A materialman furnished materials to a company, now in receivership, to build a sewer. He files a preferred claim for the amount due him with the receiver, asking to be paid out of the balance of the contract price collected by the receiver from the Rahway valley joint meeting by the defunct company, relying on chapter 268, laws of 1932, which gives materialmen an equitable lien on the contract price in the contractor's hands. Held, the legislative purpose was to make the statute prospective in purpose; it therefore does not apply to this situation which was in being sometime before the statute was passed.
PER CURIAM.
The decree herein will be affirmed, for the reasons given in the court below by Vice-Chancellor Bigelow.
As to chapter 268 of the laws of 1932 ( P.L. 1932 p. 604), we deem it necessary to hold only that the legislative purpose was to make it prospective in operation, and that therefore it does not apply to the instant case.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, JJ. 14.
For reversal — None.