, 1859-08-19
Laws of the United States.
By AUTHORITY.


CHArT. XVI.
An Act for the Enforcoment Of Mechanios Liens on
BaidlngS, and % lorih N the District Of Columbia
Be q eaarsi D. The Seaafs and HOuss Of Rrprsssa-
iafirsI qf ~ UHisd Siafcs Of Amcrca N C0agrrsi
a.,enhsas thAt any person who shall hereafter, BY
vrtne q any contract with The owner of any building,
~ viii he agent q such owner perform any labor
nPon Or furnish any mate.ials, engine, machinery,
tor the eonsiruetion or repairing OF such building
shall, upon hling the uOtioe prescribed 10 section sec
old q his act, have lien upon such bultrg and the
lot of ground upon which the sane i situated. for
such labor done, OF materials, engine or machinery
iarnished, whea the amount shall exceed tHeny dol
hn.
Sss. Z. Aad D. u further snarted, That any per.
aoa wishing 70 avail himself Of this act. whether his
claim Be- doe % not shall hle In tie once Of the clerk
Of the circuit for the District of Columbia At any time
aer Tie commencement Of the aid building and with
IN tHoe months amer the completion Of such building
or repairs notice AZ his intention 10 hold lien upoa
The properly declared BY this at liable TO such en
ally seifing forth The amount claimed Upon his ia
uFe 70 do 20, the lieu shall be Lost The clerk aiore-
aid shall Ole and record such notice In book prUvi-
ded for that purpose.
Sec. ). lnd bs e fartIrr saacitd. That saeh lien
shall cease 10 Cxist At the expiration Of year aer
he completion Of the buding repair, anless be-
ols thai time, an actlon 70 enioree the same shall
have been commenced IN The said circuit court by the
person having such lien against tl1owner with Eaom
or with whose agent the contract was made, unles
unch claim BE- not doe at The expiration Of one rear
ater auch competion, In which case the action shall
y commenced within three months afier the same
shall have become due.
Sec. 4 And o. L further snaeied, That the com.
plant Of the plaintiff shall contain brief statement
of The contract on which the claim is founded, the
amouut due thereon, the time When the notice was
dled viii he clerk, the time Wheu the building Was
eonpleied, n Il Be completed, with description Of
tie pemises and any other material facts, and shall
pay that the premises may Be s0d and the proceeds
of The sale applied 70 the discharge OF The lien.
Sec. 5. And b n further saoeied, That The sun
mons shall Be served In other cases, or. instead Of
service by publcafion Il may be made by delivering
cory tbefeof % the person IN possession Of the prem
ila -irthe defendant shall have sold or dispnsed Of
ths premises before the service Of the summons the
court shall dFect notice Of The proceedings 10 be serv
Cd On The purchaser, bic agent for the premises
who may thereupon, II be desire IT, be made party
defendant In the action.
. Sec 9. Ind Be- if farfhs sn0cfed, That the pro
eeedings in an action 70 enforce such lieu shall bs the
same q In other actions except as otherwise proyi
eed In this act and f Judgment be rendered for the
plaintiff, be may have execution issued agenst the
premises, and therupon The marshal shall proceed a.
upon other executions upon real property.
Sec. I. and Be- if further sascfsd, That the liens
ersatcd In pursuance Of the provisions Of this act shall
have precedence over all other liens or incumbances
which attached gpou The premises subsequent TO the
Of the premises execution. the proeeeda be insu.
cout 10 pay all such liens the court shall order them
% b paid In proportion 70 the amount respectively
due 70 each and any other property Of The defendant
- -.e-- N-N~-s~~ ~ y a1Au " bAl9iy
Sec 8. And b L further snaetsd, That II the
eaiding be On any land lying outside the corporate
limits Of Washington city aAd Georretovn tha land
upon which ne same 4 erected, tsrcther with ne
space around the SINE, not exceeding five hundred
square feet clear Of the buildng shall also be subject
. ne said Hen Il the seid land. at the time Of The
erection OF repair Of such building. shall have been
he properly q Tie peron contracting for Tie erection
or repair Of the same. II the building be 10 Washing
1on eiy or GeorBetoUn, the ground on which the
same b erected, and spice Of ground equal 70 the
ifont o. the building and extending 70 tho depth Of
The lot lots which Il is erected, shall also Be
bound BY the said lien, subject 10 the foregoing pro
Sea. .. And bs Il further enacted. That all mr. snv
number Of persons, having liens the same balding
pursuant 70 the provisions Of this act may oln In ore
action, bat their Claims shall be stated distinctly Is In
aseparats action. and tbe judgment shah show The
amounts % which they respectively entitled II
several such actions be brought By dofent claimants
and be pending q the sane time, the court may order
them to Be consolidated.
Sec, To- And b if further enacted, That whenever
any person having hen By virtue Of the proyiIions
q this act, shall have received satisfaction for his
elaim. and the cost Of bis proceedings thereon, be
shall, npon The request Of any person Interested, and
upon the payment or tender Of the cost Of entering
latisiaeton, within six days after such payment OF
tender. enter saiisaoton Of bis demand In the ohee
Of the clerk aiaresad; and upon failure 10 do 20 he
sna ioret and pay hfy dollars 70 the party agrieved
and AL damages which he may have sustained In con
sequence Of such failure or neglect.
Sec. II. And Be if further enacted, That in ali
prpeeedinga commenced under this act the defendant
may nle written undeItakng, with surety to be ap.
proved By TIE court to the eject that he will pay the
Judgment that may be recovered and costs and there
by release bis property from the lieu hereby eea'ed
See u. And be u further enacted, That any per
son, having possession Of the same, who shall make
alter, repair or bestow any labor on any article O
personal property, Al the request Of the owner or law
fol Possessor thereof, shall have lieu on such prop
erty 50 made, altered repairJd. or upon which Ia
bor has been bestowed, for his iust and reasonable
charges for the labor he has performed and the mate
raa be has Furnished and saeh person may hold and
retain possession Of the until such Just and rea
sonable charges shall be paid but II possession pass
nom such person BY his consent the lien shall cease
Sec. l9. And b t further enacted, That the pro
visions Of section twelve Of this act shall not interfere
With any special agreement Of the parties.
Sec IL And be n further enacted That We act
entitled An act TO secure to mechanics and Others
&c, approved March second, eighteen hundred and
thiyhTee and all other acts and parts Of acts incop-
sateht with the provisions Of this act be and the same
are hereby repealed, and this act shall take effect
nnrnIe ehn afa at ffu