Year: 1874

SEC. b. Upon the tlllng OF such bill OF
petition, summons shall issue aud service
thereof be had, as in suits in chancery.


SEC T. When any defendant resides OF
has gone out Of the State, or On due inqui-
, ~ cannot be found, OF is concealed within
this State, 80 that process InnOt be served
upon him, the complainant or petitioner
may cause notice TO be given to him in like
manner and upon the same conditions as
provided in suits in chancery.
SEC 8. Suits instituted under the pro-
visions Of this act shall be placed upon the
chancery docket, and stand for trial as other
suits i'll chancery.


SEC 8. For the purpose nf bringing all
parties in interest before the court, the
court shall permit amendments to any part
of the pleadings, and may issue process,
make all orders requiring parties to appear,
and requiring notice to be given, that are
or may be authorized in proceedings in
chancery, and shall have the same po Eer
J and jurisdiction over the parties and sub
ject and the rules of practice and pro
ceedings in such cases shall be the same as
in other cases in chancery, except as is 9th
erwise provided in this act


SEC. 10. Defendants shall answer the
bill or petition under oath, unless the oath
is waived by the complainant or petitioner
and the plaintiff shall except OF reply to the
answer as though the proceeding was in
ehancery. The answer shall be regarded
as the plea Of the defendant, and by repli-
cation thereto an issue or issues shall be
formed, which shall be tried by the court,
or by jury under the direction Of the
court, as the court may direct or the par
ties agree.


SEC H. When the owner Of the land
shall have failed to perform his part of the
contract, and by reason thereof the other
party shall, without his own default, have
been prevented from performing his part,
he shall be entitled to reasonable com
pensation for as much thereof as he has
performed, in proportion to the price stip-
ulated for the whole, and the court shall
adjust his claim accordingly.


SEC. IL. In proceedings under this act,
all persons interested in the subject matter
Of the suit, or in the premises intended to
be sold, may, on application to the court
wherein the suit is pending, be made or
become parties at any time before final
judgment.


SEC. l3. Parties in interest, within the
meaning Of this act, shall include all per-
SONS who may have any legal OF equitable
claim to the whole or any part Of the
premises upon which lien may be at
tempted to be enforced under the provis-
ions of this act,


SEC. IA. Upon questions arising between
different creditors, having liens under this
act. no preference shall be given to him
whose contract was first made.


SEC. 10. The court shall ascertain the
amount due each creditor. aud shall direct
the application Of the proceeds Of sales to
be made to each in proportion to their sew
eral amounts


SEC. IS Parties entitled to liens under
this act, whose CLAIM are not due OF pay
\ able at the time Of the commencement of
suit by any other party, shall be permitted
| to become parties to the suit, and their
claims shall be allowed, subject 10 re
ductIon Of interest from The date OF judg
ment TO the time such claim is due and
payable.


SEC. IL. No incumbrance upon land
created before or after the making of CON
tract under the provisions Of this act, shall
operate upon the building erected or mate
rlals furnished, until the lien i'll favor of
the person doing the work, or furnishing
the materials shall have been satisfied; and
upon questions arising between previous
membranes and creditors, the previous
Incumbrance shall be preferred to the ex-
tent of the value Of the land at the time
Of making the contract, and the court shall
ascertain, by jury or otherwise, AS the case
may require, what proportion Of the pro-
ceeds ot any sale shall be paid to the sew
eral parties IN interest.


/ -
each Others rights, as well with respect to-
amount due, with respect to their right
to the benefit of the lien hereby created !;
and upon all questions made by parties, the
court shall require issues Of law or fact to
be formed so as to bring about speedy de-
cislon thereof


SEC. 10. Any incumbrance, whether by
mortgage, Judgment or otherwise, charged
and shown TO be fraudulent In respect to
creditors, may be set aside by the court,
and the premises made subject to the claim
OF the complainant or petitioner, freed and
discharged from such fraudulent incum-
brance.


SEC. 20 In no case shall the want Of
preparation for trial Of one claim delay the
trial III respect to others, but trial shall be
had upon issues between such parties as
are prepared, without reference to issues
betW cen other parties and when one cred
itor shall have obtained decree or judg-
ment for the amount due, the court may
order sale of the premises ON which the
lien operates, or a part thereof, so as to
satisfy the judgment: Prorided that the
court may, for good cause shown, delay
iii Iklng any order Of sale or distribution
until the rights Of all parties in interest are
ascertained and settled by the court.


SEC. 21. Whatever right or estate such
owner had in the land at the time Of max
ilg the contract, may be sold, and the pro-
leeds Of sale applied according to the pro
visions of this act.


SEC. % If any part of the premises can
be separated from the residue, and sold
without damage to the whole, and if the
value thereof is suffcens TO satisfy all the
clalms proved in the cause, the court may
order a sale Of that part


SEC 23 The sale shall be made in the
same manner as other sales OF real estate
under DEGREES in chancery.


SEC. "a. Upon all sales under this act,
the right Of redemption shall exist in favor
of the same persons, and may be made In
the same manner IS Is or may be provided
for redemption of real estate from sales
under judgments and executions at COM
mon law.


Sec. %. If, upon making sale Of any
premises under this act, the proceeds of
such sale shall not be sufficient to pay the
claims Of all parties, according 10 their
rights, the judgment shall be credited by
the amount OF such sale, and execution
may issue in favor Of any creditor whose
claim is not satisfied, for the balance due,
as upon judgment in actions Of debt or
assumpsit, and in case Of excess Of sales
over the amount of judgment, such excess
shall be paid to the owner of the land, or
to the person who may be entitled to the
same, under the direction of the court.


SEC. 26. Suits may be instituted under