Chapter XVII. for the Enforcement of Mechanics’ Liens on Buildings, and so forth, in the District of Columbia
1,436 words·~7 min read·
/statutes-at-large/vol-11/chapter-xvii-1525288·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chap. XVII.— An Act for the Enforcement of Mechanics’ Liens on Buildings, and so forth, in the District of Columbia.Feb. 2, 1859. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That any person who shall hereafter,Who may enforce lien, and for what cause. by virtue of any contract with the owner of any building, or with the agent of such owner, perform any labor upon, or furnish any materials, engine, or machinery, for the construction or repairing of such building, shall, upon filing the notice prescribed in section second of this act, have a lien upon such building and the lot of ground upon which the same is situated, for such labor done, or materials, engine, or machinery furnished, when the amount shall exceed twenty dollars.
Sec. 2. *And be it further enacted,* That any person wishing to avail himself of this act, whether his claim be due or not, shall file in the officeNotice, when and where filed, and what to state. of the clerk of the circuit court for the District of Columbia, at any time after the commencement of the said building and within three months after the completion of such building or repairs, a notice of his intention to hold a lien upon the property declared by this act liable to such lien, for the amount due or to become due to him, specifically setting forth theLien lost, if no notice.Notices to be recorded. amount claimed.
Upon his failure to do so, the lien shall be lost. The clerk aforesaid shall file and record such notice in a book provided for that purpose. 377 THIRTY-FIFTH CONGRESS. Sess. II. Ch. 17. 1859. Sec. 3. *And be it further enacted,* That such lien shall cease to exist atLien expires in a year, unless action brought to enforce it meanwhile.Unless, &c. the expiration of one year after the completion of the building or repairs, unless, before that time, an action to enforce the same shall have been commenced in the said circuit court by the person having such lien against the owner with whom or with whose agent the contract was made, unless 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 it further enacted,* That the complaint of the plaintiff shall contain a brief statement of the contract on which the claim isComplaint, contents and prayer of. founded, the amount due thereon, the time when the notice was filed with 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 servedSummons how served. as in other cases, or, instead of service by publication, it may be made by 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 a party defendant in the action.
Sec. 6. *And be it further enacted,* That the proceedings in an action toProceedings in the action. enforce such lien shall be the same as in other actions, except as otherwise 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 pursuanceLiens by this act to have priority over all attaching after the notice. of the provisions of this act shall have precedence over all other liens or incumbrances which attached upon the premises subsequent to the time at which said notice was given.
If, upon a sale of the premises on execution, the proceeds be insufficient to pay all such liens, the court shall order them to be paid in proportion to the amount, respectively, due toPro rata payments. each, and any other property of the defendant not exempt from execution may be sold to satisfy such execution. Sec. 8. *And be it further enacted,* That if the building be on any landExtent of lien if building is outside of Washington city or Georgetown. lying outside the corporate limits of Washington city and Georgetown, the land upon which the same is erected, together with the space around the same, not exceeding five hundred square feet clear of the building, shall be subject to the said lien, if the said land, at the time of the creation or repair of such building, shall have been the property of the person contracting for the creation or repair of the same.
If the building be inIf within said cities. Washington city or Georgetown, the ground on which the same is erected, and a space of ground equal to the front of the building, and extending to the depth of the lot or lots on which it is erected, shall also be bound by the said lien, subject to the foregoing proviso. Sec. 9. *And be it further enacted,* That all or any number of persons,All having liens on same building may join in the action. having liens on the same building, pursuant to the provisions of this act, may join in one action, but their claims shall be stated distinctly as in separate action, and the judgment shall show the amounts to which they are respectively entitled.
If several such actions be brought by differentActions may be consolidated. claimants, and be pending at the same time, the court may order them to be consolidated. Sec. 10. *And be it further enacted,* That whenever any person havingIf claim and costs are paid or tendered, satisfaction to be entered in clerk's office in six days after. a lien, by virtue of the provisions of this act, shall have received satisfaction for his claim, and the cost of his proceedings thereon, he shall, upon the request of any person interested, and upon the payment or tender of the costs of entering satisfaction, within six days after such payment, enter satisfaction of his demand in the office of the clerk afore-378THIRTY-FIFTH CONGRESS.
Sess. II. Ch. 17, 18, 19. 1859.said; and upon failure to do so he shall forfeit and pay fifty dollars to thePenalty for neglect. party aggrieved, and all damages which he may have sustained in consequence of such failure or neglect. Sec. 11. *And be it further enacted,* That in all proceedings, commencedHow defendant may discharge the lien. under this act, the defendant may file a written undertaking, with surety to be approved by the court, to the effect that he will pay the judgment that may be recovered, and costs, and thereby release his property from the lien hereby created.
Sec. 12. *And be it further enacted,* That any person, having possession of the same, who shall make, alter, repair, or bestow any labor on anyPersons in possession of, and performing labor on any personal property at owner's request, to have lien. article of personal property, at the request of the owner or lawful possessor thereof, shall have a lien on such property so made, altered, or repaired, or upon which labor has been bestowed, for his just and reasonable charges for the labor he has performed and the materials he has furnished; and such person may hold and retain possession of the same until such just and reasonable charges shall be paid; but if possession pass from such person by his consent, the lien shall cease.
Sec. 13. *And be it further enacted,* That the provisions of sectionIf no special agreement. twelve of this act shall not interfere with any special agreement of the parties. Sec. 14. *And be it further enacted,* That the act entitled “An act toAct, 1833, ch. 80, vol. iv. p. 659, &c. repealed. secure to mechanics and others,” &c., approved March second, eighteen hundred and thirty-three, and all other acts and parts of acts inconsistent with the provisions of this act, be, and the same are hereby, repealed, andThis act to take effect from its passage. this act shall take effect from its passage.
Approved, February 2, 1859.