The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1868-05-23
MECHANICS LIEN Law!
An Act to Protect Mechanics.
Passed by the General Assembly of
Tennessee, February %. 1868.

SECTION l. Be 1t enacted Jy the General
assembly Of the State Of Tennessee, That
/ every architect, mechanic or other persons,
! who shall do or perform any work or labor
| upon, or furnish any materials, fixtures, en-
gines, boilers or machinery, for any building
/ erection or Improvements upon land or f r
/ repairing the same, under or by virtue of
any contract with the owner or proprietor
thereof or sub-eontractor, upon complying
with the provisions Of this chapter, shall
! have for his work, or labor done, or materi-
/ ais, fixtures engine, boiler or machinery
! furnished, lien upon such building, cree
ton or Improvement, and upon the land be-
| longing to such owner or proprietor on
which the same are situated to the extent
of one acre OF, if such building, erection or
improvements be upon any lot of land in
any town, city, or village, then such lien
shall be upon such building, erection or i'm
pFovements, and the lot or land upon which
the same are situated, to secure the payment
for such work or labor done, or to materials,
fixtures, engine, boiler or machinery fur
nshed as aforesaid.
Sec. 2 Be 1t .fitrthe1' enacted, That the
entire Hand, to the extent aforesaid, upon
which any such building, erection or i'm
prOYements are situated, including as well
that,part of said land which is not covered
with any such building, erection or. other
improvements, as that part thereof which is
covered with the same, shall be subject to
all Hens created In this chapter, to the ex-
tent, and only TO the extent, of all the right,
title and interest owned therein by the owner
or proprietor of such building, erection OF
improvements for whose immediate use and
benefit the labor was done, ormaterials were
furnished.
Sec 8. Be 1t further enacted, That the
lien for the materials aforesaid or work,
shall attach to the building, erection or i'm
pr0Yement for which they were furnished or
the work was done in preference to any
prior lien, or encumberance, or mortgage,
upon the land upon which said buildings,
erection or improvements, or machinery
have been erected or putt and any person
enforcing such lien may have such buildings,
erections or other improvements sold under
execution. and the purchaser may remove
the same after, provided nothing in this act
shall affect the rights of vendors, mortgages
or lessons, as they now exist by the law; and
provided also, that the owner Of the soil, or
person having the work done, shall in no
event be liable to subcontractors, employ
ees, or persons furnishing materials or ma
chinery IN costs, or otherwise, for more than
he contracted for with his contractor.
Sec 4 Be at further enacted, That every
building, or improvement, erected, or mate
rial furnished, according to the provisions
of thischapter, on leased lots or lands, shall
be held for the debt contracted or on ac-
count Of the same, and also leasehold term
for such lots and land upon which the same
Is erected and In case the lessee shall have
forfeited his lease, the purchaser of the
building and leasehoId term, or so much
thereof as remains uneXpirsd under the
provision of this chapter, shall be held to be
the assignees of such Ieasehold term, and
as such shall be entitled to pay up to the
lessor all arrears of rent or other monthly
interest and costs due under said lease, an
less the lessor shall have regained possession
Of the leasehold land, or obtained judgment
for the possession thereof, on account of the
noncompliance by the lessee with the terms
of the lease, prior to the announcement of
the improvements thereon in which case
the purchaser of the improvements under
this chapter shall have the right only to re-
move the Improvements within sixty days
after he shall have purchased the same, and
the owner of the ground shall have received
the rent due him payable out of the pro-
ceeds of the sale, according to the term,
down to the time OF removing the building
Sec 5. Be II further enacted, That it
shall be the duty of every original con
tractor, within ninety days after the indebt-
edness shall have accrued, To file with the
Register of the proper county a just and
true account of the demand due him or them,
after all Just credits have been given which
is to be lien upon such building, or other
improvements and true description of the
property or so near as TO identify the same
upon which the lien is intending to apply,
with the name of the owner or contractor,
or both if known to the person filing the lien,
which shall, in all cases, be verified by the
oath of himself, or some credible person for
him; provided that iourneymen and day
laborers, who desire to avail themselves Of
the provisions Of this act, shall within five
days after thirty days from the time they
commence work, or persons furnishing ma
terials or machinery who desire to avail
themselves of the provisions of this act,
shall within FIVE days after thirty days from
the TINE they commenced furnishing mate
rial or machinery, give notice in writing of
such intention to avail themselves Of this
act; and upon such notice being given IN
writing, such journeymen, day iaborers, and
/ persons furnishing materials or machinery
shall be entitled to the benefits Of this act
and provided that nothing in thiseaet shall
/ be construed to prevent giving notices as
now required by law, and in such case the
/ party giving notice as now required by law
/ shall be entitled to the liens now given by
/ law In such cases.
Sec g. Be 1t further enacted, That it
shall be the duty Of the Clerk of the CoaTt
/ wherein lien shall be filed, to ind0rse upon
every account the date of the fling and make
an abs tract thereof In a book by him to be
kept for that purpose and properly indorsed
and indexed, containing the date OF its Sling,
the name of the person seeking. to enforce
the lien, the amount claimed, the name Of
/ the person against whose property the lien
is fled, and a description of the properly
charged with the same, for az Of which the
Clerk shall receive, as full coupensaeion. the
sum Of one dollar, from the person fling
the account or seeking to enforce the lien
which shall be taxed and collected as other
costs, ia case there should be an action
brought thereon
Sec. 2. Be Il firther enacted, That the
! Lien for work and materials, as aforesaid
shall be preferred to all other Fencumbrances
Which may be attached te or upon such
buildings, bridges or other improvements
the ground or either Of them, subseQuenL tC
comueneemeu6 Of such buildings or i'm
I proyements.
Sec. 8. Be II further enacted, That the
pleading practice, process and other pro
eeeding in gases arising under this chapter
shall be the same in ordinary civil proceed
i1gs and actions Ia said court as lIcrei1
otherwise provided The petition. amonl
other things, shall alleee the facts necessary