James Smith Woolen Machinery Co. v. Browne

Citations

• 206 Pa. 543
• 56 A. 43
• 1903 Pa. LEXIS 758

Syllabus

<p>Mechanic's lien — Oil and gas wells — Act of June 17,1887, P. L. 409,-^ Jjábor — Materials—Leasehold.</p> <p>(1) A claim filed under the act of June 17, 1887, “ for materials delivered and labor furnished ” is invalid, as the act only provides a lien for labor; (2) A claim filed against “all that certain lot or piece of ground with the factory building .... improvements thereon, and the curtilage appurtenant thereto,” is invalid, inasmuch as the intent of the act was to give a lien only against a tenant’s interest in severable machinery on the land ; (3) A claim against all the machinery on the premises is invalid, inasmuch as the act gives a lien against machinery only on which construction work was done.</p> <p>It seems probable that the Act is applicable only to oil or gas leases or similar mineral and mining rights in land.</p> <p>Not decided whether a claim filed “for materials delivered and labor furnished ” is invalid as to labor furnished,</p> <p>Constitutional law — Amendments of statutes — Mechanic's lien — Article 3, section 6, of the constitution — Act of June 17, 1887, P. L. 409.</p> <p>When there is an established system of procedure in certain cases, whether it be by common law or statute or joint operation of both, a new act applying such system to a new class of cases by general reference to it, is not a violation of section 6, article 3, although it may operate to some extent as an extension of a previous statute.</p> <p>The Act of June 17, 1887, P. L. 409, giving a lien for labor for or about certain construction work, and providing that the proceedings shall be such as “ now provided by law in case of mechanics’ liens,” does not transgress the prohibition of section 6 of article 3 of the constitution, relating to amendments of statutes.</p>