Sec. 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 appertenances of any building on such land or lot, 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 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 filing of the bill or petition in the clerk’s office, and sueing out a summons thereon, shall be deemed the commencement 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 premises 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 plaintiff’s action; and upon the filing 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 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 court 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 the proceedings before that 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 plaintiff 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.

Sec. 8. Every defendant served with process ten days before the return day thereof, shall answer the bill or petition on or before the day on which the cause shall be set for trial on the docket, and the issue or issues in the cause shall be made up under the direction of the court, and oral testimony shall be received as in cases at law.

Sec. 9. Notice given to parties by publication in newspapers, under the direction of the court, shall be equivalent to personal service of such notice.

Sec. 10. In proceedings under this act, all persons interested in the subject matter of the suit, or in the premises intended to be sold, may, on application to the court wherein the suit is pending, become parties at any time before final judgment.

Sec. 11. Upon questions arising between different creditors, no preference shall be given to him whose contract was first made.

Sec. 12. Upon the trial of causes under this act, the court shall ascertain the amount due each creditor, and shall direct the application of the proceeds of sales to be made to each in proportion to their several amounts.

Sec. 13. When the owner of the land shall have failed to perform his part of the contract, and by reason thereof the other part shall, without his own default, have been prevented from performing his part, he shall be entitled to a reasonable compensation for as much thereof as he has performed in proportion to the price stipulated for the whole, and the court shall adjust his claim accordingly.

Sec. 14. If any part of the premises can be separated from the residue, and sold without damage to the whole, and if the value thereof should be sufficient to satisfy all the claims proved in the cause, the court may order a sale of that part.

Sec. 15. Parties entitled to liens under the provisions of this act, whose claims are not due or payable at the time of the commencement of suit by any other party, shall be permitted to become parties to the suit, and their claims shall be allowed, subject to a reduction of interest from the date of judgment to the time such claim is due or payable.

Sec. 16. In cases under this act, where there are several claimants, the issue of law and fact, or either, may be tried separately, and in no case shall the want of preparation for trail to one claim, delay the trial in respect to others; but trials shall be had upon issues between such parties as are prepared,

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without reference to issues between other parties; and when one creditor shall have obtained a verdict or judgment for the amount due, the court may order a sale of the premises on which the lien operates or a part thereof, so as to satisfy the judgment: Provided, That the court may, for good causes shown, delay making any order of sale until the rights of all parties in interest shall be ascertained and settled by the court.

Sec. 17. If the person who procures work to be done, or materials furnished, has an estate for life only, or any other estate less than a fee simple in the land or lot on which the work is done, or materials furnished, or if such land or lot, at the time of making the contract, is mortgaged, or under any other incumbrance, the person who procures the work or materials, shall nevertheless be considered as the owner within the meaning of this act, to the extent of his right and interest in the premises; and the lien herein provided for, shall bind his whole estate and interest therein, in like manner as a mortgage would have done; and the creditor may cause the right of redemption, or whatever other right or estate such owner had in the land at the time of making the contract, to be sold, and the proceeds of sale applied according to the provisions of this act.

Sec. 18. Suits may be instituted under the provisions of this act in favor of administrators or executors, and may be maintained against the representatives in interest of those against whom the cause of action accrued; and in suits instituted under the provisions of this act, the representatives of any party who may die pending the suit, shall be made parties as though it was a suit in chancery.

Sec. 19. Upon proceedings under this act, parties claiming may contest each other’s rights as well with respect to amount due, as with respect to their right to the benefit of the lien hereby created; and upon all questions made by parties, the court shall require issues of law or fact to be formed, so as to to bring about a speedy decision thereof.

Sec. 20. No incumbrance upon land created before or after the making of a contract, under the provisions of this act, shall operate upon the building erected, or materials furnished, until the lien in favor of the person doing the work or furnishing the materials, shall have been satisfied; and upon questions arising between previous incumbrances and creditors, under the provisions of this act, the previous incumbrance shall be preferred to the extent of the value of the land at the time of making the contract, and the court shall ascertain by jury or otherwise, as the case may require, what proportion of the proceeds of any sale shall be paid to the several parties in interest.

Sec. 21. Parties in interest, within the meaning of this act, shall include all persons who may have any legal or equitable claim to lands or lots upon which a lien may be attempted to be enforced under the provisions of this act.

Sec.[Section] 22. Creditors who file bills or petitions under this act, may contest the validity of incumbrances, as well in regard to amount as to their justice; and any incumbrance, whether by mortgage, judgment or otherwise, charged and shown to be fraudulent in respect to such creditor, or in respect to creditors generally, may be set aside by the court, and the premises made subject to the claim of the creditor freed and discharged from such fraudulent incumbrance.

Sec. 23. In proceedings under this act, the courts are vested with all the powers of courts of chancery, and shall be governed by the rules of proceeding and decision in these courts, so far as that power may be necessary to carry into full and complete effect the provision hereof, and so far as those rules of proceeding and decision are applicable to cases and questions presented for adjudication and decision.

Sec. 24. No creditor shall be allowed to enforce the lien created under the provisions of this (act,) as against or to the prejudice of any other creditor or any incumbrance, unless suit be instituted to enforce such lien, within six months after the last payment, for labor or materials, shall have become due and payable.

Sec. 25. Nothing contained in this act shall be construed to prevent any creditor from maintaining an action at law upon this contract, in like manner as if he had no lien for the security of his debt.

Sec. 26. If upon making sale of any premises under this act, the proceeds of such shall not be sufficient to pay the claims of all parties according to their rights, the judgment shall be credited by the amount of such sale, and execution may issue in favor of any creditor whose claim is not satisfied for the balance due, as upon a judgment in actions of debt of assumpsit; and in case of excess of sales over the amount of judgment, such excess shall be paid to the owner of the land, or to the person who may be entitled to the same, under the direction of the court.

Sec. 27. The costs of proceeding under this act, as between creditors claiming liens and the person against whom the lien is intended to be enforced, shall abide the event of the suit; and the costs, as between creditors aforesaid, in contest relative to each others’ claims, shall be subject to the order of the court, and the same rule shall prevail in respect to costs growing out of proceed (proceedings) against and between incumbrances.

Sec. 28. The act entitled “An act for the benefit of mechanics, approved 22d February, 1833,” is hereby repealed; but rights acquired and liabilities incurred, under that act, shall not be affected by the repeal thereof. This act shall take effect on the first day of May next.