
    John O’Donnell v. Joseph H. Rosenberg.
    
      (Decided in January, 1873.)
    Under the mechanics’ lien law for the city of Hew York (Laws of 1863, ch. 600", § 11), by which the lien ceases after the expiration of one year, unless renewed; Held ’, that a judgment in an action to foreclose the lien, ordering the property to be sold, was invalid if rendered more than a year after the filing of the lien, and without a renewal of it, and would be reversed on appeal, although the objection was not raised on the trial, and no motion had been made to vacate the judgment.
    
      It seems that, as in the case of liens by judgment, the actual sale must occur, and the acquisition of a title by a purchaser be effected before the expiration of the lien.
    The cessation or expiration of the lien is not a subject of defense to be set up and proved by the owner, but its continuance is the only basis of any judgment in rem of foreclosure and sale.
    A clause in a building contract provided that any neglect to comply with the conditions of the contract, &c., should be sufficient cause for the employer to claim damages at the rate of ten dollars for each day’s detention so caused; Held, that this was a covenant for stipulated damages, and the employer was entitled to recpver at that rate for delay occurring without his contributory negligence or consent.
    Reported in full in 14 Abb. Pr. 59.
    Appeal by defendant from a judgment in an action to foreclose a mechanics’ lien.
    
      Stephen N. Olin, for appellant.
    
      Dennis McMahon, for respondents.
   Opinion of the court by Robinson, J.

Judgment reversed. 
      
      
         Present, Daly, Ch. J., Eobinson, and L arremore, JJ.
     