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may have filed notices of liens, as aforesaid. All or any number of persons having liens on the same property may join in one suit, their respective claims being distinctly stated in separate paragraphs; and if several suits are brought by different claimants and are pending at the same time, the court may order them to be consolidated.
Sec. 1247. DECREE OF SALE. If the right of the complainant, or of any of the parties to the suit, to the lien herein provided for shall be established, the court shall decree a sale of the land and premises or the estate and interest therein of the person who, as owner, contracted for the erection, repair, improvement of, or addition to the building, as aforesaid.
Sec. 1248. SUBCONTRACTOR PREFERRED TO CONTRACTOR.-If the original contractor and the persons contracting or employed under him shall both have filed notices of liens, as aforesaid, the latter shall first be satisfied out of the proceeds of sale before the original contractor, but not in excess of the amount due him, and the balance, if any, of said amount shall be paid to him.
Sec. 1249. DISTRIBUTION.-If one, or some only, of the persons employed under the original contractor shall have served notice on the owner, as aforesaid, before payments made by him to the original contractor, said party or parties shall be entitled to priority of satispaction out of said proceeds to the amount of such payfments; but, subject to this provision, if the proceeds of sale, after paying thereout the costs of the suit, shall be insufficient to satisfy the liens of said parties employed under the original contractor the said proceeds shall be distributed ratably among them to the extent of the payments accruing to the original contractor subsequently to the service of notice on the owner by said parties, as aforesaid.
Sec. 1250. SEVERAL BUILDINGS.-In case of labor Ib.; sec. 1237. done or materials furnished for the erection or repair of two or more buildings joined together and owned by the same person or persons, it shall not be necessary to determine the amount of work done or materials furnished for each separate building, but only the aggregate amount upon all the buildings so joined, and the decree may be for the sale of all the buildings and the land on which they are erected as one building, or they may be sold separately if it shall seem best to the court.
Sec. 1251. WHEN SUIT TO BE COMMENCED.-Any person entitled to a lien, as aforesaid, may commence his suit to enforce the same at any time within a year from and after the filing of the notice aforesaid or within six months from the completion of the building or repairs aforesaid, on his failure to do which the said lien shall cease to exist, unless his said claim be not due at the expiration of said periods, in which case the action must be
23 Stat., 64.
Ib., 13 D. C. App., 581; 13 D. C. App., 356.
23 Stat., 64.
commenced within three months after the said claim shall have become due.
Sec. 1252. EXTENT OF GROUND BOUND BY LIEN.If there be any contest as to the dimensions of the ground claimed to be subjected to the lien aforesaid, the court shall determine the same upon the evidence and describe the same in the decree of sale.
Sec. 1253. ENTRY OF SATISFACTION.-Whenever any person having a lien by virtue hereof shall have received satisfaction of his claim and cost, he shall, on the demand, and at the cost of the person interested, enter said claim satisfied, in the clerk's office aforesaid, and on his failure or refusal so to do he shall forfeit fifty dollars to the party aggrieved, and all damages that the latter may have sustained by reason of such failure or refusal.
Sec. 1254. PAYMENT INTO COURT AND RELEASE. -In any suit to enforce a lien hereunder, the owner of the building and premises to which such lien may have attached, as aforesaid, may be allowed to pay into court the amount claimed by the lienor, and such additional amount, to cover interest and costs, as the court may direct, or he may file a written undertaking, with two or more sureties, to be approved by the court, to the effect that he and they will pay the judgment that may be recovered and costs, which judgment shall be rendered against all the persons so undertaking. On the payment of said money into court, or the approval of such undertaking, the property shall be released from such lien, and any money so paid in shall be subject to the final decree of the court. No such undertaking shall be approved by the court until the complainant shall have had at least two days' notice of the defendant's intention to apply to the court therefor, which notice shall give the names and residences of the persons intended to be offered as sureties and the time when the motion for such approval will be made, and such sureties, shall make oath, if required, that they are worth, over and above all debts and liabilities, double the amount of said lien. The complainant may appear and object to such approval.
Sec. 1255. UNDERTAKING TO DISCHARGE LIENS BEFORE SUIT.-Such an undertaking as above mentioned may be offered before any suit brought in order to discharge the property from existing liens, in which case notice shall be given as aforesaid to the parties whose liens it is sought to have discharged, and the same proceedings shall be had as above directed in relation to the undertaking to be given after the commencement of the suit, and said undertaking shall be to the effect that the owner and his said sureties will pay any judgment that may be rendered in any suit that may thereafter be brought for the enforcement of said lien.
Sec. 1256. DECREE AGAINST SURETIES.-If such undertaking be approved before any suit brought, such suit
shall be a suit in equity against the owner, to which the sureties may be made parties; if the undertaking be approved after suit brought, the said sureties shall ipso facto become parties to the suit, and in either case the decree of the court shall be against the sureties as well as the owner.
Sec. 1257. NO ACTION BY SUBCONTRACTOR AGAINST OWNER. No subcontractor, material man, or workman employed under the original 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 upon a special promise of such owner, in writing, for a sufficient consideration, to be answerable for the same.
Sec. 1258. JUDGMENT FOR DEFICIENCY UPON A SALE. In any suit brought to enforce a lien by virtue of the provisions aforesaid, if 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 person be a party to the suit and shall have been personally served with process therein.
Sec. 1259. WHARVES AND LOTS.-Any person who shall Ib. 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 entited 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 herein before provided.
Sec. 1260. OTHER LIENS.-Any mechanic or artisan Ib. 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 charges are paid; but if possession is parted with by his consent such fien shall cease.
Sec. 1261. INNKEEPER.-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.
Sec. 1262. LIVERYMAN.-It shall be lawful for all 27 Stat., 40. 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 person or at his last known place of residence of the amount of such charges
Ib., sec. 1237.
Richman v. Cake, 1 D. C.
D. C., 808.
and the intention to detain such animal or animals until such charges shall be paid.
Sec. 1263. ENFORCEMENT BY SALE.-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 remainder, if any, shall be paid over to the owner of the property.
Sec. 1264. ENFORCEMENT BY BILL IN EQUITY.-If the App., 447; R. S. value of the property so subject to lien shall exceed the sum of fifty dollars, the proceeding to 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 plaintiff's demand, shall adjudge that the plaintiff recover his demand against the defendant from whom such claim is due, and may have execution therefor as at law.
LIMITATION OF ACTIONS.
Sec. 111; Gwin v. Brown, 21 D.C.
lumbian U. v.
any App.,131; McKay v. Bradley, 26 D.
D. C. App., 213;
25 D. C. App., 746;
12 D. C. App., 586;
11 D. C. App.,116;
4 D. C. App., 125;
1 D. C. App., 44;
D. C. App., 226;
26 D. C. App., 508.
Sec. 1265. PERIODS OF LIMITATIONS.-No action be brought for the recovery of lands, tenements, or her- App.,295, 309; Coeditaments after fifteen years from the time the right to Taylor, 25 D. C. maintain such action shall have accrued; nor on executor's or administrator's bond after five years from C. App., 449; 32 the time of the right of action accrued thereon; nor on 27 D. C. App., 595; any other bond or single bill, covenant, or other instru- 25 D. C. App., 324: ment under seal after twelve years after the accruing of 21 D. C. App., 154 the cause of action thereon; nor upon any simple con- 11 D. C. App., 442; tract, express or implied, or for the recovery of damages 11 D. C. App., 398 for any injury to real or personal property, or for the recov- 9 D. C. App., 373; ery of personal property or damages for its unlawful de- 2 D. C. APP:, 387 tention after three years from the time when the right to 3 D. C. App., 114; maintain any such action shall have accrued; nor for any 2 statutory penalty or forfeiture, or for libel, slander, assault, battery, mayhem, wounding, malicious prosecution, false arrest or false imprisonment after one year from the time when the right to maintain any such action shall have accrued; and no action the limitation of which is not otherwise specially prescribed in this section shall be brought after three years from the time when the right to maintain such action shall have accrued: Provided, That if any person entitled to maintain any of the actions aforesaid shall be at the time of the accruing of such right of action under twenty-one years of age, non compos mentis, or imprisoned, such person or his proper representative shall be at liberty to bring such action within the respective times in this section limited after the removal of such disability, except that where any person entitled to maintain an action for the recovery of lands, tenements, or hereditaments, or upon any instrument under seal, shall be at the time such right of action shall accrue under any of the disabilities aforesaid, such person or his proper representative, except where otherwise provided herein, may bring such action within five years after the removal of such disability, and not thereafter.
326; 1 D. C. App.,
Sec. 1266. SUITS AGAINST DECEDENTS' ESTATES.-In, 21 D. C. App., 132. 19 D. C. App., suits against the estate of a deceased person, in computing 79: 2 D. C. App., the time of limitation the interval, not exceeding two years, 466. between the death of the deceased and the granting of letters testamentary or of administration shall not be counted as part of said time of limitation.
McKay v. Brad
Sec. 1267. FOREIGN JUDGMENTS.-Every action upon ley, 26 D. C.App., a judgment or decree rendered in any State or Territory of 449. the United States or in any foreign country shall be barred