Page:United States Statutes at Large Volume 23.djvu/93

 1* OHTY-EIGHTH CONGRESS. Sess. I. Ch. 143. 1884. 65 time when the notice was dled with the clerk as aforesaid, in case such notice is required by this act. the time when the building was completed, with a description of the premises, and any other material facts; and all persons who are interested in the premises,so far as they are known, shall be made parties complainants or defendants; and said bill shall pray that the premises may be sold and the proceeds of the sale applied to the discharge of the lien. The summons shall be served as in other Service of enmcases in equity. If judgment be rendered for the complainant, the m°¤¤· court shall decree the sale of said land and premises, and shall declare W;-;‘:f’°° °f “‘l"* the proper distribution of the fund arising from such sale; and if upon D;,,{,,-5;,,,,;,,,, of sale the proceeds he insufficient to pay all liens under this act, they proceeds; jungshall stand as a judgment against the party who incurred the debt, if m°¤*¤5 *¤*°’°¤”- he be made or become aparty to the suit, but not otherwise; and such judgment shall bear interest, and have the same force and effect, and be enforced in the same manner as in cases of judgment at law. Sec. 6. That in the case of labor done or materials furnished for the _ Decree of court erection or repair of two or more buildings joined together and owned 2:.:* ,':f.,5'?°"° by the same person or persons, it shall not be necessary to determine cm °°° m “`g’ the amount of work done or materials furnished for each particular building, but only the aggregate amount upon all the buildings so joined; and the decree of the court shall pass against all the buildings, and the land on which they are erected, as one building; but they may be sold separately if the court so decree. If a joint claim be filed, and J¤i¤t ¤l=¤i¤¤=·¤¢~- the proof shows a separate right of action, it shall not defeat the claim, but the court may require the pleadings to be amended, if necessary, upon such terms as it shall prescribe, and proceed to adjudicate the rights of the parties as to law and justice shall appertain. Sec. 7. That any person entitled to a lien under this act may com- Timo of com. mence his suit to enforce the same at any time within one year from meucing suit. and after filing the notice aforesaid or the completion of said building Bight or parties or repairs, but no iinal adjudication shall be had until all persons who '*°°m**° b° 1******- shall bccome interested in the building subject to such lien under the °°°‘. provisions of this act shall have an opportunity to be heard in said suit, providing such interest was vested at the time said suit was brought or be acquired within three months thereafter, and such persons shall intervene in said suit within said term of three months. Sec. 8. That all or any number of persons having liens on the same 0e¤ee1i¤1¤.1.ieu of building pursuant to the provisions of this act may join in one suit, but ¤·¤ii<>¤¤- their respective claims may be stated distinctly in separate paragraphs, and the judgment shall show the amount to which they are respectively entitled. If several suits shall be brought by different claimants, and be pgnding at the same time, the court may order them to be consolidate. ` Sec. 9. That if said building be on any land lying outside the cities E$*¤¤¢ of li¤¤ of Washington and Georgetown, and there is any contest as to the di- 9“*°‘d° °({GW“l; meusions of the ground claimed to be subjected to the lieu declared by  °n °°r8 this act, it shall be the duty of the court to issue an order to the surveyor of said district, or some other surveyor, to examine the said building, or the place at which said building is being or has been erected or repaired, and to make a report to the court, in which he shall suiilciently designate and describe by metes and bounds, and by a draught if necessary, the limits and extent of ground; and if approved by the court such report shall be conclusive upon all parties concerned; and the land so designated in such report shall, together with said buildings, be subjected to and charged with said lien. _ Sec. 10. That whenever any person having a lien by virtue of the $¤**¤*`•¤¤°¤  provisions of this act shall have received satisfaction for his claim and }’:¤‘?£{‘f;,'f* ']'°“* the cost of his proceedings therein, be shall, upon the request of any , person interested, and upon the payment ortender of the costs of enter-. ing satisfaction, within two days after such payment or tender, enter ‘ satisfaction of his demand in the office of the clerk aforesaid; and upon failure to do so he shall forfeit fifty dollars to the party aggrieved, and xxm-—·-5