Sec[Section]. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly That any person who shall by contract with the owner of any piece of land or town lot, furnish labor or materials for erecting or repairing any building or the appurtenances of any building on such land or lots, shall have a lien upon the whole tract of land or town lot in the manner herein provided for the amount due to him for such labor or materials.

Sec. 2 The lien shall extend to all work done and materials furnished under the provisions of the contract whether the kind or quantity of work or amount to be paid be specified or not provided that the time of completing the contract shall not be extended for a longer period than three years nor the time of payment beyond the period of one year, from the time stipulated for the completion thereof.

Sec 3. When any sum due by such contract shall remain unpaid for the space of sixty days after the same is payable, the creditor may, upon ^bill or^ petition to the Circuit Court of the County in which the land or lot lies obtain an order for the sale thereof, and for applying the proceeds of such sale to the discharge of his demand; and the fileing of the ^bill or^ petition in the clerks office and suing out a summons thereon, shall be deemed the Commencment of the suit.

Sec. 4. The ^bill or^ petition shall contain a brief statement of the Contract on which ^it^ is founded and of the amount due thereon, with a description of the premissies which are subject to the lien and all other material facts and circumstances necessary to a full understanding of the ^rights of the^ parties and shall be considered as the foundation of the Plaintiffs

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action and upon the fileing of which with the Clerk, a summons shall issue thereon against all persons made parties as ^is^ required upon filing bills in Chancery.

Sec. 5. For the purpose of bringing all parties in interest before the Court, the Court shall have power to permit amendments to any part of the pleadings, and to issue all process make all orders requiring parties, ^to appear^ and requiring notice to be given by publication in newspapers, that are or may be authorized in proceedings in chancery; and the Courts shall have the same power and jurisdiction over the parties and subject, that are or may be conferred upon Courts in Chancery in respect to proceedings before the Court.

Sec. 6. Suits instituted under the provisions of this act shall be placed upon the Common law docket and shall stand for trial at the term of the Court to which the summons is made returnable. The summons shall be served by the Sheriff, as other process, but if not served ten days before the return day thereof the Cause shall be Continued, unless the parties agree to a trial at that term of the Court.

Sec. 7. Defendants in proceedings under this act shall answer the ^bill or^ petition under oath and the plaintiffs shall except [or?] reply to the answer as though the proceeding was in Chancery: the answer shall be regarded as the plea of the defendant, and by the replication thereto [an?] issue or issues shall be formed, which shall be tried by the Court or by a Jury under the direction of the Court as the Court may direct or the parties agree.