Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-04-13
THE LIEN LAW.

AN ACT to secure to mechanics and others
payment for labor done and materials furnish
ed IN the erection OF buildings IN the District OF
Columbia.
Bell eaacied, &c. That all and every dwell.
ling house, other bulldog, hereafter construct
ed aud erected within the city of Washington,
in the town nf Alexandria, or in Georgetown. IN
the District of Columbia. shall be subject 10 the
payment OF the drOts contracted for. or by reason
OF any work done or materials found aud pro.id.
ed by any brick-maker, briSIayer, .tunecutter.
masun, lime merchant. carpenter. painter and
glazier, ironmonger, blacksmith. pIaster.r, and
lumber merchant, or any other person or persons
employed in furnishing materials for, or IN the
erecting and constructing such hOu,a or "ther
building, befure any other lien which origIhat
Ied subsequent to the commencement OF sab
house or other building But if ,u,h d"ciilns
house. or other building. or any portion thereof,
shall have been constructed uUdrr contract ~
contracts entered into by the thereof. or
his or her agent, with any person or persons. no
person who may have done work fur such con-
tractor or contractors, or furnished materials to
him, or on his order authority, shall have or
pussess any lien sad house OIother building, for
work done or materials so furnished, unes the
person or persons employed by such contractor
to do work on, furnish materials for, such
building, shall, within thirty days after being So
employed, gave notice in writing. to the owner
or owners of such building, or To his or their
agent. that he or they are so employed to work
or to furnish materials, and that they claim the
benefit of the lien granted by this act. And IT
such house or other building should not sell for
sum sufficient to pay all the demands for such
work and materials. then, aud in such case, the
same shall be averaged, and each OF the credi-
tors paid sum prOporti0nate tU their several ds.
mands:
Provided, arrays, That no such deb, for work
and material shall remain lien on the SAID
houses or other building, longer than two years
from the com nencement Of the building there.
of unless an action Tor the recovery of the sd me
be Instituted, or the claim flied, within three
months after perfurming the work or furnish
ing the materials in the office Of the clerk for the
county in which the building shall be situated:
Ind provided, also, That each and every person,
having received satisfaction for his their debt,
for which claim has been or shall be filed, or
action brought as aforesaid, shall at the request
Of any person interested in the building on which
the same was lien, or in having the same lien re.
moved, or Of his or their legal representative, on
payment Of the costs of the claim or action, and
on tendeT OF tne COSTS Ot ounce IOf enter
ing the satisfact ton, within six DAYS after such
request made, enter satisfaction OF the claim in
the office where such claim was or shall be filed,
or such action brought which shall forever
thereafter discharge. defeat, and release the
same; and il such person, having received such
satisfaction as aforesaid, by himself his attor.
ney. shall not, within six days after request and
PAYMENT of the costs Of the claim or action, and
tender as aforesaid. by himself or attorney, duly
au thorzed, enter satisfaction as aforesaid. he,
she, lhey negecting or refusing so to do, shall
forfeit and pay unto the party parties asgriev-
ed any sum Of money, not exceeding one half
Of the debt, for which the claim wa filed, ac-
ton brought as aforesaid, to be sued tor and de-
handed by tn person or persons Unidentified, in
like manner IS "tber debts are recovered by the
q ,lstli z laws Tor the e0very Ut debts
Sec. 9 ind be IL further enacted, That in all
cases Of in, ated by Tins act, the person
having a cism fed agreeab!v to its provisions,
may, at his election. proceed to recover It by
personal action, according TO the nature of the
demand. agains, the debtor. his executors. or
administrators, or BY scire facias sgain.t the
debtor or owner of the building; and where the
proceedings are by scire facias, 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 npon the door of the
building against which the claim is fixed: and
upon the return of service and failure Of the de.
PENDANTS to appear, the court shall render judy
ment as IN the case Of summons; but If they,
or e ther of them, appear, they may plead and
make defence, and the proceedings shall be
had as in personal actions for the recovery of
debts: Provided, That no judgment rendered
in such scire iacias, shall warrant the issuing an
exec ution. except against the building or bull.
dings upon which the lien existed as aforesaid.
Approved: March 2, 1883
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