The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1860-06-14

I mentS nave Dceu eIecteu or put, anu all
person enforcing such lien, may have sue
building erection or Improvement sold ur
der execution, and the purchaser may re
move the same within reasonable tim
thereafter.
s IL. Any person having lien unde
! or by virtue of this act may bring suit t,
enforce the same and to obtain the benefits
thereof, in the District Court of the Count,
wherein the property on which the lien il
attached is situated, without regard to it:
amount.
S -. The pleadings practice, process
and other proceedings in the several Dis
trict Courts, in cases arising under this act
shall be the same as IN ordinary civil ac-
tions and civil proceedings in said Courts,
except as herein otherwise provided. The
petition among other things, shall alledge
the facts necessary for securing lien un-
der this act, aud description of the prop.
erty charged Herewith.
IL. In all suits under this act, the
parties to the contract shall, and all other
persons interested in the matter in contro-
vcrsy, and in the property charged with
the lien may be made parties, but such as
are not made parties shall not be bound by
any such proceedings.
IA. In case of the death Of any of the
parties specified in the Immediately prece-
ding section, whether before or after suit
brought, the executor or administrators of
such deceased party shall be made plaintiff
or defendant, as the case may require, and
it will not be necessary to make the heirs
or DEVICES of such deceased parties to such
suit, and if any of said heirs or devisces
are minors under the age Of twenty one
Years. their guardians shall he made par
ties with them, but if such minors shall
have no guardians, the Court in which the
suit is pending shall appoint guardians od-
htem for them, in the same manner and
under the same rules and regulations as
guardians odEtem are appointed in pro
ceedings for partition Of real estate, and the
jud cement and proceedings Of such Court
in any such suit, shall be as binding ON
such minors as if they were over the age
twenty-one years.
5 Is. The Court shall ascertain by
trial in the usual way, the amount Of in
debtcdness for which such lien is establish
ed, and render Judgment for the same, and
for cost of suit.
5 l6. Judgment by default shall be
rendered against every defendant, who. af
ter being summoned or notified according
10 law, shall not appear and plead, or an
swcr, within the time allowed in ordinary
ciri! actions.
: II. When the debtor has not been scrv-
ed with notice. according to law, and has
not appeared, but has been lawfully mott
fed T., publication, tho indsn,nnt if far the
plaintiff shall be that he recover the amount
If the Indebtedness found to be due, to be
levied out Of the property charged with
he lien therefor, which said property shall
be correctly described in said Judgment.
IA. When the debtor has been serv-
Il with notice according to law, or appears
o the action, the Judgment, if for the plain
if, shall be against such debtor as in or
|inary cases with the addition, that it no
sufficient property Of the debtor can be
und to satisfy such Judgment and costs of
uit, then the residue thereof be levied as !
provided in the next preceding section.
s 10. The execution to be issued shall
,e a special .feri ,tacias. and shall be in
conformity with the Judgment, and such
writ shall be returnable as ordinary eNecu-
ions: and the advertisement. sale and |
conveyance of real and personal estate un-
Ter the same, shall be made as under ordi-
'ary executions.
5 20. All suits under this act shall be /
within ninety days, III case of
and nine months in other |
ases, from the time of filing the account !
n statement as aforesaid, and not after,
nd be prosecuted without unnecessary
clay to final judgment.
S2l. Every person, including all cestuis
ne trust, for whose immediate use. Ell
oyment, or benefit, any building erection
II improvement shall be made, shall be
acnded by the words ''owncr or proprie-
Or thereof, under this act, not excepting
uch as may be minors over the age of
ighteen years or married women.
p. Whenever any Indebtedness,
'hlch is a lien upon any such real estate,
rection, or building or other improvement
hall be paid aud satisfied it shall be the
uty Of the creditor, if required, to 60 be-
,re some officer authorized to take the
acknowledgements of conveyance OF real
state. and acknowledge satisfaction Of said
en.
%. Such satisfaction being acknowl-
dyed aud certified, shall be filed with the
'erk Of the District Court, who shall
lereupon enter satisfaction of such lien
pom the record Of the margin thereof, in
ne same manner as the satisfaction Of
lortgage is entered and shall Ee allowed
,e same fee therefor as is allowed for en-
,ringth satisfaction ola mortgage, to be
aid by the creditor at the same time the
,rvice is performed.
5 "a. Ifany creditor fail, refuse or neg
ct to acknowledge satisfaction as afore-
''u' within ten days after payment, and
es'ect as aforesaid, he shall be liable to
y person injured, to the amount of such
ijury, and for costs of suit.
a. IN case any sub-contractor shall
OF have notified the owner, proprietor hi,
gent or trustee, before FURNISHING tho
,ings aforesaid, or doing work as nrny;5ed
'r in section two but shall furnish to him
ne account, as provided for in section two.
r the statement as provided for in section
lree, ana in all other respects shall com
ly with the provisions Of this act, he shall
ave the benefit of this act, the same as if
g had given such notices, to the extent, and
My to the extent, that such owner or pro-