Vandalia Whig and Illinois intelligencer. [volume] (Vandalia, Ill.) 1832-183?, 1833-05-08
TPUBLIc. M. 43.1


AN ACT to secure to mechanics and Others payment
for labor done and materials furnished in the
ton of buildings in the District of Columbia.
Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Con-
gress assembled, That all and every dwelling house,
other building, hereafter constructed and erected
within the city of Washington, in the town of Alex
andria,or in Georgetown in the District of Column
bia, shall be subject to the payment of the debts con-
tracted for, or by reason of any work done or ma
terials found and provided by any brickmaker, brick
layer, stonecutter, mason, lime merchant. carpen-
ter, painter and glazier, ironmonger, blacksmith,
plasterer, and lumber merchant, any other per-
son persons employed in furnishing materials for,
or IN the erecting and constructing such house or
other building before any other liel which originated
subsequent to the commencement of such house or
other building. Put if such dwelling house or other
building any portion thereof, shall have been con-
structed under contract contracts, entered into by
the owner thereof, his her AGENT with any per-
son or persons, no person who may have done work
for such contractor contractors, furnish mate
rals to him, his order authority, shall have
or possess any lien said house other building,
for work done materials furnished, unless the
person persons employed by such contractor to
do work on, or furnish materials for such building,
shall within thirty days after being so employed,
give notice IN writing to the owner owners of such
building to his their agent that he they are
so employed to work to furnish materials, and that
they claim the benefit of the lien granted by this act.
And if such house or building should not sell for a
sum sufficient to pay all the demands for such work
and materials, then, and in such case the shall
be averaged, and each of the creditors paid sum
proportionate to their several demands: Provided.
GlDays, That no such debt for work and materials
shall remain lien the said houses other build
ings longer than two years from the commencement
of the building thereof unless action for the re-
covery of the be instituted, or the claim filed,
within three months after performing the work or
furnishing the materials in the office of the clerk of
the court for the county in which the building shall
be situated: find, prouided, also That each and
every person, having received satisfaction for his or
their debt, for which claim has been or shall be
filed, or action brought aforesaid, shall, at the
request of any person interested in the building, on
which the same lien, in having the same hen
removed or of his their legal representative, on
payment of the costs of the claim action, and on
tender of the costs of office for entering the sasfac-
ton within six days after such request made, enter
satisfaction of the claim in the office where such claim
or shall be filed, such action broug ht which
shall forever thereafter discharge, defeat and release
the same; and if such person, having received such
satisfaction aforesaid, by himself or his attorney,
shall not within six DAYS after request and payment
of the costs of the claim action, and tender as
aforesaid, by himself his attorney, duly authori-
zed, enter satisfaction aforesaid he, she, they
neglecting or refusing so to do, shall forfeit and pay
unto the party or parties aggreved any sum of money
not exceeding one half of the debt, for which the
claim was filed, or action brought aforesaid, to
be sued for and demanded by the person persons
unidentified, in like manner other debts now
recovered by the existing laws for the recovery of
debts.
SEC. Q. find be it further enacted, And in all cases
of lien created by this act the person having claim
filed agreeable to its provisions, may, at his election
proceed to recover it by personal action according
to the nature of the demand against the debtor, his
executors, administrators, by scre acas against
tho debtor, or owner of the buildings; and where
the proceedings by scire acas, the writ shall be
served in like manner as a summons upon the persons
named therein if TO be found within the county, and
If not found within the county then by fixing copy
of the writ upon the door of the building against
which the claim is filed and upon the return of SER
vice and failure ofthe defendants to appear, the court
shall render judgement in the case of summons;
but if they, or either of them, appear, they may
plead and make defence, and the like proceedings
shall be had in personal actions for the recovery
of debts: Provided, That no judgement rendered in
such sire facias shall warrant the issuing execu-
ton except against the building buildings upon
which the lien existed as aforesaid.
A. STEVENSON,
Speaker Of the House of Representatives.
HUI: L, WHITE,
President Of the Senate pro ten,pore.
APPROVED, March ed, 1883.
ANu,Dryu YACUcnN