Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-07-14
MECHANICS. LIENS.


he LIENS TO HAVE PRIORITY OVER OTHER CLAIMS
MEN WHO FURNISH NEUTRALITY-SUSPICIOUS. TO KEEL
POSSESSION OF ARTICLES REPAIRED UNTIL THEIR
1 CHARGES ARE PAID, &C.
The act approved July ., 1884, 'to amend chapter
y OF the Revised Statutes relating 10 the District
! o. Columbia, concerning mechanics liens" makes
some important changes in the law in favor OF thu
! contractor, mechanic, and materia-man- The fol-
! .O''lIg is the text OF the new law:
That every building hereafter erected or REPAIRED
Uy the owner Or lis agent i'll the District OF Column
b. and t4e lot or .ots Of ground OF the owner upon
"hch Tie same Is being erected or repaired SHAH
Ia subject 10 lien IN lavur OF the contractor SUBJ
contractor malerial-nl4n JournFyman and lIb0rer.
respectively. for the payment for work or materials
| contracted for or furnished for or about the erec
tiDu, CONSTRUCTION. Or repairing OF SUCH building
! dAd also for any engine machinery, or other thing
AGED III said building or connected Herewith So
10 10 lie TX ure: IfOrided, That The person claim
lag the lien shall tle the notice prescribed in the
second section OF this act: PIOctded further, That
! the said lien shall lot exceed or be enforced for
-:eaJer sum than the amount OF the original con-
tract for the erection Or repair OF said building or
buildings
| SEC. That any person wishing to avail himself
Oh the provisions OF this act, whether his Claim be
due not. Shl file In the Office OF the clerk OF the
! supreme Court OF the District OF Coiumbia during
| the construction or within three months after the
C0;EpetOn oi such building or repairs. OF the plac-
iug therein or adjacent thereto OF any engine ma
L.llnery other thing Aforesaid, notice OF his
Intention TO hold a lien upon the property clared
ty this act .ab.e 10 sucn lien for the amount due
OF TO become due 10 him, specifically setting forth
( the amount claimed The clerk aforesaid snail file
ana record such notice in book provided Tor that
| purpose
SEC 3 That the lien hereby given shall be pre-
Irfed 10 ali judgments, mortg ges, deeds OF trust,
hens ana membranes which attach upon the said
building or the ground aforesaid subsequent to the
commencement OF work on said building, and all
| incuHo.dDceS and liep5 (oti,cr than those which
attached thereto prior TO tie commencement OF
said building or pairs which by the laws OF this
al
pOned 10 said liens unless recorded prior to the COM
| nenccinent OF said building or repairs.
sec. f. That when owner OF lands contracts
with builder for the sale OF lots and the erection
or buildings thereon, aid agrees TO advance mon
eys toward the erection OF such buildings, The el:
hereinoerOre authorized Shall have priority TO all
advances made after The Ming OF said notices OF
lien. and the lien shall attach TO the right, tile AM
interest OF :he owner in Sad building and land TO
the extent OF all advances which shall have be-
Come due after the hing OF such notice Of such
Itn. and shall also attach to and he lien on the
right. jtie and Interest OF the person agreeing
purchase said land at the time Of the flung Of
said notices OF lien. When building shall be
erected Or repaired by lessee tenant for life or
year. OF a person having an equitable estate or
Interest In such build 6 or the land on which IL
stands. the lien created by this act shall only ex-
tend 10 and cover the Interest or estate OF such les
see. tenant or equitable oWIcr.
sec. B. That ;he proceedings to enforce the lien
created by his act Snail be- By bill IN equity, which
shall contain Il brief SIdltiIent OF the contract on
which The CLAIM is founded, the amount due there
on. The time when The notice WAS Tiled with the
this act, The time when the building Was COM
pletcd. with description OF the premises, and any
0tner material Iacls and all rsons who are inter-
ested III the premises. so far a. they arc known,
shall be plade parties cCmplainantS or defendants;
and said bill shall pray tina, the premises MY he
sold and the proceeds Uf the sale applied 10 Tie dis
charge OF the lien. Tie SUMMONS shall be served
as in other eases In equity. II Judgment be ren-
dered Tor the complainant. the court shall decree
the sale or said land and premises, aud shall dc
clare the proper distribution OF the fund arising
from such sale; and If upon sale the proceeds be
insufficient t. pay all liens under this act, they
SHAH stand a Judgment against the party who
Incurred the debt II he be made or become party
TO the suit, but not otherwise; and such judgment
sAan Dear interest, ana have the same force and
effect. and be- enforced in the SANE manner as In
cases o. Judgment ut law.
sec. That in the case OF labor done or materials
furnished for the erection Or repair OF two OF more
bindings Joined together and owned 10y The same
person or persons, 1t shall not be necessary TO
determine the amount Of work done or materials
FURNISHED Tor each particular building, but only the
aggregate amount upon ali the buildings so joined:
AMI tie decree or the court shall pass against all
the buildings, ami the land ON which they are
erected. as one building; but they may be sod sep
aIalely il III court so decree. II joint claim be
NED, ma the proof shows separate right Of action,
Ii shall not defeat tie claim. bu; the court may
require the pead.nrS 10 be amended, if necessary
upon such terms as Ii shall prescribe, and proceed
10 adJudicate the rights OF the parties as TO law
and justice shall appertain.
SEC. a That any person entitled to a lien under
this act may commence his suit TO enforce the Same
al ans time Wltilin Ole year from and alter filing
the notice aforesaid or the completion Of said build
nae until al persons who snail become interested
In The buildln, subject to such lien under the pro
Visions OF this act shall have opportunity 10 re
heard In silI suit. providing such interest was
vested at the time i'd suit was brought or be ac
+ qured within three months thereafter. and sucn
/ persons shall intervene in said suit within said
+ term OF three months
sec g That all or any number of persons having
liens en- the same BUILDING PURSUANT TO the pro-
visions Of this act may Join n one suit, but their
respective claims may b. stated distinctly In SeDa-
rate paragraphs. and the judgment shall show the
several suits shall be brought by different claim
ants. and be &c ding at the same time, the court
may orler Them 10 be con=ohdat'd
Sec g. That l.. said bu ding be on any land living
Outside the cities OF Washington and GEORGETOWN
ana there Is any contest as TO the dimensions OF
the ground claimed To be subjected to the lien de-
clared by this ACT II shall be the duty or the court
/ 10 issue an ordr 10 the surveyor OF said District
or some other surveyor. TO examine the said build
ing or The place at which said building Is being or
has been erected or repaired. and TO make report
TO tie court III which lie shall sufficiently dt.lv-
nate and describe by metes and bounds, and by
/ draught II necessary, the limits ana extent of
! ground: and II approved by the court such report
shall te conclusive upon all parties concerned; ana
the l&nA 80 designated in such resort Shalt. to-
| gtihtr Win said buildings, he subjected TO and
| charged with said lien.
! Sec. 10 That whenever anF person having lien
BY virtue OF the provisions OF this act Snail have
received satisfaction for his claim and the cost OF
his proceeding, therein. lie shall, upon the reGuest
Of any person interested. ana upon Tue paymenIor
tender OF The costs Of entering sItisfaciOn within
two days after such payment Or tender, enter
satisfaction OF his demand ia the Office OF the
clerk aforesaid; and upon failure To d. So he shall
forfeit hftT collars TO he party a-r-rleved and all
dim1ges which he hay have sustained by reason
. OF Sucn failure or neglect
see. H. That IN ali proceedings under this act the
/ C-ienudnt hay HE d written undertaking, with
t"O or InoFe oTrtcS, To be approved by tut. court
10 the effect that le and they will Day the Judo,
raent that may be recovered, und costs which
judgment shall be rendered against all persons 50
undertaking. and thereby release his property from
the lien hereby created. No such undertaking
SHAH Dc approved 10y the court until the complain.
ants snail nave had II least days notice OF The
Crcn'Id IT intention 70 apply 10 the court there
iOr, " 1icn notice shall give the names ard resi-
deIct> OF the persons 10 be offered as Suretie and
The time when Tic notion .Or such apDroyafw b.
uCtred. that they are WORTH, over and above all
debts and liabilities double the amount or sa d
lien. / he comp ti!iaEt,, or any OF them NAV an
pear in open court and make their objection 10
such approval, or file III the Office OF The clerk OF
tIe colrt their Oh his objections III writing 10 such
app!0y:. = >ucA undertaking be approved before
the fling OF th@ aIOr i'll hill in equity TO enforce
sud lien. The saId sure.ies shall he made parties
thereto. and II after the Hing OF said bill said sure
itS1 I.tto become parties thereto: ard In either
case The decree or The court Shall run against them
- well a. lie principal ON such undertaking
see ~ lat any person or persons who shall
furnish. At The rrG"eSt OF the owner Or his agent
materials 10 DO any worh or labor In II ling I'M
any lot or in ertci' or constructing any Wharf or
other permanent III uTCS thereon. or In dredging
cut the clunuel IN front CT any wharf under con.
l'tct WIN The owner Oh his agent. Shall be entitled
10 enforce lien therefor upon the lots or wharycs
sec i3- Tint any mechanic or artisan Who shall
Ft.rl