Page:United States Statutes at Large Volume 31.djvu/589

FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786, 1900. 537 Sec. 272. An contractor shall be entitled to recover n n a lien filed Am°“¤'=°‘ *°¤°*‘°*>' by him only sucxh amount as may be due to him accordinlgoto the terms giil¤tg»i}?<$¤ii1::&°`$I}E of his contract, after deducting all claims of other parties for work °°p"°"‘ done and materials furnished as aforesaid; and in all cases where alien shall be filed under this chapter for work done or materials furnished to any contractor he shall defend any action brought thereupon at his own e ense, and during the pendency of such action the owner may withhgld from the contractor the amount of money for which such lien is Bled; and in case of judgment against the owner or his property upon the liens the owner shall be entitled to deduct from any amount due or about to become due by him to the contractor the amount of such judgment and costs; and if the amount of such judgment and costs shall exceed the amount due by him to the contractor, or if the owner shall have settled with 'the contractor in full, he shall be entitled to recover back from the contractor any amount so aid by him, the owner, in excess of the contract price, and for which the contractor was originallyvtgie party liable. Sec. 273. enever any mechanic, artisan, machinist, builder, lum- w,§ggl*§gg gggjgjqg ber merchant, contractor, labore1·, or other person shall have furnished macumem. . or procured any materials for use in the construction, alteration, or repair of any building or other improvement, such materials shall not be subject to attachment, execution, or other legal process to enforce any debt due by the purchaser of such materials except a debt due for the purchase money thereof, so long as in good faith the ·same have been or are about to be applied to the construction, alteration, o1· re air of such buildin , structure, or other improvement. gmc. 274. The wordi "building or other improvement," wherever ¤¤¤¤i¤<>¤¤- the same are used in this chapter, shall be held to include and apply to any wharf, bridge, ditch, ilume, tunnel, fence, machinery, a ueduct to create hydraulic power, or for mining or other purposes, add all other structures and superstructures, whenever the same can be made applicable thereto; and the words " construction, alteration, or repa1r,” wherever the same are used herein, shall be held to include partial construction, and all repairs done in and upon any building or other im rovement. A ‘ gmc. 275. Nothing contained in this chapter shall affect any lien rgcxggglglz Mags ¤¤d heretofore acquired, but the same may be enforced by the provisions ger not rmg;m§i?u°` of this cha ter; and where actions are now pending the proceedin s, after this chapter goes into effect, may be conducted according to tgis cha ter. " P CHAPTER TVVENTY—1\'INE. _ OF LIENS ON PERSONAL PROPERTY. 'sec, Sec. 276.- Liens forlabor on personal property. 286. Filing claim and form thereof. 277. Lien of carriers, storers of merchan- 287. Filing claim for stumpage. disc, and agisters of cattle. 288. Record of claim. ‘ 278. Proceedings to enforce such liens. 289. Limitation for bringing action. 279. Agreements not to be interfered 290. Jurisdiction. iwith. ‘ 291. Against what timber lien may be 280. Lien for labor on log. _ I enforced. ' 281. Lien on lumber for bor performed 292. Jomder of liens. thereon. 293. Judgment lien; execution. 282. Lien for stumpage. 294. Sale when property is subject to loss 283. Preferred liens. or destruction. 284. limitation of lien for labor. 295. Preventing the identification of tim- 285. Limitation of lien for stumpage. ber subject to lien. Sec. 276. Any person who shall make, alter, repair or bestow labor Liens fcr lnboy on on any article of personal property at the request of the owner or law- °°”°°°1 "°p°"" .ful possessor thereof shal have alien upon such property so made, altered, or repaired, or upon which labor has been bestowed, for his just and reasonable charges for the labor he has performed and the