The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1868-05-23
No. 43

/ case of the death of any of the parties speei
| fed in the Immediately preceding section,
! whether before or after suit brought the
! executor or administrator Of such deceased
party shall be made plaintiff OF defendant,
/ as the case may require; and it shall not be
necessary to make the heirs, or degisees OF
\ such deceased persons, parties to said suit
! but ii there be no executor or administrator
/ OF such deceased persons, then their heirs or
I devisees may be made parties to said suit
and if any of said heirs or deyisees arc
minors, under the age of twenty-one years,
then guardians shall be made parties with
/ them, but IT such minors shall have no.
/ guardians the court Ia which the suit IS
/ pending shall appoint guardians Gd Htem for
/ them, IN the same manner and under the
same rules and regulations as guardians ad
/ ttcRz are appointed in proceedings of such
! court for partition of real estate, and the
! judgment and proceedings of such court in
any such suits shall be as binding on such
minors as if they were over the age of
twenty-one years.
Sec. l. BE 1t further enacted, That the
! court shall ascertain, by a fair trial in the
usual way, the amount Of the Indebtedness
| for which the lien is prosecuted, and may
render Judgment thereforin any amount not
exceeding the amount claimed in the de
mand fled with the lien, together with the
interests and costs, although the creditor
sfull amounts of credits, in his account fled,
70 which the debtor may be entitled.
Sec, y. Be 1t further enacted, That
Judgment by default shall be rendered
against every defendant who, after being
Summoned or notified, according to law,
shall not appear and plead or answer within
the time allowed by LAW in ordinary civil ae
tons
Sec Is. Belt further enacied, That when
hoe, 4
mons according to law, and has not appeared,
bat has been lawfully notified bY publica
ton, the Judgment, if for plaintiff. shall be
that he recover the amount Of the indebted
ness found to be due and cost of suit, to be
levied out of the property charged with the
lien therefor, which said property shall be
properly described in such Judgment
Sec IA BE IT further enacted, That when
the debtor has been summoned according to
law, and appears to the action without
service, the Judgment, if for plaintiff shall
be against such debtor as in ordinary cases,
with the addition, that If nc sufficient prop
erty of the debtor can be found to satisfy
such judgment and cost of suit, then the
residue thereof be levied as provided in the
next succeeding section.
Sec. 10 BE II further enacted, That an
execution to be issued shall be a special
teri .taciGS, and shall be In conformity with
the Judgment and such writ shall he return
able as ordinary executions, and the adver-
tisements, sale and conveyance of. real -es-
tate, or personal, under the same, shall be
made as under ordinary executions.
Sec l6. Be IL further eHGcted, That all
actions under this chapter shall be com
menced within ninety days after fling the
lien, and Prosecuted without unnecessary de-
lay, to final judgment, and no lien shall con
tinue to exist BY virtue Of the provisions Of
this chapter for more than ninety days after
the lien shall be filed, unless within that
time an action shall be instituted therein, as
hereinafter prescribed
Sec II. BE 1t further enacted, That
whenever. any debt which is lien upon any
building or other improvement, shall be paid
and satisfied, the creditor, if required, shall
acknowledge such satisfaction upon the
record, or margin thereof in the Office of
the Clerk of the Court where said claim
shall have been entered, for which said clerk
shall be allowed a fee Of twenty-five cents.
Sec 18 Be 1t further enacted, That if
any creditor sefuse to enter satisfaction
within ten days after payment and request
as aforesaid, he shall be liable to any person
injured, to the amount Of such injury and
cost Of suits.
Sec 49, Be At further enacted, That
every person, except the original contractor,
who may wish to avail himself of the bene.
fits of the provisions of this chapter, shall
give ten days notice before the filing Of the
lien, as herein required, to the owner,
owners, or agents, or either of them, that he
or they hold a claim against such building,
or improvements, setting forth the amount,
and from whom the same is due.
Sec % BE 1t further enacted, That IN
all cases where a lien shall be filed under
The provisions Of this charter, by any person
other than a contractor It shall be the duty
Of the contractor to defend any action
brought thereupon, at hIs own expense and,
during the pending Of sudh action, the
owner may withhold from the contractor the
amount of money for witch said lien may be
fled, and in case of Judgment against the
owner, Of his property, upon tue Lien, he
shall be entitled to deduct from any amount
due by him to the contractor, the amount of
such judgment and costs; and If he shall
| have settled with the contractor IN full, shah
be entitled to recover back from the con-
/ tractor any amount so paid by the owner,
for which the. contractor was originally the
! party liable
Sec. 2I. Be Il further enacted, That every
person, including all crestt qae trusts for
! whose Immediate use, enjoyment or benefit,
] any building, erection or improvement shall
/ be made shall be included by the words
owner or proprietor thereof, under
! this chapter, not excepting such as may be
minors, over the age Of eighteen years, or
3
Sec y. Be it further enacted, That tie
/ liens for work and labor DONE or thines
! furnished as specified IN this chapter, shall
/ be upOu an equal footing, without references
TO the date Of fling the account or lien; and
in all cases where a sale shall be ordered
/ and the property sold which may Be
1 described in any account or lien, the pro-
ceeds arising from such sale when not sHfh
clent to discharge, IN full, all the heus
i against the same, without references to the
4 date oI fling the accOunt or lien, shall be
paid pro rata on the respective liens, pro
Uided such account or Zen shall have been
fled, AID suit brought as provided by this
ehaPter
Sec. % BE g further enacted, That any.
keontractor- or sub-eontTactoF, who shall
purchase materials on credit, and represent
at the time Of the purchase, that tie same
are I'd be used IN designated building or
other Improvement, aHf shall thereafter use,
or cause 30 be used, 6he said materials IN
any bDilding er Improvement other than
that designated, with intsnt 20 deirana the
person from whom the materials were so
purchased, shall be deemed guilty Of mis-
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