C60

TWENTY-SECOND CONGRESS. Sess. II. Ch. 82. 1833.

fy all demands,tobe distributedpro rata. .

Limitation oflien.

Creditors paid,to enter satis-faction.

Penalty for notso doing.

Mode of re-covering lien.

Proviso.

Statute II.March 2, 1833.

Council to pro-vide for altera-tion of electiondistricts.

Governor todistrict territoryin case councilshall have ad-journed.

rials; then, and in such case, the same shall be averaged, and each ofthe creditors paid a sum proportionate to their several demands: Provided,always, That no such debt for work and materials shall remain a lien onthe said houses or other buildings longer than two years from the com-mencement of the building thereof, unless an action for the recovery ofthe same be instituted, or the claim filed, within three months after per-forming the work or furnishing the materials, in the office of the clerkof the court for the county in which the building shall be situated:And provided, also, That each and every person, having received satis-faction for his or their debt, for which a claim has been or shall be filed,or action brought as aforesaid, shall, at the request of any person inte-rested in the building on which the same was a lien, or in having the samelien removed, or of his or their legal representative, on payment of thecosts of the claim or action, and on tender of the costs of office for en-tering the satisfaction, within six days after such request made, entersatisfaction of the claim in the office where such claim was or shall befiled, or such action brought, which shall for ever thereafter discharge,defeat, and release the same; and if such persons, having received suchsatisfaction as aforesaid, by himself or his attorney, shall not, within sixdays after request and payment of the costs of the claim or action, andtender as aforesaid, by himself or his attorney, duly authorized, entersatisfaction as aforesaid, he, she, or they, neglecting or refusing so to do,shall forfeit and pay unto the party or parties aggrieved any sum of mo-ney, not exceeding one half of the debt, for which the claim was filed,or action brought as aforesaid, to be sued for and demanded by the per-son or persons indemnified, in like manner as other debts are now re-covered by the existing laws for the recovery of debts.

Sec. 2. And be it further enacted, That in all cases of lien created bythis act, the person having a claim filed agreeably to its provisions, may,at his election, proceed to recover it by personal action, according to thenature of the demand, against the debtor, his executors, or administra-tors, or by scire facias against the debtor, or owner of the building; andwhere the proceedings are by scire facias, the writ shall be served in likemanner as a summons upon the persons named therein, if to be foundwithin the county, and if not found in the county, then by fixing acopy of the writ upon the door of the building against which the claimis filed; and upon the return of service and failure of the defendants toappear, the court shall render judgment as in the case of a summons;but if they, or either of them, appear, they may plead and make defence,and the like proceedings shall be had as in personal actions for the re-covery of debts: Provided, That no judgment rendered in such scirefacias shall warrant the issuing an execution, except against the buildingor buildings upon which the lien existed as aforesaid.

Approved, March 2, 1833.

Chap. LXXXII .—An Act authorizing an alteration in the election districts formembers of the legislative council of the territory of Michigan .

Pc it enacted by the Senate and House of Representatives of the UnitedStates of America, in Congress assembled, That the legislative council ofthe territory of Michigan be, and hereby is, authorized to provide forsuch alterations in the election districts of said territory as will moreeffectually secure to the different sections of said territory a more equalrepresentation in said legislative council.

Sec. 2. And be it further enacted, That if the said legislative councilshall have adjourned before the first day of April next, the governor ofsaid territory shall, by proclamation, district the said territory accordingto the provisions of the foregoing section.

Approved, March 2, 1833.