly for the year 1870, be extended to the counties of Armstrong, Clarion, and Butler. (Repealing act. See pp. 255, 258.)

SEC. 1. Be it enacted, etc.:

That section third of the said act allowing to material men the period of thirty days for giving notice of intention of entering lien for materials, be so amended and altered as to allow and extend the time for giving such notice to ninety days from the time the purchaser or purchasers of said materials shall commence using the same upon any of said buildings, whether for repairs or otherwise; the terms of this provision to apply only to the counties of Armstrong, Clarion and Butler.

ANNOTATIONS.

NINETY DAYS' NOTICE-COUNTIES INCLUDED.

This act changed the time allowed material men, 30 days after giving notice of an intention to hold a lien, and extended the time to 90 days from the time the purchaser shall commence using the material upon any building upon the leasehold estate, but limited the application of the act to the counties of Armstrong, Clarion and Butler.

Wettling v. Kelly, 201 Pa. St. 12, p. 15.

See Wettling v. Kelly, 25 Pa. County Ct. Rep. 33.

LEASEHOLDS-LIENS OF MECHANICS-BUTLER COUNTY.

LAWS 1873, P. 219.

MARCH 7, 1873.

AN ACT relating to the liens of mechanics, material men and laborers upon leasehold estates and property thereon in the county of Butler. (Repealed in part. See p. 258.) SEC. 1. Be it enacted, etc.:

That all persons furnishing materials for or about the erection, construction, or repair of any engine, engine house, derrick, tank, machinery or wood or iron improvement, or for or about any building which may be constructed, erected or repaired upon any leasehold, lot or parcel of ground, or coal and material furnished necessary for the improvement or development thereof, held either by written or verbal lease for any term of years, and which shall or may be so constructed, erected or repaired by the tenants or lessees of said leased estate, or for them or for their use and benefit, shall have a lien upon all such engine or engines, material, machinery, buildings, tanks, wood or iron improvements, as may be upon or pertaining to said leasehold, lot, or parcel of ground, at the time such claim may be filed as hereinafter provided, together with the lease, lot, or parcel of ground on which the same is situated, for the price and value of the materials so furnished: Provided, That the lien hereby given, shall extetnd as to such lease or lot, only to the interest of the lessee or lessees, tenant or tenants therein, and nothing herein shall be so construed as to prevent material men from enjoying the privileges hereby granted as

against the lessees or tenants of the like estates for any other purpose than that of the development of oil.

SEC. 2. That all persons doing work for, on, or about the erection, construction or repair of any engine, engine house, tanks, derrick, building, machinery, wood or iron improvement, erected, constructed or repaired upon any leasehold estate as aforesaid, or for boring, drilling, or mining on said lease or lot for the development or improvement of the same, whether such labor is or may be done by the day, month, or year, or by contract for the tenant or tenants, lessee or lessees of such lot or lease of parcel of land, or for their use and benefit, shall have a lien upon the personal property and fixtures on said lot or lease of ground, and upon such lot or leasehold itself for the price and value of such work and labor: Provided, That such lien shall extend as to said labor (sic) leasehold only to the interest of the tenant or tenants, lessee or lessees therein, and nothing herein shall be so construed as to prevent laborers and mechanics from enjoying the privileges hereby granted as against the lessees or tenants of the like estates for any other purpose than that of the development of oil.

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SEC. 7. The provisions of this act shall extend only to the county of Butler, and shall in no way affect contracts heretofore made or proceedings heretofore commenced under former acts; and the acts of April 8, 1868, March 6 (16), 1870, and May 26, 1871, are hereby repealed, so far as the same relates to the county of Butler.

ANNOTATIONS.

LIENS ON LEASEHOLDS.

1. PURPOSE AND CONSTRUCTION OF ACT.

2. APPLICATION TO COUNTIES.

3. PROPERTY OF STRANGERS USED ON LEASEHOLD.

1. PURPOSE AND CONSTRUCTION OF ACT.

The purpose of this act was to extend the protection of the mechanics' lien law to persons employed in the development of leasehold estates, and to afford them the right to file a lien against the leasehold and the property and fixtures thereon of the lessees and tenants, and possibly to the like property of those who are interested in the enterprise. This construction would give consistent effect to the entire act without conflicting with any part of the proviso.

Sherman v. Thompson, 7 Pa. Supr. Ct. Rep. 555, p. 561.

See Wiles v. Peoples' Gas Co., 7 Pa. Supr. Ct. Rep. 562.

It is not to be presumed that the legislature intended by this act to subject property to seizure and sale for the debts of strangers to the title and who have acquired no right to pledge it therefor. The act does not indicate an intention to affect the rights of persons not interested or connected with the subject matter of the statute. It was the legislative purpose to subject leaseholds and the property thereon of lessees, tenants, and persons having an interest in the operations, to claims of persons employed in the work, when such operations are conducted under a demise of the premises, for the reason that leaseholds and personal chattels were not within the purview of the general mechanics' lien laws.

Sherman v. Thompson, 7 Pa. Supr. Ct. Rep. 555, p. 560.

See Wiles v. Peoples' Gas Co., 7 Pa. Supr. Ct. Rep. 562.

Under the proviso the scope of this act is restricted in its operation to lessees and tenants of leasehold estates and to persons conducting the work for

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