Pine Bluff daily graphic., 1895-04-29

taining the date of the filing, the name of the person laying or imposing the lien, the amount of said lien, the name of the person against whose prorerty the lien is filed and a description of the property to be charged with the same, for which he shall receive the sum of one dollar from the person laying or imposing the lien, which shall be taxed and collected as other costs, in case there be suit thereon.
 SEC. 13 The pleadings, practice, process and other proceedings in cases arising under this act. shall be the same as in ordinary civil actions and proceedings in circuit courts. excepta as herein otherwise provided. The petition. among other things shall ai- lege the facts necessary for securing lien under this net, and shall contain description of the property charged herewith.
 SEC 14 The court shall ascertain by fair trial in the usual way, the amount on the indebtedness for which the lia@fs prosecuted and may render judgment therefor in any sum not exceeding the amount claimed In the demand filed with the lien, togetherWith the interest ard costs, although the creditor may have unintentionally failed to render III his account filed the full amount of credits to which the debtor may have been entitled. The iundgment, if for plaintiff, shall be that he recover the amout of the indebtedness found due, to be levied out of the property charged with the lien therefor. which said property shall be correctly described in the judgment
 SE5f5. All actions under this act shall be commenced within ninety days after filing the lien and prosecuted without unnecessary delay to final judgment; and no lien shall continue to exist, by virtue of the provisions of this aetfo more than ninety days after the lien shall be filed, unless within that time an action shall be instituted thereon, as hereinbefore described.
 SEC. 16. Whenever the owner of the erec- tion improvement. or land on which such erection or improvement is put, or the owner of any boat or vessel, is a nonresident of the State, or resides orlt of the county in which the erection. or other improvement is put as heretofore provided by this act. or so con ceals himself that personal service of sum mons cannot be had on him, the mechanic builder, artisan, workman, laboref or other person enttledBto lien under this act, may upon instituting suit, cause warning order to issue and be published as may be prescribed by law for the issuance of warning orders in proceedings under attachment, and such ser vice shall be binding and of full force and effect.
 SEe, r, All liens created by virtue of this act shall be enforced in the circuit court of the county wherein the property on which the lien is attached is situated. and any per son having such lean may enforce the same in said circuit court, without regard to the amount thereof
 SEC. Is. Nothing herein contained shall be so construed as to give contractors. snb-eon- tractors or laborers or material furnishers liens for any greater amount in the aggre- gate than that contracted for between the employer and contractor; provided, that the owner, employer or builder shall pay no money to the contractor until all laborers and mechanics employed on the same and all materials furnished shall be paid for work done or materials furnished
 SEC f9. In all suits under this act. the par ties to the contract and all other persons in- terested in the controversy. and in the prop erty charged with the lien. may be made parties, but such as are not made parties shall not be bound by any such proceedings.
 SEC, 20 The court shall make such orders in the case as will protect and enforce the rights of all interested therein.
 SEC. 2l The execution to be issued sh all be d special fieri facias and shall be Tn conform i fly with the judgement, and shall be return able as ordinary executions.
 SEC 2. Every person, including all cestuis que trust, for whose immediate use employ ment, or benefit, any building, erection or other improvement shall be made shall be
 included by the words ''owner or proprietor thereof, under this act. not excepting such as may be minors over the age of eighteen years of age or married women
 l SEC. 9. Whenever any indebtedness which is a lien on any such real estate. erection. building CT other improvement shall be paid and satisfied, it shall be the duty Of the credi-