Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-04-23

AN ACT for the enforcement Of mechanics buildings
and 50 FORTH in the District OF Columbia.

AN ACT for the enforcement Of liens on buildings
and 50 forth, in tie District Of Columbia.
Be enacted blythe eendte and House 81 Representatives Of
The United States AaeTca "a Congress dsseq6tsd, That any
person who sha hereafter BY virtue Of any with the
of buildings OF With the agent Of such perform
any labor upon, furnish materials engine machinery,
f the construction repairing Of such building, SHALL upon
lien such budRg and the lot Of ground upon which the
situated such labor DONE materials engine,
machinery furnished when the amount shall exceed twenty dol
SECS And be Il further eaaete9 That any person wishing
avail himself OF this whether his claim he due not shall
he in the Office Of the clerk ohe circuit court for the District Of
CoumDa any time after the Of build.
ing, within three completion build
ing REPAIRS Eoce Of his intention hold lien upon the
property declared By this act to he liable to such lien for the
amount specifically setting forth
claimed. Upon his failure the lien
The clerk aforesaid shall file and record such notice IL book
Sec. 3. AAd6e further enacted, That such lien shall
to exist at the expiration OF after tho completion Of the
buldngor repairs unless before that enforce
the shall have been commenced in the said circuit court by
the person having such lien against the owner with whom or with
whose the contract made unless such claim be not due
at the expiration OF one year after such completion IN which case
the aeen shall be commenced within three months after tue
Sec And De at Jy4Aer enacted That the complaint Of
the plaintiff shall contain brief statement Of the contract on
which the claim funded the due thereon,
when the notice filed with thecerk the lime when the build
premises and other material fact and shall that the
Sec s. Sad Be Il further enacted That the summons shall be
served as instead Of service publications
be made by delivering copy thereof 70 me person IN pos
posed premises before the service Of tie summons,
court shall Of proceedings be pur
desire it, be made party defendant the action.
See And6e further enacted, That the proceedings in an
enforce such sn shall be the same in other actions
except as otherwise provided in this act and gment ren
plaintiff he may have execution issued against the
premises and the marshal shall proceed other
executions upon real property
the provisions OF tins act shall have precedence
All other liens which attached
subseqent time at which said notice given upon
sale OF the premises on me pocees De insufficient 10
pay such liens, the court shall order paid pro-
portion amount respectively any other
property the defendant exempt from execution, sold
to satisfy execution
any lying outsde the corporate limits Of Washington City
and Georgetown land upon VIII oh the erected together
tn the exceeding
OF the building shall subject the said ien
the ssd Land at the time OF the erection repair Of such building
shall have been property Ct the person contracting for the
erection repair If tie building Washington
Civ or eorreton the grour on VIII ch the erected and
space ground equal the front the buing extending
depth which is shall
bound BY said lien, ect to the foregoing pryyso
persons having the building pursuant pro.
may join in action, their shall
distinctly separate action, and the judgment
shall show the amounts to which they respectively entitled
II several actions he brought by different claimants and be
S dated
Sec TO- And be IL further enacted That whenever any DER
having lien, Of the provisions Of this shall
have received satisfaction his claim, and the Of his
esedng thereon M upon request any person int
upon the tender Of the Of entering
Satisfaction, after such payment tender,
satisfaction Of bis demand m ne oinc OF tue clerk aforesaid and
upon failure he shall forfeit and fifty dollars the
party ageved and all damages which he have sustained in
consequence of such failure or neglect
Sec IL and Be FURTHER enacted, That in all proceedings,
commenced the defendant file
taking surety b. approved the court tie ELECT that
he will pay the judgment that recovered and COSTS and
thereby property from lien hereby created.
~. and be 70 further enacted, That person having
possession who shall make alter repair
labor any article Of personal property, at the Of the
lawful posSessor thereof, shall have lien such pro-
perty made tered repaired, watch labor has been
bestowed and chrges for the labor he
performed materials he has furnished person
hold and possession Of the until just and
person BY his consent, the lien shall cease.
Sec 10. be FURTHER enacted hat the provisions Of
section this shall interfere with special
agreement Of the parties.
Sec IA and De TJa6er enacted, That the
act to secure and Others &C. approved March
second eighteen hundred and thirty three, and all other and
parts with the provisions Of this be and
hereby repealed and this shall from
the date of its passage.
Approved February ,, 1859.