Page:United States Statutes at Large Volume 31.djvu/587

 rirrr-six·rH CONGRESS. Sess. 1. cn. 780. 1900. 535 est hall be a leasehold interest, and the holder thereof shall have forfeited his riglhts thereto, the purchaser of such building or improvementcand lease old term, or so much thereof as remains unexpired at any sale under the provisions of this code, shall be held to be the assignee of such leasehold term; and as such shall be entitled ·to pay the lessor all arrears of rent or other money and costs due urider the lease, unless the lessor shall have regained possession of the land and property, or obtained jipdgment for the possession thereof, prior to the commencement of the construction, a teration, or repair of the buildinghor other imgrovement thereof; in which event the purchaser shall ave the rig t only to remove the building or other improvement within thirty days after he shall have purchased the same; and the owner of the land shall receive the rent due him, payable out of the proceeds of the sale, according to the terms of the lease, down to the time of such m§mvaL4Al dbth d lfl dhll md b Ec. 26 . · icn create yis co e upon any rce o an s a ° * °j”°°¤ be preferred to any lien, mortgage, or other incumpgrance which may um °m¥m°1`g°'g°°° have attached to the land subsequent to the time when the building or other improvement was commenced, or the materials were commenced - to be furnished and placed upon or adjacent to the land; also to any lien, mortgage, or other incum rance which was unrecorded at the time when —the building, structure, or other improvement was commenced, or other materials for the same were commenced to be furnished and placed upon or adjacent to the land; and all liens created by this code upon any building or other improvements shall be preferred to all prior liens, mortgages, or other incumbrances upon the land upon which the building or other improvement shall have been constructed or situated when altered or repaired; and in enforcing such lien, spch building or other improvement may be sold separately from the land, and when so sold the purchaser may remove the same, within a reasonable time thereafter, not to exceed thirty days, upon the payment to the owner of the land of a reasonable rent for its use from the date of its purchase to the time of removal: Provided If such removal be _ prevented by legal proceedings, the thirty days shall not- begin to run until the Hnal determination of such proceedings in the court of first resort or the appellate court if appea be taken. ¤ Sec. 265. Every building, or other improvement mentioned in sec- ch°W¤d°;s°jw}1gr¤(} tion two hundred and sixty-two, constructed upon any lands with the bu.i·$1g.when. knowledge of the owner or the person having or claiming any interest therein, shall be held to have been constructed at the instance of such owner or person having or claiming any interest therein; and the interest owned or claimed shall be sublject to any lien filed in accordance with the provisions of this code, un ess such owner or person havinglor ' e claiming an interest therein shall, within three days after he s all have obtained knowledge of the construction, alteration, or repair, give notice that he will not be responsible for the same, by postingha notice in writing to that eifect in some conspicuous place upon the land, or upon the building or other improvement situated thereon. _ Sec. 266. It shall be the duty of every original contractor, within b,°,§*{·§,'f °* “°“ mm sixty days after the completion of his contract, and of ever mechanic, artisan, machinist, builder, lumber merchant, laborer, or oier person, save the original contractor, claimintg the benefit of this code, within thirty days after the completion of e alteration or repair thereof, or after he has ceased to labor thereon from any cause, or after he has ceased to furnish materials therefor, to file with the recorder of the precinct in which such building or other improvement, or some _ art thereof shall be situated, a claim containing a true statement ofp his demncl, after deducting all just credits and offsets, with the name of the owner or reputed owner, if known, and also the name of the personby whom he was employed or to whom he furnished the materials, and a so a description o the property to be charged with the lien suf-