Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-03-07

which account, so made and filed, shall
! be recorded In a separate book to be pro-
vided for that purpose, and shall, from
/ the commencement OF such labor, or
| the furnishing Of such material, and for
| two years after the completion Of such
labor or the furnishing Of such mateIi-
ale, operate as lien on the several de-
scription OF structures and buildings,
and the lots on which they stand, as in
| the first section Of this act named. When
any labor has been done or materials
furnished, AZ provided on q written con-
tract, the contract or q copy thereof
shall be filed with the account herein
required.
Sec. s. Be II further enacted, That ev-
cry person or persons holding such lien
may proceed to obtain judgment for the
amount Of his or their account thereon
and when any suit or suits shall be com
menced on such accounts, within the
time Of such lien, the lien shall continue
until such suit or suits be finally deter
mined and satisfied.
Sec. g. Be Il further enacted, That
when the owner or owners of any house
or building, described in the first section
Of this act, shall suspend its progress or
completion without the consent Of such
laborers, mechanics or furnishers, or il
the progress or completion Of the same
be suspended by the decease Of the own-
er or owners at a stage when, from its
unfinished state, such structure would
90 to wsste, the lRbOrers, mechanics,
and furnishers thereto, or any Of them,
may at their election proceed with the
same at their own expense so far as to
inclose such building, and thereby pre-
vent such waste; provided, the work Sc
done after said suspension shall be ac-
cording to the contract and the plan OF
the owner or owners.
Sec. 10. Be Il further enacted, That il
the person or persons who may erect, as
owner or owners, any building described
in the first section Of this act, be not, at
| the suspension or completion OF the
same, possessed of the legal but equita-
BILE title to the ground on which the
same is erected Gf the same be fixture) 4;
or IL any person or persons in possession
or control of property which belongs to
married women or infants, cause any
| improvements to be made thereon, and
the fact Of such defect of title be made
| to appear to the court before whom any
judgment or judgments under this act
may have been obtained; or il the same
be returned by any legal officer, to
whom any execution under this act shall
be directed, in either case the court shall
direct the officer who has returned, or
who is authorized by law to serve s1ch
execution, to rent or lease such building
or buildings until the rents and issues
thereof shall pay and satisfy the several
liens on which judgments may be had
against the same, or il the interests OF
such married women or infants, require
IL, the court may order the buildings or
| improvements to be removed from the
lot or lands Of such married women or
minors, and then sold to satisfy said
leins; Provided, this law shall not be so
construed as to interfere with prior bona
fde liens on grounds on which such
building or buildings shall be erected (ii
q fiXture).
Sec. IL. Be 1t further enacted, That in
all other cases of judgment or judgments
obtained in favor of any lien-holder or
holders, if the property, bound by such
lien, will not sell on execution, as pro.
vided by law in other cases, having
been once duly offered, the court may
direct the officer aforesaid to lease the
same in the manner and for the purpose
pointed out in the preceding section
and the officer giving such lease or
leases shall therein require the payment
to be made to him or to his successors in
office, which successor or successors
shall have the same power and perform
the same duties therein as the maker oi
| the lease or leases should or could do;
and in cases where the money may be
collected by said officer, on lease or
leases made under this act, it shall be
his duty forthwith to pay the same into
court, where the judgment or judgments
were obtained, which money shall be
distributed to the several lien-hOlders
interested in said judgments in proper
ton to their demands.
| Sec. u. Be 1t further enacted, That
all liens may be discharged by the pay
ment OF judgment or debt, with all le-
gal costs, before the property on which
such liens attach be sold or leased un.
der this act; and if any lien-holder OF
holders, after the same is duly rendered
to Linn or them, shall proceed at law ol
shall refuse to give full discharge from
such lien then such lien-holder or hold
ers shall forfeit all lien and pay all
costs.
Sec. I3. Be it further enacted, That
/ il the owner or owners of property
which is subject to lien under this act
be without the reach of process or resi-.
dent without the State, any lien-holdel
or holders may proceed by attachment
against the same as in other cases; and
the court before whom the same attach
ment is pending, on the entry Of judg-
ment on return OF the proper officer,
shall have the same power to order
lease or leases as is given in the tenth
and eleventh sections of this act.
Sec. IA. Be it further enacted, That
executors and administrators under this
act shall have the same rights and be
subject to the same liabilities that their
testator or intestate would or might have
il living.
Sec. Is. Be it further enacted, That
the registers Of deeds shall be paid the
same fees for filing and recording con-
tracts and accounts under this act a.
they are legally entitled to in othel
cases.
Sec. Is. Be 1t further enacted, That
each and every person in favor OF whom
any such lien has existed, after receiving
satisfaction of his or their debt, or after
final judgment against him or them by
q competent court, showing that moth
ing is due by reason of such claim, shall
at the request OF any person interested
in the property on which the same was
lien, or who is interested in having the
lien removed, or OF his or their legal rep.
resentstives, lodge certificate with said
register that said debt is satisfied anC
said lien removed, which certificate
shall be filed and registered by the reg
lister on the margin or across
the face OF the record of saiC
lien; and when so registered it shall for.
ever discharge and release said lien; anC
if such person or persons having re-
ceived such satisfaction as aforesaid, by
himself or attorney, or judgment hsv'
ing been rendered him as aforesaid, shAl
not, within ten days after request IL
writing, lodge a notice in writing witt
the register, as is prescribed in this sec
ton, he or they neglecting or refusing 81
to do, shall forfeit and pay to the party
or parties so Rggrieved any sum o
money not exceeding one-hRlf the deb
claimed as q lien on such property, &C
cording TO the circumstances Of the case
to be recovered in an action of debt; anC
the party lodging such certificate shal
pay the register a fee Of twenty-five
cents for recording the same.
Sec. IL. Be tt further enacted, Tha
section 1881 Of the code of Tennessee
and the act Of 1S59-60 amendator!
thereof, together with sections 1882
1888, 1884, 1885, 1885, 1887, 1885, l9S'
and 1880 OF the code of Tennessee, to
gether with the amendments to tn
same, be and the same are hereby re
pealed.
THE JURY BILL,
that is, the bill taxing the losing part,