Herald of the times, and Rhode Islander. [volume] (Newport, R.I.) 1846-1849, 1847-02-18

gage, attachment, or any. other Conveyance
thereof, or Of any part thereof on record !;
also then and there 10 appear aud show cause
II any they have, why SAID lien should not br
allowed and enlorced by SAID court for the
amount claimed. The said citation shall
contain the substance Of said pcliion. aud
shall be served on said por,es by a sheriff or
deputy sherif, ot least ten days before the
sitting Of such court. by leaving m attestcd
coDy at the last and usual place Of abode OF
each of the persons To be cited, or by read
ing the same IN their presence and hearing u
they reside in this State. Otherwise By pub
lshng notice thereof in some nc wspaper
printed in this State for at least three times.
Sec. 10. II more than one such petition
be filed against the same, or any part Of The
same property, like proceedings shall be had
On each, aud each petitioner shall give sure
~ Tor costs, unless he himself be an nhabl
rant Of The State ; but all such petitions a
ganst The same or any part of the same
property, shall be- consolidated. after the re-
turns OF the citations, and shall proceed as
one suit. The costs Of the proceedings shall
IN every instance be within the discretion of
The court, both as between petitioners and a.
between each one of them and the respon
dent. In case n petition shall be fled against
any corporation, it shall te filed in the coun.
~ ~ which an action against such corpora
ton is required to be- commenced.
Sec. II. II shall be the right Of a respon.
dent Ia any such petition, and Of every per
son claiming to have q lien by virtue Of this
act, on the property described there IN or any
par, thereof, and of every person claiming an
interest therein by mortgage, attachment or
otherwise, to contest. as well the right Of the
petitioner, and of all others claiming a lien
under tins act, to SAID property or any part
thereof, To my such lien, as well as the
amount thereof; all which questions when
any matter Of fact is involved IN them, shall be
tired by a jury at the instance OF any party.
Sec. IL. lfit shall appear to SAID court by
default, conies ssion or on trial, that the pctl'
toner, or any other person. party TO the pro-
ceedlngs, claiming 10 have lien on said
property or, any part thereof, by virtue OF this
act, had any legal claim against the same
at the time Of filing sad petition, or OF be-
coming party to The proceedings. said court
shuII by themselves ~ by master to be by
them appointed for that purpose, proceed ioI
ascertain The exact nature and amount OF each
claim on said property, or any part thereof,
made by or belonging 10 any person party toI
The said proceedings, aud the order IN which !
according to equity and good conscience they
should be paid out Of said property, and how
much of SAID property, aud especially how
much, If any, md what portions of land under
aud adjoining the same, subject to sale by
the provisions of the act, should be sold tot
satisfy said claims and thereupon SAID court
shall decree the said property, or some part
Of II, or the interest of the person respondent
,,.h Tt-nt
time the lien accrued, to be sold by and un,
der the direction of a master to be appointed
Tor that purpose, with such instructions, re-
strlcllons aud conditions as they shall give nj
the premises, regarding therein the interest
of the owner and his general creditors, and
the proceeds of such sale, after payment oi
such costs aud incidental charges as shall BE-
allowed by the court, shall be applied by said
MASTER according TO his instructions, to the
payment of the claims as marshaIlcd and IS
cetalncd, and the balance, # any, which
shall remain after payment thereof, shat D"
paid over by the master To the owner o' W.
property sold The court may, IN their dis
creIlon, require of such master bond or bonds |
with surety or suretles, in such sun, and L.
such person or persons AS they may direct
securing the faithful application OF the pro
ceeds OF sale, and may from time to time re
move any such master on account of nny non
compliance with their order or decree, and
appoint q new master in his stead.
Sec. l3. All steam engines in all their
parts, and all boilers, kettles, or vats mnde OF
non, copper, wood, or other materials, whcth.
or set in brick or stone, or not so set; and oil
water wheels, gearing and shailing, IN any
mil or building, aud there used or intended
to be- used all copper plpcs, cocks, or cave
troughs made OF copper. or other metal al
,ached, to any mill or other building shall tor
all the purposes Of this act be considered
and treated as parts of such mill or other
building.
Sec. ii. The word land as used in tb'
first, second, third, ninth and twelfth section
Of this act, shall be construed to include s.
much Of the land and its appur'enances. un
der and adjoining such building, canal, turn
pike, railroad aud other improvement, belong.
ing TO the owner OF said building, canal, turn
pike, railroad and other Improve ul mt, as the
person erecting, constructing or repairing the
same, and furnishing materials as aforesaid
for such erection, construction or reparatlon,
may choose to describe in his commence
mcnt OF legal process against the same.
Sec. Is Whencverany such building, ca
nal, turnpike, rallroad or other improvement,
shall De subject 10 sale under this act, and
legal process shall be commenced against
he same, any contractor who shall not have
his contract in relation 10 the r.
rcction, construction or repara,ion thereof,
shall thereafter be excused from completing
the same and such contractor shall have his
ien thereon tor the full value of the work
done and materials by him furnished.
Sec, l6 In every decree of sale, the
cour, shall prescribe the notice that shall be-
given OF such sale, and shall also give therein
such instructions and particular directions as
each case may require, and upon application
10 sad court at any time, further instructions
md directions may be given from time to
mc in relation thereto.
Sec. IL. Any person who shall neglect 10
present and prove his claim before any mas
or appointed under this act, within the time
lppoin,cd for so doing, shall not be entllled
o any distribution or dividend, and shall be
lebarred Of all specific claims against SAID
property, unless the court may direct the
same to be sold subject thereto, but his clam
IN the party with whom the contract was
made or at whose request the work was
lone mr. the material furnished, shall not be |