289. Effect of contractor's bankruptcy.

Where by the contract the employer is given a 'lien'1 on the unfixed materials coupled with a power to seize and use them on the bankruptcy of the contractor, the employer is not protected against the contractor's trustee in bankruptcy2. He is protected, however, if the 'lien' on the materials has been given from the very commencement of the contract, as then the 'lien' has vested in the employer prior to the bankruptcy3. If it is stipulated that the 'lien' is only to arise on the happening of any other event, such as neglect to proceed with the works,