Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-02-01
MECHANICe' MEETING TO.
NIGHT.
Operatives TO he protected.
A BILL no PROTECT MECHANICS.

] glAAAAlAF EAELNL0A vi AANAWH AAANAAA Na'
4 upon the land belonging TO such owne
: or proprietor, on which the same are sit
uated, 60 the extent of one acre; or, |
: such building, erection or improvement
Q be upon any lot of land, Ia any town
city or village, her such lien sh0l
e be upon such building, erection or i'm
provements, and the lot or and upOI
which the same ere situated, to secure
the payment for such work OrlsbOr done
or materials, fixtures, engine, boiler, Of
machinery furnished as aforesaid.
2 Sec. 2. Be IL further enacted, That tbs
a entire land, TO the extent aforesaid, upot
!, which any such building, erection OF
: Improvement ave situated, including, ai
well, that part OF said land which Is moi
: covered with any such building, erection
! or other improvement, es that part
thereof, which is covered with the same
shall be subject to sil liens created by
this chapter, TO the extent, and only 81
the extent, of all the right, title ana ~.
terest owned therein, by the owner 81
proprietor of such building, erection OF
!, Improvement, for whose immediate use
or benefit the labor was done, or things
were furnished.
Sec. 3. Be ii further enacted, That the
lien for the things n ioresaid, or work,
shall attach to the building, erection or
Improvement, for which they were fur
nished, or the work was done, in prefer
ence to any prior lien, or incumbrance, or
mortgage upon the lane upon which
said buildings, erections improvements,
or machinery, have been erected or
put; and any person enforcing such lien,
may have such buildings, ereetiOns, or
other improvements, sold under exeeu-
ton, and the purchaser may remove the
same after a reasonable time thereafter.
Sec. / BE 10 further enacted, That
every building, Dr. other Improvement,
erected, or materials furnished, according
to the provisions OF this chapter, on
leased lots or lands, shall be held for the
debt contracted for, or on account Of the
same, and also the leasehold term for
such lot aud land on which the same Is
erected and in case the lessee shall nave
forfeited his lease, the purchaser Of the
building and leasshOld term, or 80 much
thereof as remains uueXpired, under the
provisions Of this chapter, shall be hsld
t. be the assignees Of such leasebOld
term and IS such, shall be entitled to
pay up to the lessor, all arrears of rent,
or other money, interest aud costs due
under said lease, unless The lessor shall
have Tegained possession Of the leasehOld
land, or obtained judgment for the pos
/ sessisn thereon, IN account OF the n0n
compliance by the lessee, with the terms
Of tEe lease, prior to the commencement
OF the improvements thereon; ia which
case, the purchaser Of the Improvements
under this chapter, shall have tho right
only to remove the Improvements within
sixty days after he shall have purchased
the same, aud the owner OF the ground
shall have received The rent due hiIa,
payable out al the proceeds OF the sale,
a. ~ - H. . a. ill.,
Of removing the building.
Sec. 5 Be L further enacted, That it
shall to the duty Of every original con
tractor, within six months, and every
~iourneynnan and day lsboFer, withis
thirty days, and every oihsf person seek
ing to obtain the benefit OF the pFOvls-
ions OF this chapter, within four months
after the Indebtedness shall have &C
oTued, to file with the clerk Of the Cir.
emit or Municipal Court OF the proper
county, a just and true ACCOUNT Of the
demand dus him or them, after all Just
credits have been given, which is to he q
lien upon such building, or other i'm
provements, and a true description OF
the property, or so near IS to identify
! tho sGtae, upon WHICH the lien Is Intended
to apply, with the name OF the owner or
contractor, or both, If known to the per
J SUI AAAhk kAC ~ HAeAA oAAAAAH ~ Gil
eases, be verified by the oath OF himself,
or some credible person for him.
Sec. @. Be IL further enacted, That It
: sns,, - the duty of the clerk of the
Court wherein 8 len shall b fiPdl
to Indorse upon every acoouat, the
date of lis filing, and make an ab
sJract thereof, in a book by him 10
be kept for that purpose, and properly
inlorsed and indeZed, containing the
date Of it's filing, the name of the person
seeking TO enforce the lien, the amount
| claimed, the name Of the person against
whogs property the lien is fled, ard q
! description Of The property charged with
the samc, for all which, the CLERK shall
receive, as full compensation, the sum of
enc dollar, from the person fling the
account, or seeking to enforce the lien,
which shall be taxed ald collected IS
other costs, in case there should be an
action brought thereon.
Sec. Z. Be II further enacted, That !ha
/ lien for work snd materials as aforesaid,
shall be preferred to all other incum
brauoes which may be attached "a, or
upon such buildings, bridges or Other
improvements, or the ground, or either
of them, subsequent TO the commence
ment Of such buildings or improve
melts.
See s. Be 4 further enacted, That the
plesdings, practice, process, and other
proceedings, in cases arising unSer this
chapter. shall be the AM in ordinary
civil proceedings and actions in said
jurt, as herein otherwise provided.
The petition, among other things, shall
slIege the facts necessary for securing a
lien under this chapter, aud a descrip-
ton OF the property charged herewith
g.. n d. EgfE-a -a4og1T That -
all suits under this chapter, the parties 10
the contract shall notify all persons in
Usrested Ia the matter, in Controversy,
and in the property charged with the
lien, may be made p~art'es; but, such 6
isre not made parties to the suit, shall not
be bound by any such proceedings.
} Sec, 10. Be IL further enacted, That IN
case OF the death of any Of the parties
specified In the Immediately preceding
!sectjon, whether before or sfJer suit
brought, the executor or administratoT
,of such deceased party, shall be made
plaintiff or defendant, rs the ease may
require and it shall not be Necessary to
the heirs or divisees of such de
persons, parties TO said suit but
if there is no executor OF administrator
Of such deceased person, then his heirs
or deyisees may 90 made parties to said
slatB alu ~ E1E ~ 6AAl ANAAE u 1N I
are minors, under the age Of twenty u
years, their guardians shall be made
parties with them but if such minors
shall have no guardians, the Court In
which the suit is pending, shall appoint
guardians {" ad Item for them, in the
same amer, and under the same rules
and regulations as gusrdians % dd htemp
are appointed ia 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 oil
such minors as if they were over the age
OF twenty-oue years.
Sec. II. Be IT, further enacted, That the
Court shall ascertain, by a fair trial, in the
usual way, the amount Of the Indebt-
edness for which the lien is prosecuted,
aud may render judgment therefor, in
any amount not exceeding the amount
claimed In the demand fled with the
lien, together with interests and costs,
although the creditor may rave ninten-
tionRlly failed to enter the full amounts
of credits, in his account flied, 20 which
the debtor may be entitled.
Sec. IL. Be IL further enacted, That
Judgment by default shall be rendered
against every defendant, who, after being
summoned or notified, according 10 law,
shall not sppesr and plead or answer
within the time allowed by law, in or
dinsfy civil actions.
Sec. Is Be it further enacted, That
when the debtor has not been served
with summons according tolaw, and has
not appeared, but has been lawfully
notified by publication, the Judgment, II
for plaintiff, shall be, that he recover the
amount of the indebtedness found to be
due and costs of suit, to be levied out Of
the property charged with the lien there
for, which said property shall be properly
described in said Judgment.
Sec, IA. Be it further eRdctSd, That
when the debtor has been summoned
according to Law, and sppearH to the
action without service, the judgment, if
for the plaintiff, shall be against such
debtor, as in ordinary cases, with the
addition, that, If no s1nlcIent property of
the debtor can be found to satisfy such
judgment, and cost of suit, then the
residue thsreof be levied, as provided in