Page:United States Statutes at Large Volume 31.djvu/1440

 1388 F IFTY-SIXTH CONGRESS. Sess. II. Ch. 854, 1901. contractor shall be entitled to a personal judgment or decree against the owner of the premises for the amount due to him from said original contractor, except uipon a special promise of such owner, in writing, for a sufficient consi eration, to be answerable for the same. cigggggggg a*g;,g*=¤· Sec. 1258. JUBGMBNT ron 1>Br1c1BncY Uron A sALn.—In any suit ‘brought to enforce a lien by virtue of the provisions aforesaid, 1f the proceeds of the property affected thereby shall be insufficient to satisfy such lien, a personal judgment for the deficiency may be given in favor of the lien or against the owner of the premises or the original contractor, as the case may be, whichever contracted with him for the labor or materials furnished by him, provided such erson be a party to the Suit and shall have been personally served with) process therein. ,(g¤¤¤¤w¤¤rv·=¤¤¤d Sec. 1259. Wnanvns AND Lo·rs.——Any person who shall furnish ' materials or labor in filling up any lot or in constructing any wharf thereon, or dredging the channel of the river in front of any wharf, under any contract with the owner, shall be entitled to a lien for the value of such work or materials on said lot and wharf upon the same conditions and to be enforced in the same manner as in the case of work done in the erection of buildings, as hereinbefore provided. peI;;gga,‘*;,;0;°é§§,i“¤g Sec. 1260. OTHER LIENS.·—AHy mechanic or artisan who shall make, —alter, or repair any article of personal property at the request of the owner shall have a lien thereon for his just and reasonable charges for his work done and materials furnished, and may retain the same in his possession until said char es are paid; but if possession is parted with by his consent such lien sfiiall cease. Um of i¤¤k¢€P¢¤· Sec. 1261. INNKEEPEB.—Every innkeeper, keeper of a boarding house, or house of private entertainment shall have a lien upon and may retain possession of the baggage and effects of any guest or boarder for the amount which may be due him from such guest for board and lodging until such amount is paid. -0* ¤*‘¢¤‘¤¤¤¤- SBC. 1262. LIvEBYMAN.—It shall be lawful for all persons keeping or boarding any animals at livery within the District, under any agreement with the owner thereof, to detain such animals until all charges under such agreement for the care, keep,`or board of such animals shall have been paid: Provided, however, That notice in writing shall first be given to such owner in erson or at his last known place of residence of the amount of sucli) charges and the intention-to detain, such animal or animals until such charges shall be paid. E¤f¤*¤¤¤¤€¤¤>>’S¤l€· Sec. 1263. Enroncnmnxr BY sALB.—If the amount due and for which a lien is given by any of the last three sections is not paid after the end of a month after the same is due, and the property bound by said lien does not exceed the sum of fifty dollars, then the party entitled to such lien, after demand of payment upon the debtor, if he be within the District, may proceed to sell the property so subject to lien at public auction, after giving notice once a week for three successive weeks in some daily newspaper published in the District, and the proceeds of such sale shall be applied, first, to the expenses of such sales and the discharge of such lien, and the remainde1·, if any, shall be paid " . over to the owner of the property. . m`fé¤Q{;>i*§?m¢¤*bY bm Sec. 126-1. ENFORCEMENT BY BILL IN BoUIrY.—If the value of the " property so subject to lien shall exceed the sum of fifty dollars, the proceedingito enforce such lien shall be by bill or petition in equity, and the decree, which shall be rendered according to the due course of proceedings in equity, besides subjecting the thing upon which the lien was attached to sale for the satisfaction of the plaintiffs demand, ` Shall adjudge that the plaintiff recover his demand against the defendant filpm whom such claim is due, and may have_ execution therefor as at w. ‘