or any portion thereof may file petitions in such suit asking for tho enforcement of their respective liens to have the same effect as if an independent suit were brought by each claimant. There shall be ne priority among them, except that the lien of a sub-contractor shall be preferred to that of his general contractor; the lien of persons performing labor or furnishing materials for a sub-contractor, shall be preferred to that of such sub-contractor; and liens filed by persons performing manual labor shall have priority over material men to the extent of the labor performed during the thirty days immediately preceding the date of the performance of the last labor. (1920, p. 485. In force June 18, 1920.) For article by Judge Martin P. Burks on "The Code of 1919," citing this section, see 5 Va. Law Reg. (N. S.) 97. A former statute (section 2482-a Code of 1904) completely protects the owner of the building, and the case at bar fully illustrates its effectiveness as a remedy for every interested party. All that the owner has to do in case such an assignment is made is to follow the example of the owner in the instant case-pay the money into court and convene the claimants of the fund, and relieve himself of all responsibility in connection therewith. If he does not know the claimants of the fund then he can take advantage of section 6069 of Code 1919, which authorizes complainants who think that there may be persons who are interested in the subject, whose names are unknown, to make them parties to the suit by the general description of "parties unknown," and on proper affidavit to have them convened by order of publication. London Bros. v. Nat. Exchange Bank, 121 Va. 460, 93 S. E. 699. Sec. 6438. Lien of employees, et cetera, of transportation companies, et cetera, on franchises and property of company. All conductors, brakemen, engine drivers, firemen, captains, stewards, pilots, clerks, depot or office agents, storekeepers, mechanics, traveling representatives or laborers, and all persons furnishing railroad iron, engines, cars, fuel and all other supplies necessary to the operation of any railway, canal or other transportation company, and all clerks, mechanics, traveling representatives and laborers who furnish their services or labor to any mining or manufacturing company, whether such railway, canal or other transportation or mining or manufacturing company be chartered under or by the laws of this State, or be chartered elsewhere and be doing business within the limits of this State, shall have a prior lien on the franchises, gross earnings and on all the real and personal property of said company which is used in operating the same, to the extent of the moneys due them by said company for such wages or supplies; and no mortgage, deed of trust, sale, hypothecation or conveyance executed since the first day of May, eighteen hundred and eighty-eight, shall defeat or take precedence over said lien; provided, however, that the lien secured by this section to parties furnishing supplies, shall be subordinate to that allowed to clerks, mechanics and laborers for services furnished as aforesaid; and provided, that if any person entitled to a lien as well under section sixtyfour hundred and twenty-six as under this section, shall perfect his lien given by either section, he shall not be entitled to the benefit of the other; and provided, also, that no right to or remedy upon a lien which has already accrued to any person shall be extended, abridged or otherwise affected hereby. (1922, p. 13. In force February 11, 1922. Sec. 6439. EDITOR'S FORM OF MEMORANDUM FOR SUPPLY OR LABOR LIEN Know all men by these presents that under and by virtue of the statutes of Virginia in such cases made and provided, I hereby claim a prior lien on the franchises, gross earnings, and all real and personal property of... a transportation (mining or manufacturing) company, by reason of having furnished said company with certain supplies necessary to its operation (or with labor or service in the capacity of... ..). The amount and consideration of my claim, and when each item thereof was or is to become due and payable, is truly and in detail set forth in the account. (Here insert account.) Given under my hand this.. day of... 19.......... State of Virginia, I,. .of. a.. to-wit: in and for the.. aforesaid, in the State of Virginia, do certify that.. ...personally appeared before me in my. aforesaid, and made oath to the statements contained in the foregoing memorandum, and to the correctnesss of the account set out therein. Given under my hand this.. Sec. 6441. Satisfaction of lien. (Repealed; 1920, p. 28. In force February 10, 1920.) This is in accordance with a Revisor's note to the Code. For article on the "Examination of Titles in Virginia," see 5 Va. Law Reg. (N. S.) 817. To.. Sec. 6449. EDITOR'S FORM FOR ENFORCING LIEN ON PERSONALTY : day of.. Court of the. I shall apply .of. Take Notice: That on the.. by petition to the... Virginia, for an order directing the sale of your automobile, known as the Runabout, and numbered... to satisfy my lien The amount claimed to be due by you to me for said altering and repairing ..) Dollars with interest from the.. upon the same for the altering and repairing thereof. Your petitioner respectfully represents that he is a mechanic engaged in the city of Virginia, in altering and repairing automobiles, and that he has in his possession in said city a certain automobile known as Runabout, numbered.. the. which said auto and was altered That there is now due your petitioner by the said.. ..the sum of ($.. ...) dollars for altering and repairing the said automobile, which is a just and reasonable charge for altering and repairing the same, and which said sum is now overdue more than ten days, to-wit, since the... and the said.... day of.. fails and refuses to pay the same. Your petitioner therefore claims to have a lien upon the said automobile for said last mentioned sum with interest from the.. and his costs in this behalf expended. ..day of The said.. is a non-resident of the State of Virginia, and your petitioner has in accordance with law given him notice of the making of this application by causing the notice of the same to be posted on the... day of in three public places in the said city, to-wit: In the Court-house, at the front door thereof, in the United States Post-office, at the entrance of the same, in the... Market House, all of which will appear from a copy of said notice and the affidavit thereto attached filed herewith marked "Exhibit A" and prayed to read as a part of this petition. Your petitioner therefore prays the court to enter an order in pursuance of the statute in such cases made and provided, to-wit, section 6449 of the Code of Virginia, 1919, directing a sale to be made of the said automobile to satisfy your petitioner's lien. And your petitioner will ever pray. In the.. V. By.. Counsel. This day came. and by leave of court filed his petition, setting forth that he is a mechanic engaged in the. of Virginia, in altering and repairing automibiles, and that he has in his possession in said city a certain automobile known as the... Runabout, numbered.. which said automobile exceeds in value $400.00, and which was altered and repaired by the petitioner at the request of owner of said automobile; and that there was due the said petitioner by the said....... for at least ten days previous to the posting of a notice of these proceedings the sum of $. with interest thereon from... day of... for altering and repairing the said automobile; and that the petitioner claims a lien upon the same for the said sum with interest as aforesaid. And it appearing from the evidence introduced that the said.. is a non-resident of this State, and that the petitioner has in accordance with the statute in such cases made and provided, given written notice of the application made in said petition by posting copies of said notice on the.. in three public places in the.. day of of.... Virginia. .of. And it further appearing from the evidence that the satements made in the petition are true, and that the said sum is a just and reasonable charge for the altering and repairing of said automobile, and that the said sum is unpaid, and that it was due at least ten days before the posting of said notice as aforesaid; and the court being satisfied that the debt and lien asserted in said petition are established and that the automobile should be sold to pay said debt, the court doth order that the sheriff of the.... ..shall proceed to sell said automobile, and the sale shall be made and the proceeds applied and disposed of in the same manner as if the sale were made underla writ of fieri facias; and after paying the costs of these proceedings and of said sale, he shall pay the proceeds of the same to the said. counsel, to the extent of said debt, to-wit, the sum of §. at the rate of six per cent. per annum from........ or his with interest day of Substantially the same form may be used before a justice of the peace in proper case. Sec. 6452. Lien on crops for advances to farmers; nature and agreement thereof; where recorded. If any person, other than a landlord, make advances, either in money or supplies, or other thing of value, to any one who is engaged in, or is about to engage in, the cultivation of the soil, the person so making such advances shall have a lien on the crops which may be made or seeded during the year upon the lands in or about the cultivation of which the advances so made have been, or were intended to be expended, to the extent of such advances; but the person making such advances shall not have the benefit of the lien, given in this section, unless there is an agreement, in writing, signed by both parties, in which there is specified the amount advanced, or a limit to be fixed beyond which any advances, made from time to time during the year, shall not go, and the said agreement be docketed in the office of the clerk of the county in which the said land so cultivated, or to be cultivated, lies, in a well bound book to be known as "crop lien book," and alphabetically indexed therein, by said clerk, setting forth the date of the lien, a brief description of the land so cultivated or to be cultivated, sufficient to locate the same if stated in the writing, the name of the lienor and the lienee, the amount advanced or the limit thereof, and the crops affected; and from the time such lien is docketed and indexed, it shall have the same force and effect as if recorded in the deed book, and shall be valid as to purchasers without notice from, and the creditors of, the parties or party obtaining such advances. For said services the said clerk shall receive a fee of fifty cents. (1920, p. 339. In force March 16, 1920.) Whereas,.. EDITOR'S FORM OF CROP LIEN is engaged in or is about to engage in the cultivation of a tract of land known as.. and containing.. in the county of.. ...and.. acres, more Virginia, and is or less, and located near. and adjoining the lands of.. desirous of obtaining from time to time during the year advances in money or supplies or other thing of value to be expended for that purpose; Now, the agreement, made and entered into before any such advances are made, between the said.. the lienor, and... the lienee, witnesseth: That the said lienor hereby agrees to furnish to the said lienee, from time to time during the year beginning. ...day of.. 19. .....day of.. and ending... 19......, goods, wares, merchandise, and money for the said purpose, to an amount not exceeding $.. And the said lienee does hereby agree that the advances so made shall be expended in or about the cultivation of the said land, and that the said lienor shall have a lien on all the crops (if the lien is to be on any particular crop or crops, the crops affected must be specified) which may be made or seeded during the said year, to the extent of the advance which may be made under or in pursuance of this agreement. And the said lienee hereby agrees to repay all advances made hereunder, with lawful interest from the time they were respectively made until payment, and hereby waives the benefit of the homestead exemption as to this debt. Witness our signatures and seals this.. ..day of.. 19... [seal] [seal] The description of the land is required to be sufficient to locate the same. For similar form, see 4 Min. (3d Ed.) 1611. Formerly section 2494, Code 1904. For a discussion of the rights of the holder of crop liens as against general creditors, see Armour v. Taylor, 129 Va. 1, 105 S. E. 574. Sec. 6454. EDITOR'S FORM OF AFFIDAVIT FOR DISTRESS WARRANT IN FAVOR OF LANDLORD AGAINST TENANT OR LABORER State of Virginia, County of.. to-wit: This day personally appeared before me.. a justice of the peace in and for the county aforesaid, in the State of Virginia, in my said county,. (or " ..., agent for..... made oath that there is now justly due to him (or "to the said. from... with interest thereon from the.. .."), and .."), .cents 19, and that the a tenant culti(or "a laborer working the lands of said the sum of.. dollars and.. day of.. same is for advances made under contract to the said.. vating the land of said. EDITOR'S FORM OF AFFIDAVIT FOR ATTACHMENT AGAINST TENANT OR LABORER WHERE CLAIM IS NOT DUE This day personally appeared before me. a justice of the peace in and for the county aforesaid, in the State of Virginia, in my said day of said amount will be payable on the.. "), which 19. and that said. intends to remove or is removing from such lands the crops, or his portion of the crops, or share therein, so that there will not be left enough to satisfy the said claim of the said.. Given under my hand this.. day of 19......... J. P. Sec. 6456. For article on the "Examination of Titles in Virginia," see 5 Va. Law Reg, (N. S.) 817. EDITOR'S FORM OF AFFIDAVIT OF CREDITOR, HIS AGENT OR |