SEC. 3206. Parties to suit, who shall be.-Any person or corporation owning or operating the railroad to which said liens may apply, shall, in each instance, be made a party defendant in all suits for enforcing said liens; but it shall not be necessary to make the party with whom the contract was made for doing the work and labor, or for furnishing of material, a party defendant in such suit; but such party or parties may, at the option of the plaintiff, be made parties defendant, in which case process may be awarded and served as other writs of summons in any county in this State.

SRC. 3207. Pleadings, etc., to be as in other civil cases.-The plead. ings, practice, process and other proceedings, in cases arising under this article, shall be the same as in ordinary civil actions and civil proceedings in circuit courts, except as herein otherwise provided; the petition, among other things, shall allege the facts necessary for securing a lien under this article, and a description of the property charged therewith.

SEC. 3208. Court may render judgment to amount claimed.-The court shall ascertain by fair trial, in the usual way, the amount of the indebtedness for which the lien is prosecuted, and may render judgment therefor in any sum not exceeding the amount claimed in the demand filed with the lien, together with interests and costs, although the creditor may have unintentionally failed to enter the full amount of credits in his account filed, to which the defendant may be entitled; but no personal judgment shall be rendered thereon except as against such defendants as might be sued thereon in an ordinary action at law.

SEE. 3209. Judgment by default.-Judgment by default shall be rendered against every defendant, who, after being summoned or notified, according to law, shall not appear and plead or answer within the time allowed in ordinary civil actions.

SEC. 3210. Judgment on constructive notice.-When the defendant has not been served with a summons according to law, and has not appeared, but has been lawfully notified by publication, the judgment, if for the plaintiff, shall be that he recover the amount of the indebtedness found to be due, and costs of suit, to be levied out of the property charged with the lien therefor, which said property shall be correctly described in said judgment.

SEC. 3211. Judgment on personal service.-When the defendant has been served with summons according to law, or appears to the action without service, the judgment, if for the plaintiff, shall be against such defendant, as in ordinary cases, with the addition, that if no sufficient property of the defendant can be found to satisfy such judgment

and costs of suit, then the residue thereof be levied, as provided in the next preceding section.

SEC. 3212. The plaintiff may have execution.-The execution to be issued, shall be a special fieri facias, and shall be in conformity with the judgment; and such writ shall be returnable as in ordinary executions, and the advertisement, sale and conveyance of real estate under the same shall be made as under ordinary executions.

SEC. 3213. Satisfaction to be entered, when and how.-Whenever any debt, which is a lien upon any building or other improvement, shall be paid and satisfied, the creditor, if required, shall acknowledge such satisfaction upon the records of the margin thereof, which satisfaction shall be certified by the clerk to the Secretary of State within ten days after the same has been entered upon the margin of the judgment of record in his office. And the clerks of the circuit courts and the Secretary of State shall receive, as full compensation for services performed by them, as is provided for under this chapter for mechanics" liens.

SEC. 3214. Parties refusing to satisfy, penalty.-If any creditor refuse to enter satisfaction within ten days after payment and request, as aforesaid, he shall be liable to any person injured to the amount of such injury and costs of suit.

SEC. 3215. Proceeds, when distributed pro rata.-In all cases where judgments have been rendered and a sale has been ordered, and the property sold to which said liens attach, the proceeds arising from such sale, if not sufficient to discharge all liens on which judgments have been rendered before such sale shall be made, shall be distributed pro rata upon such judgments, as if the filing of the said liens had been all of the same date; and when such judgments have been, by such sales or otherwise, wholly or partially paid and satisfied, the clerks shall enter upon the records the amount or amounts so paid, with a correct description of the real property sold, and within the time and in like manner certify the same to the Secretary of State, as heretofore provided.

SEC. 3216, Sub contractors' lien.-In all cases arising under the provisions of this article, where notice of lien shall be filed by a subcontractor for work and labor performed, or materials furnished, such sub contractor, in case of suit brought to enforce lien, shall not be entitled to recover, as against the corporation or individual owning the property to which the lien applies, at any greater rate for the work and labor performed, or materials furnished, than was agreed upon between said corporation or individual and the original contractor for doing said work or furnishing the materials.

MECHANICS' LIENS.

SEC. 3172. Mechanics and others to have liens, when-Every mechanic or other person who shall do or perform any labor or work upon, or furnish any materials, fixtures, engine, boiler or machinery for any building, erection or improvements upon land, or for repairing the same, under or by virtue of any contract with the owner or proprietor thereof or his agent, trustee, contractor or sub-contractor, upon complying with the provisions of this article, shall have, for his work or labor done, or materials, fixtures, engine, boiler or machinery furnished, a lien upon such building, erection or improvements, and upon the land belonging to such owner or proprietor on which the same are situated, to the extent of one acre ; or, if such building, erection or improvement be upon any lot of any land in any town, city or village, then such lien shall be upon such building, erection or improvements and the lot or land upon which the same are situated, to secure the payment for such work or labor' done, or materials, fixtures, engine, boiler or machinery furnished as aforesaid.

SEC. 3173. The amount of property subject to lien.-The entire land, to the extent aforesaid, upon which any such building, erection or other improvement is situated, including as well that part of said land which is not covered with such building, erection or other im provement, as that part thereof, which is covered with the same, shall be subject to all liens created by this article, to the extent and only to the extent of all the right, title and interest owned therein by the owner or proprietor of such building, erection or other improvement, for whose immediate use or benefit the labor was done or things were furnished.

SEC. 3174. Priority of lien over other encumbrances.-The lien for the things aforesaid, or work, shall attach to the buildings, erections or improvements for which they were furnished or the work was done, in preference to any prior lien or incumbrance or mortgage, upon the land upon which said buildings, erections, improvements or machinery have been erected or put; and any person enforcing such lien may have such building, erection or improvement sold under execution, and the purchaser may remove the same within a reasonable time thereafter.

SEC. 3175. Lien in cases of leased property.-Every building or other improvement erected, or materials furnished, according to the provisions of this article, on leased lots or lands, shall be held for the debt contracted for, or on account of same, and also the leasehold term for such lot and land on which the same is erected; and in case the

lessee shall have forfeited his lease, the purchaser of the building and leasehold term, or so much thereof as remains unexpired under the provisions of this article, shall be held to be assignees of such leasehold term, and as such shall be entitled to pay to the lessor all arrears of rent or other money, interests and costs due under said lease, unless the lessor shall have regained possession of the leasehold land or obtained judgment for the possession thereof on account of the non-compliance by the lessee with the terms of the lease, prior to the commencement of the improvements therein; in which case the purchaser of the improvements, under this article, shall have the right only to remove the improvements within sixty days after he shall purchase the same, and the owner of the ground shall receive the rent due him, payable out of the proceeds of the sale, according to the terms of the lease, down to the time of removing the building.

SEC. 3176. Lien to be filed with circuit clerk.-It should be the duty of every original contractor, within six months, and every journeyman and day laborer within thirty days, and of every other person seeking to obtain the benefit of the provisions of this article, within four months after the indebtedness shall have accrued, to file with the clerk of the circuit court of the proper county, a just and true account of the demand due him or them, after all just credits have been given, which is to be a lien upon such building or other improvements, and a true description of the property, or so near as to identify the same upon which the lien is intended to apply, with the name of the owner or contractor, or both, if known to the person filing the lien, which shall in all cases be verified by the oath of himself or some credible person for him.

SEC. 3177. Clerk shall make abstract of lien.-It shall be the duty of the clerk of the circuit court to endorse upon every account the date of its filing, and make an abstract thereof, in a book by him to be kept for that purpose, and properly endorsed and indexed, containing the date of its filing, the name of the person seeking to enforce the lien, the amount claimed, the name of the person against whose property the lien is filed, and a description of the property charged with the same, for all which the clerk shall receive as full compensation the sum of one dollar from the person filing the account or seeking to enforce the lien, which shall be taxed and collected as other costs, in case there be an action thereon.

SEC. 3178. Lien shall have precedence over all subsequent encumbrances.-The lien for work and materials, as aforesaid, shall be preferred to all other encumbrances which may be attached to, or upon such buildings, bridges or other improvements, or the ground, or either

of them, subsequent to the commencement of such buildings or improvements.

SEC. 3179. Pleadings, etc., to be as in other civil cases.-The pleadings, practice, process and other proceedings in cases arising under this article, shall be the same as in ordinary civil actions, and proceedings in circuit courts, except as herein otherwise provided. The petition, among other things, shall allege the facts necessary for securing a lien under this article, and shall contain a description of the property charged therewith.

SEC. 3180. Who may be made parties.-In all suits under this article, the parties to the contract shall, and all other persons interested in the matter in controvery, or in the property charged with the lien, may be made parties, but such as are not made parties will not be bound by any such proceedings.

SEC. 3181. When administrator to be made party.-In case of the death of any of the parties specified in the next preceding section, whether before or after suit brought, the executor or administrator of such deceased party shall be made plaintiff or defendant as the case may require, and it shall not be necessary to make the heirs or devisees of such deceased person, parties to said suit; but if there is no executor or administrator of such deceased person, then his heirs or devisees may be made parties, and if any of said heirs or devisees are minors under the age of twenty-one years, their guardians shall be made parties with them; but if such minor shall have no guardians, the court in which the suit is pending, shall appoint guardians ad litem for them, in the same manner and under the same rules and regulations as guardians ad litem are appointed in proceedings for partition of real estate, and the judgment and proceedings of such court in any such suits shall be as binding on such minors as if they were over the age of twenty-one years.

SEC. 3182. The judgment.-The court shall ascertain, by a fair trial in the usual way, the amount of the indebtedness for which the lien is prosecuted, and may render judgment therefor in any sum not exceeding the amount claimed in the demand filed with the lien, together with interest and costs, although the creditor may have unintentionally failed to enter in his account filed, the full amount of credits to which the debtor may be entitled.

SEC. 3183-Judgment by default.-Judgment shall be rendered by default against every defendant who, after being summoned or notified according to law, shall not appear and plead within the time allowed in ordinary civil actions.

SEC. 3184. Judgment in constructive notice.-When the debtor has not been served with summons according to law, and has not appeared,