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and may execute a release in his behalf to the owners of the shares, of the parts to which they may be respectively entitled, upon an order of the court to that effect.
Sec. 14. The commissioners shall make a return of their proceedings, under their hands and seals, together with their warrant, to the court, specifying by divisions, or by metes and bounds, each share, whenever partition is made. They shall also report the value of the whole and of each share. If their proceedings are confirmed by the court, judgment shall thereupon be rendered that the said partition be firm and effectual forever; and the return shall then be recorded in the clerk's office, and also in the office of the recorder.
Sec. 15. The court may, for any sufficient reason, set aside the return and commit the duty of partition anew to the same, or other commissioners, to be appointed and qualified as aforesaid, whereupon the same proceedings shall be had as before directed.
Sec. 16. Any person having a mortgage, attachment, or other lien on the share of any part owner, shall be concluded by the judgment of the court, so far as it respects the partition and assignment of the shares, but his lien shall remain in full force upon the part that shall be assigned to or left for such part owner.
Sec. 17. In all cases of petition for a partition of real estate, the widow entitled to dower therein, if any there be, shall be made a party to the proceedings, unless dower shall have been previously assigned. And whenever a widow is entitled to dower in real estate, of which partition is demanded, the commissioners making partition shall set off to such widow her dower therein.
Sec. 18. When such commissioners shall report to the court that the whole or part of the lands of which partition is demanded cannot be divided without damage to the owners, the court, in its discretion, may order the whole or such part of the premises to be sold at public or private sale on such terms and conditions as it may prescribe. And if a part only be sold, the remainder may be partitioned, subject to the rules provided in this chapter. If, under such partial partition, duly confirmed, the shares assigned be full shares, the residue reserved for sale shall be discharged from all title or claim of the parties so receiving assignment of their shares.
Sec. 19. Such sale shall be made by a commissioner, to be appointed by the court, other than one of the commissioners appointed to make partition ; and such commissioner shall file bond, payable to the United States, with such surety and in such penalty as the court may direct, conditioned for the faithful discharge of the duties of his trust.
Sec. 20. Whenever it shall appear to the court that the purchasemoney for the land sold has been duly paid, the court shall order such commissioner, or some other person, to execute conveyances to the purchaser, which shall bar all claims of such owners to said lands as effectually as if they themselves had executed the same.
Sec. 21. Commissioners to make partition or to sell, shall not become purchasers of said land.
Sec. 22. The moneys arising from such sale, after payment of just costs and expenses, shall be paid by such commissioners to the persons entitled thereto, according to their respective shares, under the direction of the court.
Sec. 23. If any party to such partition die, the proceedings therein shall not abate, except as to him; nor shall the same abate as to him, if the heirs of such decedent are made parties instead.
Sec. 24. The court shall make such allowance to the commissioners for their services, and for surveying, marking, chaining, platting, and the execution of the necessary conveyances, as to the court shall seem reasonable; and all costs and necessary expenses shall be awarded and enforced in favor of those entitled thereto, against the petitioners, in such proportion against each, as the court may determine.
Sec. 25. Any person who, before the partition or sale, was lessee of any lands divided or sold, shall hold the same of him to whom such land is allotted or sold, on the same terms on which by his lease he held it before partition.
Sec. 26. Upon showing sufficient cause, any person not served with summons may, within one year after such partition is confirmed, appear and open the proceedings, and obtain a review thereof, and also any person of unsound mind, or any infant whose guardian did not attend and approve such partition, may, within one year after the removal of his disability, have a review of such partition.
OF THE ENFORCEMENT OF MECHANICS' LIENS ON BUILDINGS.
SECTION 1. Who may have a lien.
8. What amount of land shall be subject 2. Notice of lien to be filed.
to such lien. 3. When lien shall cease.
9. Several parties may join. 4. What the complaint shall contain. 10. Satisfaction to be entered on the record 5. Service of summons.
11. | Provisions as to sub-contractor, or 6. Proceedings in such cases.
12. S laborer, or journeyman. 7. Precedence of such lien.
13. Liens may be released by bond and
surety to be approved by the court. Section 1. Any person who shall hereafter 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 the next following section, 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. Any person wishing to avail himself of the provisions of this chapter, whether his claim be due or not, shall file in the recorder's office, at any time 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 chapter liable to such lien, for the amount due or to become due to him, specifically setting forth the amount claimed. Upon his failure to do so, the lien shall be lost. The recorder shall file and record such notice in a book provided for that purpose.
Sec. 3. Such lien shall cease to exist at 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 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. The complaint of the plaintiff shall contain a brief statement of the contract on which the claim is founded, the amount due thereon, the time when the notice was filed with the recorder, 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. The summons shall be 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. The proceedings in an action to enforce such lien shall be the same as in other actions, except as otherwise provided in this chapter; 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 against real property.
Sec. 7. The liens created in pursuance of the provisions of this chapter shall have precedence over all other liens or encumbrances which attached upon the premises subsequent to the time at which the building was commenced, or the materials were furnished. 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 to each, and any other property of the defendant not exempt from execution may be sold to satisfy such execution.
Sec. 8. If the building be on any land 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 also 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 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. All or any number of persons having liens on the same building pursuant to the provisions of this chapter, may join in one
action, but their claims shall be stated distinctly as in a separate action, and the judgment shall show the amounts to which they are respectively entitled. If several such actions be brought by different claimants, and be pending at the same time, the court may order them to be consolidated.
Sec. 10. Whenever any person having a lien by virtue of the provisions of this chapter shall have received satisfaction for his claim, and the costs 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 or tender, enter satisfaction of his demand in the office of the recorder, and upon failure to do so he shall forfeit fifty dollars to the party aggrieved, and all damages which he may have sustained in consequence of such failure or neglect.
Sec. 11. Any sub-contractor, journeyman, or laborer employed in the construction or repairing of any building, or in furnishing any materials or machinery for the same, may give the owner thereof notice in writing, particularly setting forth the amount of his claim, and the service rendered, for which his employer is indebted to him, and that he holds the owner responsible for the same; and the owner of the building shall be liable for such claim, but not to exceed the amount due from him to the employer at the time of notice, or subsequently, which may be recovered in an action.
Sec. 12. Whenever any sub-contractor, journeyman, or laborer shall recover any such claim from the owner of the building, the same may be set off by such owner in any action brought against him by the person who otherwise would be entitled to recover the same under the contract.
Sec. 13. In all proceedings commenced under this chapter, 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.