The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1859-02-04

LAws oF rAE LIFTED srATEs.

NLiAitNtA1tt
buildings, and 50 forth, in the Distct Of Columbia
BE aaaf by dc Seaas aAd Ho4se ~ lspre4aaa4i,es u
Ae UaAa 8ass 81 4faeEa Cssyress assembled That any
person who shall hereafter, BY yirtue al any contract
With the ownsr Of amy building with the agent 81 such
owner perform any labor upon furnish any uuatias
engine machinery iar the construction or reparng f
such building, shall upon filing the notice prescribed in
section second Of tins ACT have lien upon such building
and The lot Of ground upon which the Is situated
ior such labor DONE materials engine or machinery
furnished, when the amount shall exceed twenty dol
lars
SEXTON And D. 4 further saaclsa, That any person
wishing 10 avail himself Of this ~. whether his claim he
due not, sla ole in the ofce Of the clerk OF the cir
cult coart for the District OF Columbia ut any time after
the OF the said building and within three
months after the completion Of such building or repairs
notice Of his nteEtiOn 10 hold lien upon the property
declared by This act liable 10 such lien for the amount
due On % become due Go him. specifically setting forth
the amount claimed Upon his failure 10 40 SO the lien
shall be lost The clerk aforesaid shall file and record
such notice in a book provided for that purpose
SEcTIoE Ind b. further saaesa That such lien shall
cease 10 exist at the expiration of year after the
peton Of the building repairs unless before that time
action 10 enforce the shall have been commenced
in the said circuit court by the person having such lien
against the owner with whom with whose agent the
contract made unless such claim be due the
expiration Of year after such completion in which
the action shall be commenced within three months
after the same shall have become due.
sEcnoS 4 4nd Be further enacted That the complaint
Of the plaintiff shall contain brief statement OF the CON
tfAet On which the calm rs founded, the amount due
thereon, the time when the notice filed with the
clerk the time when the building was completed II II
be completed with description Of the premises and any
Other material facts and shall pray that the premises
be sold and the proceeds Of the sale applied 20 the
discharge of the lien
SECTION s. And BE- sytler enacted That the summons
shall be served as Ia other cases instead of service by
publication il may be Inade by delivering copy thereof
TO the person ia possession OF the premises Ii the de-
PENDANT shall have sold disposed of the premises before
the service of the summons the shall direct notice
of the proceedings 10 be served the purchaser OF his
agent for the premises who may therenpon ii ne desire
il, be made party defendant ia the action
SECTION g. And further enacted That the proceed
ings ia action 10 enforce such lien shall be the same
ia other actions except otherwise provided in this
act and judgment be rendered for the plainiih he
may have execution issued against the premises and
thereupun the marshal shall proceed az upon other exc
/ cutons upon real property.
SECTION J And be il further enacted That the liens
created Ia pursuance Of the provisions Of this shall
have precedence all other liens on ncumbrances
which attached upon the premises subsequent 70 the time
M which said notice given IL upon sale of the
premises ON execution, the proceeds be insufficient paw
all such hens, the court shall order them to be paid ia
proportion 60 the amount respectively due to each
and any other property OF the defendant exempt
from execution may be sold to satisfy suoh execution
SLcrIos And be further earetrd That ii the building
be any land lying outside the corporate limits u
Washington city and Georgetown, the land upon which
the Is erected together with the space around
e not exceeding five hundred square feet clear of the
building shall Also be subject to the said lien the said
land at the time OF the erection repair Of such build
ing shall have heen the property of the person contract
ing for the erection repair Of the II the bud
ing be ia Washington city Georgetown, the ground
on which the same Is erected, and space OF ground
equal 60 the front OF the building and extending to the
depth the lot let's which it is erected shall
also be bound by the said len subject to the foregoing
proyiso.
SEsmas g. And be Il further enacted That all or any
number persons having liens the same building
pursuant TO the provisions OF this act may Join in
action but their claims shall be stated distinctly ms In
separate action and the Judgment shall show the
70 which they respectively entitled If several snch
actions be brought by different claimants and be pend
ing at the time the court may order them to be
consolidated
SEC 10 Ind BE- Il further suzctea That whenever auv
person having lien by vrtne the provisions Of this
shall have received satisfaction his claim and the
cost OF his proceedings thereon, he shall upon the
quest Of any person interested and upon the payment or
tender of the of entering satisfaction within SIX
days after such payment tender enter satisfaction Of
his demand in the office Of the clerk aforesaid and upon
failure TO do so he shall forfeit and pay fifty dollars To the
party aggrieyed, and all damages which he may have
sustained in consequence 81 such failure neglect
SECTION IL. ind Dc further enacted That In all pro-
ceelngs, commenced under this act the defendant may
he written undertaking with surety to be approved By
the court TO the effect that he win pay the Judgment that
be recovered and costs and thereby release his
property from the lien hereby created
SKcnos IL. And h further enacted That any person
having possession OF the same, who shall make alter
repair bestow ANY labor amy article Of personal
property at the request Of the lawful posessor
thereof shall have lien such property made al
tered repaired upon which labor has been bestow
ed for his just and reasonable charges for the labor he
has performed and the materials he has furnished and
such may hold and retain possession the same
until such just aud reasonable charges shall be paid but
if possession pass from such person by his consent the
lien shall cease
sEcrox 13 And be tstLer enacted That the provisions
Of section twelve of this shall not interfere with auy
special agreement OF the parties.
SEcri0s IA And BE- further enacted That the act en-
titled An act TO to mechanics and others g..
approved March second, eighteen hundred and thirty
three and all other and parts OF inconsistent
with the provisions Of this act be- and the same are
hereby repealed and this act shall take effect from the
date of its passage