1. The Mechanics' Lien act provides a strictly statutory remedy and must be strictly construed; the lien and the mode of enforcing it are creatures of the statute, and the courts have no power either to enlarge or lessen it.
2. The Mechanics' Lien act, as amended by chapter 213 of the laws of 1930, confers no greater right to a lien than existed before the amendment, but imposes an additional requirement or restriction for the creation of a lien, by providing that no one shall be entitled to a lien for any labor performed or materials furnished prior to the filing of a notice of intention to perform such work, or furnish such materials, in the proper office.
3. Where the contract for construction is filed, as provided by section 2 of the Mechanics' Lien act, the owner is liable to the contractor alone for work done and materials furnished, and it follows that where materials are furnished and notice of intention filed, and the building contract is filed subsequently, the lien for materials furnished extends only to such materials as were furnished prior to the filing of the contract.
PER CURIAM.
The judgment under review herein will be affirmed, for the reasons expressed in the opinion of Judge Shay in the Cumberland County Circuit Court. For affirmance — THE CHANCELLOR, CHIEF JUSTICE, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, JJ. 13.
For reversal — None.