Page:United States Statutes at Large Volume 31.djvu/1439

 FIFTY—SIXTH CONGRESS. Sess. II. Ch. 854. 1901. 1387 the buildings and the land on which they are erected as one building, or they may be sold separately if it shall seem best to the court. Sec. 1251. WHEN smzr TO BE coMm=:Ncm>.—Any person entitled coxgggmggit ¤> be to a lien, as aforesaid, may commence his suit to enforce the same at ' any time within a year from and after the filing of the notice aforesaid or within six months from the completion of the building or repairs aforesaid, on his failure to do which the said lien shall cease to exist, unless his said claim be not due at the expiration of said periods, in which case the action must be commenced within three months after the said claim shall have become due. S Sec. 1252. EXTENT or e1zoUN1> BOUND BY L1EN.—If there be any ‘E¤¢¤r;= lei ground contest as to the dimensions of the ground claimed to be subjected to rm Y ml" the lien aforesaid, the court shall determine the same upon the evidence and describe the same in the decree of sale. Sec. 1253. ENTRY or SATISFA(7fION.—WhGDOV6Y any person having iE¤¤y Of ¤¤¤¤f¤¤· a lien by virtue hereof shall have received satisfaction of his claim t°n` and cost, he shall, on the demand, and at the cost of the person interested, enter said claim satisfied, in the clerk’s office aforesaid, and on his failure or refusal so to do he shall forfeit fifty dollars to the party aggrieved, and all damages that the latter may have sustained by reason of such failure or refusal. A Sec. 1254. PAYMENT INTO COURT AND RELEAsE.—In any suit to Pzyment inw coun enforce a lien hereunder, the owner of the building and premises to me act m°°s°' which such lieu may have attached, as aforesaid, may be allowed to pay into court the amount claimed by the lienor, and such additional amount, to cover interest and costs,. as the court may direct, or he -0rb¤¤<1¢<>p¤rju<1e- may file a written undertakin, with two or more sureties, to be m°°t' approved by the court, to the egect that he and they will pay the judgment that may be recovered and costs, which `udgment shall be rendered against all the persons so undertaking. bn the payment of said money into court, or the approval of such undertaking, the property shall be released from such lien, and any money so paid in shall be. subject to the final decree of the court. No such undertaking shall be —¤¤ti<>¤- approved by the court until the complainant shall have had at least two days’ notice of the defendant’s intention to a ply to the court ` therefor, which notice shall give the names and residhnces of the persons intended to be offered as sureties and the time when the motion for such approval will be made, and such sureties shall make oath, if required, that they are worth, over and above all debts and liabilities, double the amount of said lien. The complainant may appear and objectto such gpproval. Sec. 1255. NDERTAKING TO DISCHARGE LIENS Bnrorm starr.-- hvndergqkins r€>;1is· Such an undertaking as above mentioned may be offered before any §¤§ig° ms E or suit brought in order to discharge the property from existing liens, in which case notice shall be given as aforesaid to the parties whose liens it is sought to have discharged, and the same proceedings shall be had as above directed in relation to the undertaking to be given after the commencement of the suit, and said undertaking shall be to the eifect that the owner and his said sureties will pay any judgment that may be rendered in any suit that may thereafter be brought for the enforcement of said lien.iiii Sec. 1256. Dncrmn AGAINST SURETIES—If such undertaking be _Decree agaanmmeapproved before any suit brought, such suit shall be a suit in_equity ms" against the owner, to which the sureties may be made parties; if the undertaking be approved after suit brought, the said sureties shall ipso facto become parties to the suit, and in either case the decree of the court shall be against the sureties as well as the owner. - Sec. 1257. No ACTION BY SUBCONTRACTOR AGAINST OWNER.-—NO No action `b}‘_¤\1b· subcontractor, material man, or workman employed under the original §‘§‘,f§’,Tf’°°’ ag "' "'