1. By force of section 3 of P.L. 1918 p. 203, as amended by P.L. 1920 p. 243, no suit can be maintained by a materialman on a bond conditioned for the payment of all lawful claims of subcontractors, materialmen and laborers for labor performed and materials furnished in the carrying forward, performing or completing of the contract, unless, within eighty days after the work specified in the contract had been accepted, he had furnished to the surety a statement of the amount due him and unless he commenced his suit within one year from the date of the acceptance.
2. Equity will take jurisdiction of this case to prevent a multiplicity of suits by various materialmen on the bond given by the complainant, and this even though the question at issue were purely legal.
PER CURIAM.
The decree appealed from will be affirmed, for the reasons expressed in the opinion delivered by Vice-Chancellor Bigelow in the court of chancery.
For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, PERSKIE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, DILL, JJ. 15.
For reversal — None.