Page:United States Statutes at Large Volume 31.djvu/588

 536 rirrrr-srxrn coxenass. sms. 1. cs. 780. 1000. iicient for identification, which claim shall be verified by the oath of himself or of some other person havinghknowledge of the facts. m°g,¤g*{;*j;;?°°’ mm Sec. 267. The recorder shall record the claim in a book kept for that purpose, which records shall be indexed as deeds and other convey- ances are required by law to be indexed, and for which he shall receive the same fees as are allowed by law for recording deeds and other Foreclosure must. be Instruments. *' ’ ‘ ’ • · mmmmed ,,1 su Sec. 268. No hen provided for in this code shall b1nd any_bu1lding, — mouths. structure, or other 1mprovement for a longer period than six months after the same shall have been filed, unless suit be brought before the proper court within that time to enforce the same, or, 1f a credit be given, then six months after the expiration of such credit_; but no lien shall be continued in force for a longer time than one year from the time the work is completed by any agreement to give credit. mI;;§gm*°’ Fmding Sec. 269. Any person who shall, at the request of the owner of any `lot in the district, grade, fill in, or otherwise improve the same or the ` street in front of or adjoining the same, shall have a lien upon such lot for his work done and mater1als furnished in the grading, Hlling in, or otherwise improving the same; and all the provisions of this code rlqspecting the securing and enforcing the mechanic’s lien shall apply t ereto. _ . P“”i°” °°“*'°°° "F Sno; 270. Actions 'to enforce the liens created b this code shall be mm to mmm um' brought before the district court, and the pleadingjs, process, practice, and other (proceedings shall be the same as in other cases. In case the pjrocee s of any sale under this code shall be insufficient to pay all lien olders under it, the liens of all persons other than the original contractor (and subcontractors) shall first be paid in full, or pro rata if the roceeds be insufficient to pay them 1D full; and out of the remainder, if any, the subcontractor shall be paid in full, or pro rata if the remainder be insufficient to pay them in ll, and the remainder, if any, shall be paid to the origina contractor; and each claimant shall be entitled to execution for any balance due him after such distribution, such execution to be issued by the clerk of the district court, upon demand, after the return of the marshal or other officer making the sale showing such balance due. · In all actions under this chapter the district court shall, upon entering judgment for the plaintiff, allow as a part of the costs a l moneys ‘ paid for the filing and recording of the lien, and also a`reasonable amount as attorney’s fees. . All actions to enforce any lien created by this code shall have preference upon the calendar of civil actions brouglhiza before the district court and shall be tried without unnecessar e. . Iii all alrztions to enforce any lien created by this chapter all Hpersons personally liable and all lien olders whose c aims have been ed for · record under the provisions of section two hundred and sixty-six shall, and all other persons interested in the matter in controversy or in the proper? sought to be charged with the lien may, be made parties; but suc as are not made parties shall not be bound by.such proceedings. The pnoceedings upon the foreclosure of the liens created by this code shall be, as nearly as possible, made to conform to the proceedings of a foreclosure of a mortgage lien uponreal property. °fPggu=¤dg¤]§ lgogswggg Sec. 271. - No payment by the owner of the uilding or structure to prevent mm, when. any original contractor or subcontractor, made before thirty days from the completion of the building, shall be valid for the purpose of defeating or discharging any lien created by this chapter in favor of any workman, laborer, lumber merchant, or material man, unless such pay- Q ment so made by the 0WH61‘ of the building or structure to such original contractor or subcontractor has been distributed among such work- in part only, then the same shall be valid only to the extent the same has been so distributed. ‘
 * men, laborers, lumber merchants, or material men, or, if distributed