The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-05-11
CHAPTER XVII.
In 4 ri for The enforcement 0f Mechanics Licng Z


In Irt for The E4fYrcaasBt n Mechanics Lcns But
dHgs. ant So firth. H ne District n Columbia.
Be cpac'oi bg the Senate and H9uss n Representatives.
q The Jutot States u luco1 "a Congress assembled
That any person who shall hereafter by ofany
contract with the owner of any building, with the
agent Of such owner. perform any labor upon fur
furnish any materials engine, machinery, for the
construction OF repairing of such building, shall
upon filing the notice prescribed in section second Of
this act. have lien upon such building and the lot Of
ground upon which the same is situated for such la
Dor done, materials. engine, machinery furnish
ed. when the amount shall exceed twenty dollars.
sc. = AHd o. u I"rthtr enacted lhat any person
wishing avail himself of this whether his clam
he due or not. shall file in the office Of the clerk of
the circuit court for the District Of 'olInha at any
time after the commencement of said building and
within three months after the completion 81 such
building or repairs, hoUce o. ms intention 70
hold lien upon the property declared y TINS act IL
able such lien. for the amount due or to become
due to him. specifically setting forth the amount
claimed Upon his failure do 50, the lien shall be
lost The clerk aforesaid shall file and record such
notice IN q book provided for that purpose.
SIC 3 ARf be II further enacted That such lien thall
cease to exist at the expiration of one year after the
completion Of the building repairs. unless before
that time action TO enforce the same shall have
been commenced IN said circuit court by the person
having suchlien against the owner with whom or with
whose agent the contract made, unless such
claim be not due at the expiration of one year after
such completion. IN which the action shall be
commenced within three months after the same shall
have become due.
SEc. T. Ind be II further enacted That the complaint
Of the plaintiff shall contain brief statement OF the
contract on which the clam Is founded. the amount
due thereon, the time when the notice filed with
the clerk. the time when the building was completed
II u be completed with deserp uon Of the premises
and any other material fctS and shall pray that the
premises may hs Sold and the proceeds Of the sale
! applied TO the discharge ut the lien.
SIC .. And b a. further enacted That the summons
shall he served a. IN other cases. or instead OF ser
wee 10y publication. 70 may hc made by delivering
copy utItoi 70 me person IA Po9scS,9l ~ w =
ises If the defendant shall have sold or disposed g"
the premises before the service OF the summons ue
court shall direct notice Of the proceedings To ne ser
we'd the purchaser or his agent for the premises
| who may thereupun if he desire II, he made party
| defendant IN the action.
SEc Is And D, IL further enacted That the proceed
ms in an action to enforce such lien shall be the
same a. in other actions except a. othStNlSt PROV
ded in this act and il judgment he reh9eIeH Iot .ile
plaintiff he may have execution issuea 'gNils' luS
| PREMISES and thereupon the mars hall shall proceed
| as upon other executions upon real property.
/ SIC Z And be Il frttU cancteL That the hens ere
t3 m pursuance Of the provisions Of this act shall
have precedence over all other liens OF ncumbrances
which attached upon the premises SUBSEQUENT TO the
time at which said notice was gwen. II, upon sale
~ ths nrenses on execution, the proceeds be insult
tcent 10 pay all such liens the court shall order them
dpp ta each and any other property Of the denfen.
dont not exempt nom execution may be sold to salts
fy such execution. 49,.
lc ON any land lying outside the corporate limits o
washington city and Georgetown, the land upon
who'll The same Is erected together with the space
around the same. not exceeding five hundred satsrt
Gt clear of the building, shall also be subject to the
od lien if the said land. at the time Of the erectior
or repair of such building shall have been the pro
nsrtV of the person contracting for the erection oi
repair Of the same. lfthe building be in Washington
rify or Georgetown, the ground on which the same l.
erected and a space Of ground equal 70 the frout
! he building and extending to the depth of the lo
ar lots on which is erected shall also be bound 10y
tbe said lien subject 10 the foregoing provlso.
80 Q And BE- II further enacted That all or any nun
, | ber Of persons. having liens on the same building
pursuant the provisions Of this act JOIN IN on'
artioo hut their claims shall Dee stated distinctly !,
a separate action, and the Judgment shall show th,
amounts 10 WHICH they are spnUtryly ,1tr,Hd. /
severa such actions be brought by differ nj claimants
and be pending at the same time the eour; may orde
| them 70 be consolidated