Page:United States Statutes at Large Volume 11.djvu/397

THHBTY-FIFTH CONGRESS. Sess. II. Ch. 17 1859. 377 S20. 3. And be lit further enacted, That such lien shall cease to exist at the expiration of one year after the completion of the building or repairs, Lim ¢X}>“°°¤i¤ unless, before that time, an action to enforce the same shall have been §g;”rlgQf,‘f1§;i °€<Q commenced in the said circuit court by the person having such lien against eufgrce in meanthe owner with whom or with vqhose agent the contract; was made, unless Wh{};im & such claim be not due at the expiration of one year after such completion, ’ in which case the action shall be commenced within three months after the same shall have become due. Sec. 4. And be 1'tfurther enacted, That the complaint of the plaintiff shall contain a brief statement of the contract on which the claim is tg;;;¤g}3;¤;g;g; founded, the amount due thereon, the time when the notice was filed with 0; the clerk, the time when the building was completed, if it be completed, with a description of the premises, and any other material facts, and shall pray that the premises may be sold and the proceeds of the sale applied to the discharge of the lien. ` Sec. 5. And be it further enacted, That the summons shall be served summons how as in other cases, or, instead of service by publication, it may be made by ¤°"°d· delivering a. copy thereof to the person in possession of the premises. If the defendant shall have sold or disposed of the premises before the service of the summons, the court shall direct notice of the proceedings to be served on the purchaser, or his agent for the premises, who may thereupon, if he desire it, be made an party defendant in the action. Sec. 6. And be it further enacted, That the proceedings in an action to proceedings in enforce such lien shall be the same as in other actions, except as other- th¤ ¤¢¤i<>¤· wise provided in this act; and if judgment be rendered for the plaintiff; he may have execution issued against; the premises, and thereupon the marshal shall proceed as upon other executions upon real property. Sec. 7. And be it further enacted, That the liens created in pursuance Liens by this of the provisions of this act shall have precedence over all other liens or ¤¤% to h¤VilP¥‘;; incumbmnces which attached upon the premises subsequent be the time zggnsgfnzr gm at which said notice was given. If} upon a sale of the premises on exe- notice. cution, the proceeds be insufficient to pay all such liens, the court shall order them to be paid in proportion to the amount, respectively, due to Pro mts. pay- each, zmd any other property of the defendant not exempt from execution memsmziy be sold to satisfy such execution. Sec. 8. And be it further enacted, That if the building be on any land Egugt of lieu lying outside the corporate limits of Washington city and Georgetown, the ;€(;“:}t$i%;§1?I;‘if land upon which the same is erected, together with the space around the ton qity gp g same, not exceeding five hundred square feet clear of the building, shall also G¤°i‘S¤*·<>W¤- be subject to the said lien, if the said land, at the time of the erection or repair of such building, shall have been the property of the person contracting for the erection or repair of the same. If the building be in If within said `\Vashingt0n city or Georgetown, the ground on which the same is erected, °i'°i°*· and a space·0f ground equal to the front of the building, and extending to the depth of the lot or lots on which il; is erected, shall also be bound by the said lieu, subject to the foregoing proviso. l S20. 9. And be it jin ther enacted, That all or any number of persons, Al1h:wi¤g1ig¤s having liens on the same building, pursuant be the provisions of this act, ;"§a$‘“?;?J";;;d;’£§ may join in one action, but their claims shall be stated distinctly as in a mq0g_ ` scparutc action, and the judgment shall show the amounts to which they are respectively entitled. If several such actions be brought by diihreuh Accipns maybe claimants, and be pending at the same time, the court may order them to °°““°hd”°d‘ be consolidated. Sec. 10. And be it farther enacted, That whenever any person having a lien, by virtue of the provisions of this act, shall have received satisfuc- cog; :}.:'";aig';‘: tion for his claim, and the cost of his proceedings thereon, he shall, upon tendered, sausthe request of any person interested, and upon the payment or tender of f‘;:;g’“,*’° gig}; the costs of entering satisfaction, within six days after such payment 01* Omceigugx days tender, enter satisfaction of his demand in the 0Hicc of the clerk 8foI'€· 3-im`- v0L. x1. Pu1s.—48