, 1854-07-22

eooSA "A PAAA lOOfs
l certify the foregoing is true copy of
the original act.
C. H. MASON,
Secretary cfAe Territory Of Washington.
Leins ofMechanes and others for Labor and Materials
SEC |. Be IL enacted BY the legislative
Assembly Of the Territory of Washington,
That mechanics and all persons performing
labor or furnishing materials for the con
struction or repair of any building, may
have a lien separately or jointly upon the
building which they may have constructed
or repaired, or upon any building, mill or
other mandatory for which they may have
furnished materials of any description, and
on the interest of the owner in the lot or
land on which it stands, to the extent Of
the value of any labor done, or materials
furnished, or for both, when the amount
shall exceed fifty dollars.
Sec. 2. Any person wishing to acquire
such lien, whether his claim be due or not,
shall file in the recorders Office of the coun-
ty in which such building is situated, at
any time within sixty days after the COM
pletion Of such building or repairs, n notice
Of his intention to hold lien upon such
building for the amount due or to become
due, specially setting forth such amount,
and containing description OF the build
ing upon which the labor was performed, |
or for which the materials were furnished;
which notice shall be recorded by the Aud
itor in book to be kept for that purpose
Sec. 3. Any sub-contractor, Journey
man or laborer employed in the constuc-
tion or repair or furnishing materials for
any building, may give to the owner there
of notice in writing, particularly setting
forth the amount of his claim and service
rendered for which his employer is indebted
to him, and that he holds the owner re-
sponsible for the same and the owner
shall be liable for such claim, but not to
exceed the amount due from him to the
employer at the time of notice, which may
be recovered in on action.
Sec. 4. Any person having such lien,
may enforce the same by filing his com
plant in the district court Of the county
where the work was done, or materials
furnished, at any time withh one year
from-the completion of the work or furnish
ing materials or if credit be given, from
the expiration Of the credit.
Sec. 5. In such actions, all persons
whose liens are recorded, as herein prov-
ded, may be made parties, and all or any
number may join in one action, stating
their claims distinctly, and issues shall be
made up, aud trials had as in other cases
and the court may, by the Judgment, direct
a sale Of the defendants interest in the lot
or land (if he have any such saleable inter-
est and building for the satisfaction of the
lien or liens and costs such sale to be
under and by virtue of an execution, and
without prejudice to the rights of any prior
incumbrance, owner or other persons not
paaties to the action. If the defendant or
defendants in such action be not entitled
to such interest in the lot or land on which
such building is erected, as is liable to sale
under execution, then the purchaser at the
sale herein provided for, shall be entitled
to remove from the premises such properly
so sold by execution and purchased. If
feveral such actions be brought by differ
ent claimants, and be pending at the same
time, the court may order them to be con-
solidated.
Sec. 8. If the proceeds of the sale be
insufficient to pay all the claimants, then
the court shall order them to be paid in
proportion to the amount due each, and
any other property Of the owner of the
building may be taken and sold on execu-
ton to satisfy the same.
Sec. I. In all proceedings to enforce
leins, the defendant may file bond with
surety to be approved by the court, to the
effect that he will pay the judgments that
may be recovered, and costs, and thereby
release his property from the liens hereby
created.
Sec. 8. Whenever any person having
lien, by virtue Of the provisions of this
act; shall have received satisfaction for his
claim and the costs of his proceedings
thereon, he shall, upon the request of any
person interested, and upon the payment or
tender of the costs of entering satisfaction,
within six days after such payment or
tender, enter satisfaction of his demand in
the Office where the same is recorded and
upon failure to do so, he shall forfeit fifty
dollars to the party agrieved, and all
damages which he may have sustained in
consequence Of such failure or neglect.