Page:United States Statutes at Large Volume 31.djvu/586

 534 FIFTY-SIXTH CONGRESS. SEss. I. Ch. 786. 1900. and shall work a forfeiture of the entire interest on the debt. The court before which such action is prosecuted shall render jud ent for the amount due, without interest, on the sum loaned or the deililcontracted, against the defendant and in favor of the plaintiff and against the _ plaintiff for costs of action, whether such action be contested or not. c0·,'§§“,f§;°,$,§"§°,§},'g$§§ Sec. 259. Nothing in this code shall be construed to prevent the ¤m¤¤¤¤1>¤idyf¤r S¤¤=¢- proper bona fide ass1gnee of any usurious contract recovering- against is immediate assignor, or the original usure1·, the full amount paid by him for such contract, but the same may be recovered by ro r action in any court having competent jurisdiction: Provided, Shcdwassignee had no notice of the usury affectin the contract. 1ug{·€rtgg§`g§a8é¥eg Sec. 260. All contracts made and entered into in the district by and yg;?$>l¤¤1wr*¤x¤—· between borrower and lende1·, debtor, and creditor, or mortgagor and ` mortgagee, on which the rate of interest is__eight per centum or under, whcreby· one party shall agree to pay the taxes. on the debt, credit, or mortgagegicgisting or entered into between such parties, be, and the same are hereby, declared legal and valid and shal not be deemed or M htaken to be usurious. - _ madem .§ch’.,,.,e§ V Sec. 261.. All contracts entered into under. section two hundred and - sixty, may be enforced by the parties thereto in the courts of the district? Provided, In making the assessments of credits, loans, or mort~ gages the same shall be assessed to the holder thereof. CHAPTER TWENTY-EIGHT. 01-* THE LIENS or MECHANICS, LABCRERS, AND OTHERS. Sec. . Sec.. 262. Lien, to whom given. 270. Suits to enforce liens must be before 263. Lien extends to the land. _ commissioner. 264. Priority between liens and mort; 271. Payment by owner of building does gages. · not prevent lien, when. . 265. Owner of land charged as owner of 272. Amount of recovery not to exceed buildin§, when. _ amountdueon contract; exception. 266. Claun of en must be filed. 273. Building matemals, when not subject 267. Commissioner must record liens. to attachment. _ 268. Foreclosure must be commenced in 274. Definitions. _six months. i 275. Existing liens and proceediugsthere· 269. Lien for grading street, etc. under not impaired. ·i§·,§u€“· '° ”b°m Sec. 262. Every mechanic, artisan, machinist, builder, contractor, lumber merchant, laborer, teamster, drayman, and other persons performing labor upon or furnishin ·mater1al, of any kind to be use in the construction, development, agteration, or repair, either in whole or in part, of any building, wharf, bridge, iiume, mine, tunnel, fence, machinery, or aqueduct, or any structure or superstructure, shall have a lien upon the same for the work or labor done or material furnished at the instance of the owner of the building or other improvement or his agent; and every contractor, subcontractor, architect, builder, or other person having charge of the construction, alteration, or repair, in whole or in part, of any building or other im rovement as a ore- Eid shgll be held to be the agent of the owner fdr the purposes of . IS co e.. mY;},€·* °x°°¤d¤ *°“¤° _Sec. 263. The land upon which any building or other improvement ` as aforesaid shall be constructed,· togetherwith a conven1ent space about the same, or so much as may be required for the convenient use and occupation thereof (to be determined by the judgment of the court at the time of the foreclosure of such lien), and the mine-on which the labor was performed or for which the material was furnished shall also be subject to the liens created by this code if, at the time the work was commenced or the materials for the same had been commenced to be furnished, the land belonged to the person who caused the building orother improvement to be constructed, altered, or repaired; but if such person owned less than a fee-simple estate in such land, then only his interest therein shall be subject to such lien; and in case such inter-