Page images
PDF
EPUB

Sec. 996, 1169; Sec. 1225. EJECTMENT OR SUMMARY PROCEEDINGS. – R.S., D.C., 684.

Whenever a lease for any definite term shall expire, or any tenancy shall be terminated by notice as aforesaid, and the tenant shall fail or refuse to surrender possession of the leased premises, the landlord may bring an action of ejectment to recover possession in the supreme court of the District; or the landlord may bring an action to recover possession before a justice of the peace, as provided in

chapter one, subchapter one, aforesaid. Ib., act of 4 Geo. Sec. 1226. ARREARS OF RENT AND DOUBLE RENT.-In 2, ch. 28, sec. 1.

either case the landlord may join with his claim for recovery of the possession of the leased premises a claim for all arrears of rent accrued to the termination of the tenancy, and, when the tenant has given the notice, for double rent from the termination of the tenancy to the verdict, or judgment, if the trial be by the court. [for possession] and for damages for waste: Provided, That in such action before a justice of the peace the amount so claimed shall be within his jurisdiction. If judgment for possession be rendered in favor of the plaintiff, he shall be entitled, at the same time, to a judgment for said arrears of rent, and for said double rent, as the case may be, to the date of the verdict or judgment as aforesaid, and for damages for waste.

Sec. 1227. CONSOLIDATION OF ACTIONS.—If actions be brought separately, either in said supreme court or before a justice of the peace, for arrears of rent and for the possession, they may be afterwards consolidated and one judgment rendered in them for the possession and also for

the rent. R.S., D.C.,687.

Sec. 1228. PLEA OF TITLE.—If, in such action to recover possession before a justice of the peace, the defendant shall plead a title in himself or in some person under whom he claims, not derived from the plaintiff, the further proceeding therein shall be as directed in said subchapter one of chapter one aforesaid.

Sec. 1229. LIEN FOR RENT.—The landlord shall have a 599; 37 L. R., 147 tacit lien for his rent upon such of the tenant's personal 23 D.C. App., 170;

chattels, on the premises, as are subject to execution for 30. T. Pop.1103 ; debt, to commence with the tenancy and continue for D.C. App:7447. three months after the rent is due and until the termina

tion of any action for such rent brought within said three months.

Sec. 1230. HOW ENFORCED.—The said lien may be enSoutherland, D. C. App., 595; forced36 D.C. App.,599.

First. By attachment, to be issued upon affidavit that the rent is due and unpaid; or, if it be not due, that the defendant is about to remove or sell some part of said chattels.

Second. By judgment against the tenant and execution, to be levied on said chattels, or any of them, in whosesoever hands they may be found.

Third. By action against any purchaser of said chattels, with notice of the lien, in which action the plaintiff may

Philip 0. Seckendori, 38 L. R.,

25 D.C. App., 359;

Robertson v.

22

Ib.; sec. 1219; Ridout v. Chap

have judgment for the value of the chattels purchased by the defendant not exceeding the rent in arrear.

Sec. 1231. Ilow ATTACHMENT ENFORCED.-Such attachment may be issued in any action for the recovery of the possession of the leased premises by the landlord, in which the rent in arrear, or double rent, or both, shall be claimed as aforesaid, and it shall be lawful for any officer to whom the writ of attachment shall be delivered to be executed to break open an outer or inner door when necessary to the execution of the same.

Sec. 1232. APPEAL.–Either party against whom judg- 23Brown vSlater: ment is rendered by a justice of the peace, in the action Dowling v Buck aforesaid by the landlord to recover possession of the 283.27 D.C. App., leased premises, may appeal from such judgment, and such appeal shall be tried in the supreme court in the same manner in which appeals from justices of the peace are taken and tried in other cases.

Sec. 1233. UNDERTAKING ON APPEAL.-In case of an appeal by the defendant his undertaking, in order to oper- man, 27 D. E. ate as a supersedeas, shall be an undertaking to abide by and pay the judgment rendered by the justice of the peace, if it shall be aflirmed, together with the costs of the appeal, and to pay all intervening damages to the leased property and compensation for the use and occupation thereof, from the date of the judgment appealed from to the date of its affirmance; and in said undertaking the said defendant and his sureties, the latter submitting themselves to the jurisdiction of the court, shall agree that if the judgment be affirmed judgment may be rendered against them by the appellate court for the amount of the judgment so aflirmed and the intervening damages, compensation, and costs aforesaid. Sec. 1234. ASSIGNEE OF REVERSION.--The grantee or

Stat. 32, Hen. 8,

ch. 34, sec. 1, 2. assignee of the reversion of any leased premises shall have the same right of action against the lessee, his personal representatives, heirs, or assigns, for rent or for any forfeiture or breach of any covenant or condition in the lease which the grantor or assignor might have had; and the assignee of the lessee shall have the same rights of action against the lessor, his grantee, or assignee, upon any covenants in the lease which the lessee might have had against the lessor.

Sec. 1235. Whenever real and personal property shall be leased together, as, for example, a house with the furniture contained therein, the landlord, either in an action of ejectment or in the summary proceeding for possession, before a justice of the peace, provided for in subchapter one of chapter one, may have a judgment for recovery of the personalty as well as for the recovery of the realty.

Sec. 1236. AGREEMENT AS TO NOTICE. —Nothing herein contained shall be construed as preventing the parties to a lease, by agreement in writing, from substituting a longer or shorter notice to quit than is above provided or to waive all such notice.

Sec. 1219.

CHAPTER XL.

LIENS.

Alfred R. Brick Co. v. Trott, 23 D.

[merged small][ocr errors]

Ib.; 37 L. R.,

Sec. 1237. MECHANIC'S LIEN.-Every building erected, ¢. App., 290; 37 improved, added to, or repaired by the owner or his agent, c. App., 409; 16 and the lot of ground on which the same is erected, being Die Appu: 162: all the ground used or intended to be used in connection 1 D. C. App., 351; therewith, or necessary to the use and enjoyment thereof, 2. Stat: 24938 L. to the extent of the right, title, and interest, at that time

existing, of such owner, whether owner in fee or of a less
estate, or lessee for a term of years, or vendee in posses-
sion under a contract of sale, shall be subject to a lien in
favor of the contractor with such owner or his duly
authorized agent for the contract price agreed upon
between them, or, in the absence of an express contract,
for the reasonable value of the work and materials fur-
nished for and about the erection, construction, improve
ment, or repair of or addition to such building, or the
placing of any engine, machinery, or other thing therein
or in connection therewith so as to become a fixture,
though capable of being detached: Provided, That the
person claiming the lien shall file the notice herein pre-
scribed.

Sec. 1238. NOTICE.—Any such contractor wishing to 409; 16 D. C. App., avail himself of the provision aforesaid, whether his 462 14D.C. APP: claim be due or not, shall file in the office of the clerk of 1998; Byrneo, Mot: the supreme court of the District during the construction 1 D. C. App., 378 or within three months after the completion of such insufficiency; building, improvement, repairs, or addition, or the

placing therein or in connection therewith of any engine,
machinery, or other thing so as to become a fixture, a
notice of his intention to hold a lien on the property
hereby declared liable to such lien for the amount due or
to become due to him, specifically setting forth the amount
claimed, the name of the party against whose interest a
lien is claimed, and a description of the property to be
charged, and the said clerk shall file said notice and record
the same in a book to be kept for the purpose.

Sec. 1239. SUBCONTRACTOR.Any person directly em

D.
c. App., 520; 7: ployed by the original contractor, whether as subcon-
C. App., 322; 6 D.
C. App., 247. tractor, material man, or laborer, to furnish work or

materials for the completion of the work contracted for
as aforesaid, shall be entitled to a similar lien to that of
the original contractor upon his filing a similar notice
with the clerk of the supreme court of the District to that
above mentioned, subject, however, to the conditions set
forth in the following sections.

L. R., 246, 248.

Ib.; 16 D. C.

Sec. 1240. CONDITIONS.-All such liens in favor of Ib. parties so employed by the contractor shall be subject to the terms and conditions of the original contract except such as shall relate to the waiver of liens and shall be limited to the amount to become due to the original contractor and be satisfied, in whole or in part, out of said amount only; and if said original contractor;, by reason of any breach of the contract on his part, shall be entitled to recover less than the amount agreed upon in his contract, the liens of said parties so employed by him shall be enforceable only for said reduced amount, and if said original contractor shall be entitled to recover nothing said liens shall not be enforceable at all.

Sec. 1241. NOTICE TO OWNER.— The said subcontractor Ib. or other person employed by the contractor as aforesaid, besides filing a notice with the clerk of the supreme court as aforesaid, shall serve the same upon the owner of the property upon which the lien is claimed, by leaving a copy thereof with said owner or his agent, if said owner or agent be a resident of the District, or if neither can be found, by posting the same on the premises; and on his failure to do so, or until he shall do so, the said owner may make payments to his contractor according to the terms of his contract, and to the extent of such payments the lien of the principal contractor shall be discharged and the amount for which the property shall be chargeable in favor of the parties so employed by him reduced.

Sec. 1242. OWNER'S DUTY.-After notice shall be filed Ib. by said party employed under the original contractor and a copy thereof served upon the owner or his agent as aforesaid, the owner shall be bound to retain out of any subsequent payments becoming due to the contractor a sufficient amount to satisfy any indebtedness due from said contractor to the said subcontractor, or other person so employed by him, secured by lien as aforesaid, otherwise the said party shall be entitled to enforce his lien to the extent of the amount so accruing to the principal contractor.

Sec. 1243. SUBCONTRACTOR ENTITLED TO KNOW TERMS OF CONTRACT.-Any subcontractor or other person employed by the contractor as aforesaid shall be entitled to demand of the owner or his authorized agent a statement of the terms under which the work contracted for is being done and the amount due or to become due to the contractor executing the same, and if the owner or his agent shall fail or refuse to give the said information, or willfully state falsely the terms of the contract or the amounts due or unpaid thereunder, the said property shall be liable to the lien of the said party demanding said information, in the same manner as if no payments had been made to the contractor before notice served on the owner as aforesaid.

Sec. 1244. ADVANCE PAYMENTS.-If the owner, for the Ib. purpose of avoiding the provisions hereof, and defeating

Ib.

the lien of the subcontractor or other person employed by the contractor, as aforesaid, shall make payments to the contractor in advance of the time agreed upon therefor in the contract, and the amount still due or to become due to the contractor shall be insufficient to satisfy the liens of the subcontractors or others so employed by the contractor, the property shall remain subject to said liens in the same manner as is such payments had not been

made. 14 D. C. App., 113; 13 D. C.APP.,

Sec. 1245. PRIORITY OF LIEN.—The lien hereby given 581 23 Stat., 61." shall be preferred to all judgments, mortgages, deeds of

trusts, liens, and incumbrances which attach upon the building or ground affected by said lien subsequently to the commencement of the work upon the building, as well as to conveyances executed, but not recorded, before that time, to which recording is necessary, as to third persons; except that nothing herein shall affect the priority of a mortgage or deed of trust given to secure the purchase money for the land, if the same be recorded within ten days from the date of the acknowledgement thereof. When a mortgage or deed of trust of real estate securing advances thereafter to be made for the purpose of erecting buildings and improvements thereon is given, or when an owner of lands contracts with a builder for the sale of lots and the erection of buildings thereon, and agrees to advance moneys toward the erection of such buildings, the lien hereinbefore authorized shall have priority to all advances made after the filing of said notices of lien, and the lien shall attach to the right, title, and interest of the owner in said building and land to the extent of all advances which shall have become due after the filing of such notice of such lien, and shall also attach to and be a lien on the right, title, and interest of the person so agreeing to purchase said land at the time of the filing of said notices of lien. When a building shall be erected or repaired by a lessee or tenant for life or years, or a person having an equitable estate or interest in such building or land on which it stands, the lien created by this act shall only extend to and cover the interest or estate of such lessee, tenant, or equitable owner.

Sec. 1246. HOW LIEN ENFORCED.-The proceeding to 786; 8 D. C. App., 249; 1 D.C. App., enforce the lien hereby given shall be a bill in equity, 378; 1 D.C. App.. which 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 clerk, and a copy thereof served on the owner or his agent, if so served, and the time when the building or the work thereon was completed, with a description of the premises and other material facts; and shall pray that the premises be sold and the proceeds of sale applied to the satisfaction of the lien. "If such suit be brought by any person entitled other than the principal contractor, the latter shall be made a party defendant, as well as all other persons who

14 D. C. App.,

23 Stat., 64

« PreviousContinue »