work on the building or improvement, or repairs thereto, and, as to the building or improvement, it shall have priority over all other liens, mortgages, or incumbrances, whether existing at the time of the commencement of such work, or subsequently created; and the person entitled to such lien may, when there is a prior lien, mortgage, or incumbrance on the land, have it enforced by a sale of the building or improvement under the provisions of this chapter, and the purchaser may, within a reasonable time thereafter, remove the same.

SEC. 3020. When the building or improvement is erected under or by virtue of any contract with a lessee in possession, and the erection thereof is not in violation of the terms or conditions of the lease, the lien shall attach to such building or improvement, and to the unexpired term of the lease, and the holder of the lien shall have the right to avoid a forfeiture of the lease by paying rent to the lessor, as it becomes due and payable, or by the performance of any other act or duty to which the lessee may be bound; and if the lien is enforced by a sale of the building or improvement, the purchaser may, at his election, become entitled to the possession of the demised premises, and to remain therein for the unexpired term, by paying rent to the lessor, or performing any other act or duty to which the lessee was bound, as if he were the assignee of the lease; or he may, within sixty days after the sale, remove such building or improvement from the premises; and if he elects to take possession and to remain therein until the expiration of the term of the lease, he may, within a reasonable time after the expiration of the term, remove such building or improvement from the premises. If, before a sale, the holder of the lien has made any payments of rent, or other pecuniary compensation to the lessor, which ought to have been paid by the lessee, he shall be reimbursed such payments from the proceeds of sale.

SEC. 3022 (as amended by act No. 570, acts of 1894-95). It shall be the duty of every original contractor within six months, and of every journeyman and day laborer within thirty days, and of every other person entitled to such lien, within four months after the indebtedness has occurred, to file in the office of the judge of probate of the county in which the property upon which the lien is sought to be established is situated, a statement in writing, verified by the oath of claimant or of some other person having knowledge of the facts, containing a just and true account of the demand secured by the lien, after all the just credits have been given, a description of the property on which the lien is claimed and the name of the owner or proprietor thereof, and no error, in amount or name of the owner or proprietor shall affect the lien, and unless such statement is so filed the lien shall be lost.

SEC. 3025 (as amended by act No. 570, acts of 1894-95). When the land on which the building or improvement is situated is not in a city, town or village and exceeds in area one acre, any person having a lien or his personal representative, may at any time prior to filing his statement in the office of the judge of probate, selects [select] the one acre which shall be subject to the lien; such selection to include the site of such building or improvement and the land contiguous thereto, and to constitute but one lot or parcel.

SEC. 3026 (as amended by act No. 570, acts of 1894-95). Every person except the original contractor who may wish to avail himself of the provisions of this chapter shall before filing his statement in the office of the judge of probate give ten days notice in writing to the owner or proprietor, or his agent, that he claims a lien on such building or improvement, setting forth the amount thereof, for what and from whom it is owing; and after such notice, any unpaid balance in the hands of the owner or proprietor shall be held subject to such lien. But the provisions of this section shall not apply to any materials or articles furnished the owner of which he was notified in advance as provided in section 3018.

SEC. 3027 (as amended by act No. 48, acts of 1888-89, and act No. 570, acts of 1894-95). The original contractor shall when so required, furnish to the owner or proprietor a complete list of all the material men, laborors [laborers] and employees who have furnished any material or thing, or have done any labor, or performed any service, or who may be under any contract or engagement to furnish any material or thing, or to do any labor or perform any service for such contractor for or on such building or improvement, with the terms and price thereof; and if he fails or refuses to furnish such list or to give such information or if he shall fail to pay any material man, subcontractor, laborer, or employee in accordance with any special contract made with the owner or proprietor, he shall thereby forfeit his right to a lien under this chapter.

SEC. 3028 (as amended by act No. 570, acts of 1894-95). When the amount involved exceeds fifty dollars actions for the enforcement of liens under this chapter may be brought in the circuit court or court having like jurisdiction, or in the chancery court, of the county in which the property is situated in all other cases such actions shall be brought before justices of the peace.

SEC. 3029. Such actions, when brought in the circuit court, or court of like jurisdiction, shall be commenced by summons and complaint, and when brought before justices of the peace, by summons. The complaint, or, when brought before justices of the peace, the statement indorsed on the summons, shall contain a description of the property on which the lien is claimed, and shall allege the facts necessary to entitle the plaintiff to the lien, and the enforcement thereof; in all other respects, the pleadings, practice and proceedings shall be the same as in ordinary civil actions at law.

SEC. 3030. In such actions, all persons interested in the matter in controversy, or in the property charged with the lien, may be made parties; but such as are not made parties shall not be bound by the judgment or proceedings therein.

SEC. 3036. Judgments establishing the lien, and ordering the property sold for the satisfaction thereof, may be enforced by writs of fieri facias or venditioni exponas; but if by fieri facias, the clerk shall indorse thereon the fact, that the lien has been established, and a description of the property.

SEC. 3037. Upon the rendition of such judgment by a justice of the peace, he shall transmit all the papers and a certified transcript of the judgment to the clerk of the circuit court, or court of like jurisdiction; and thereupon such clerk shall enter the cause on the execution docket, record the judgment, and issue a writ of fieri facias or venditioni exponas, as on judgments rendered in that court. SEC. 3038. If the suit is by an employee of the contractor, or by any person who has furnished to him materials for the building or improvement, the contractor shall be a necessary party defendant thereto; and in such suit, on motion of the plaintiff, the owner or proprietor may be cited to answer under oath how much was owing by him to the contractor, at the time of the service on him of the notice required by section 3026, on his contract with such contractor; and such answer may be controverted, and proceedings had, and judgment rendered as in garnishment cases.

SEC. 3039. When the lien is sought to be enforced by any person other than the contractor, it shall be the duty of the contractor to defend the suit at his own expense; and after notice of an intention to file a statement of the lien, and pending the suit, the owner or proprietor may withhold from the contractor money sufficient to cover the amount claimed, and the probable cost and expense of suit: and in case of recovery against the owner or proprietor, or his property, he shall be entitled to deduct from the amount owing by him to the contractor the amount of such judgment, cost and expense; and if he shall have settled with the contractor, he shall be entitled to recover from the contractor the amount recovered of, and paid by him; and such recovery may be had in the same court, on motion, on three days notice.

SEC. 3040. All liens arising under this chapter, except in favor of the original contractor, shall stand on an equal footing, and be first paid out of the proceeds of the sale of the property, or money collected from the owner or proprietor; and if such proceeds and money are insufficient to satisfy such liens in full, the same shall be distributed pro rata among the holders thereof; but no person shall be entitled to participate in such distribution until he has obtained judgment establishing his lien.

SEC. 3041 (as amended by act No. 570, acts of 1894-95). Except in cases hereinafter provided, all liens arising under this chapter shall be deemed lost, unless suit for the enforcement thereof is commenced within six months after the maturity of the entire indebtedness secured thereby.

SEC. 3016. Every person, including married women and cestuis que trust, for whose use, benefit, or enjoyment any building or improvement shall be made, is embraced within the words “owner or proprietor," as used in this chapter.

SEC. 3047. Any claim for which a lien is provided in this chapter may be assigned; and the assignee shall be thereby invested with all the rights of the original holder of the lien, and be entitled to all his remedies to enforce them.

SEC. 3018. Any lien provided for under the provisions of this chapter, when the amount claimed is not less than one hundred dollars, may also be enforced by bill in equity, without alleging or proving any special ground of equitable jurisdiction. SEC. 3049. Any blacksmith, wood-workman, or other mechanic, who contributes his labor and material, or either, to the production, manufacture, or repair of any vehicle, implement, machine, or article of any kind, shall have a lien thereon in the hands of a party for whom such vehicle, implement, machine, or article was made or repaired, or to whom sold, and in the hands of a purchaser with notice of such lien, for the value of the labor and material, or either, contributed to the production, manufacture, or repair of the same.

SEC. 3050. Any party entitled thereto may enforce such lien in any court of law, of competent jurisdiction, by attachment, issued by any officer authorized to issue

such writs, upon executing bond as in other cases of attachment, and upon making affidavit that the attachment is not sued out for the purpose of vexing or harassing the defendant, and describing the property on which the lien is claimed, and setting forth all facts necessary to the creation of the lien under the preceding section, and the amount due, and that one of the following causes of attachment exists:

1. That the party for whom such vehicle, implement, machine, or article was made or repaired, or to whom sold, is the owner thereof, and that the price, if agreed on, or if not, the value of the same, or of the repair thereof, or some part of either, is due and unpaid.

2. That the party for whom such vehicle, implement, machine, or article was made or repaired, or to whom sold, has transferred or sold the same to a purchaser with notice of the lien, and that the price, if agreed on, if not, the value of the same, or of the repair thereof, or some part of either, is due and unpaid.

SEC. 3051. Parties having liens under the provisions of this chapter [sections 3049 to 3053 inclusive], on the same property, may join in the same action for the enforcement of their respective liens; and when there is such joinder, the court or jury trying the cause must ascertain the amount due to each of the plaintiffs secured by the lien, and judgment must be rendered accordingly; but the failure of one or more of the plaintiffs to establish his or their liens shall not defeat a recovery by the others. The proceeds of the sale of the property levied on, if not sufficient to satisfy the demands of all the plaintiffs, shall be distributed, after payment of the costs, pro rata among them.

SEC. 3052. When parties, having such liens on the same property, refuse, after notice in writing, to join in such action, the parties giving the notice may proceed without them, on making affidavit of the fact of such notice and refusal; and notice of the levy of the attachment must be served on the parties refusing to join, in the manner and within the time required for the service of such notice on the defendant; and such parties, either at the trial, or at any time prior thereto, on making affidavit setting forth all facts necessary to the creation of their liens, and the amounts thereof, may be made plaintiffs in the action, and the cause shall then proceed as if commenced jointly by them with the original plaintiffs; but on their failure to thus join, the cause shall proceed for the benefit of the original plaintiffs, who shall, in that event, be entitled to priority of satisfaction.

SEC. 3053. Proceedings for the enforcement of any lien created by the provisions of this chapter [sections 3049 to 3053 inclusive] must be commenced within six months after the demand becomes due; and unless commenced within that time, the lien is lost.

TITLE 2.-Liens on watercraft.

SEC. 3054. A lien is hereby created on any ship, steamboat, or other watercraft, whether registered, enrolled, or licensed, or not, that may be built, repaired, fitted, furnished, supplied, or victualed, within this State, for work done, or materials supplied by any person within this State, in or about the building, repairing, fitting, furnishing, supplying, or victualing such ship, steamboat, or other watercraft, and for the wages of the masters, laborers, stevedores and ship-keepers on such ship, steamboat, or other watercraft, in preference to other liens thereof for debts contracted by, or owing from the owners thereof; and such lien may be asserted in any court of competent jurisdiction.

SEC. 3055. Proceedings to enforce such lien must be commenced within six months after the demand becomes due; and unless commenced within that time, the lien is lost.

TITLE 2.-Liens on crops.

SEC. 3065. When one party furnishes the land and the team to cultivate it, and another party furnishes the labor, with stipulations, express or implied, to divide the crop between them in certain proportions, the contract of hire shall be held to exist, and the laborer shall have a lien upon the crop produced by his labor for the value of the portion of the crop to which he is entitled; and such lien shall have the same force and effect, and shall be enforced in the same manner, and under the same conditions, and in the same cases as the lien in favor of a landlord; but no more of the crop shall be levied on than may be necessary to satisfy the demand.

TITLE 2.-Liens of railroad and agricultural laborers.

SEC. 3077. Laborers and employees of each railroad company operated in this State, except the officers thereof, shall have a lien for all debts due to them for work and labor done and performed by them for such company, which shall

extend to, and cover all the property, rights, effects and credits of every description belonging to such company, and situate in this State.

SEC. 3078. Agricultural laborers and superintendents of plantations shall have a lien upon the crops grown during the current year, in and about which they are employed, for the hire and wages due them for labor and services rendered by them in and about the cultivation of such crops under any contract for such labor and services; but such lien shall be subordinate to the landlord's lien for rent and advances, and to any other lien for supplies furnished to make the crops.

SEC. 3079. The liens created by this chapter shall be held to have been waived or abandoned, unless proceedings to enforce the same are commenced within six months after the work shall have been completed.

SEC. 3080. For the enforcement of such liens, the party entitled may sue out attachments before any officer authorized to issue such writs, returnable before any court of competent jurisdiction; but before any attachment shall issue, the plaintiff, his agent, or attorney, must make affidavit of the amount due, that the same remains unpaid, and that the attachment is not sued out for the purpose of vexing or harassing the defendant, and must describe therein the property on which the lien is claimed.

SEC. 3081. An agricultural laborer or superintendent of a plantation may sue out an attachment, whether his demand is due or not; but, in either event, he shall, in addition to the affidavit required in the preceding section, make affidavit that such demand is or will be due, as the case may be, and that the defendant, without the consent of, and contrary to his agreement with the plaintiff, is about to remove the crop from the premises without paying such demand, or that the defendant has so removed such crop, or some portion thereof.

SEC. 3082. Before any attachment shall be issued under the provisions of this chapter, the plaintiff, his agent, or attorney, must also execute a bond in double the amount claimed, payable to the defendant, with sufficient surety, to be approved by the officer issuing the attachment, with condition that the plaintiff will prosecute the attachment to effect, and pay the defendant all such damages as he may sustain from the wrongful or vexatious suing out of such attachment.

SEC. 3083. When an attachment is sued out by an agricultural laborer or a superintendent of a plantation, it shall not be levied on a greater portion of the crop than is sufficient to satisfy the plaintiff's demand and the costs of the suit.

SEC. 3084. Cases arising under this chapter shall stand for trial at the time, and shall be tried in the manner, and upon the notice required in other attachment

cases.

SEC. 3085. All the property upon which a lien is created under the provisions of this chapter, or the proceeds thereof, in the hands of third parties, shall be subject to garnishment for the enforcement and satisfaction of such lien; and such garnishment, and the proceedings thereunder, shall be governed by the laws of [in] force relating to other garnishments, so far as the same are applicable.

SEC. 3086. Nothing in this chapter contained shall be so construed as to prevent any person having a lien thereunder from resorting to any other remedies, legal or equitable, which he may have for the enforcement of his lien, or the collection of his demand.

SEC. 3087. No part of any crop levied on under the provisions of this chapter shall be removed from the premises on which it was raised, until all claims for rent and advances for the current year have been satisfied.

SEC. 3088. Any officer, enforcing the satisfaction of any lien under the provisions of this chapter, shall first apply the proceeds of the crop or property in his hands to the payment of any debt or claim of a third party which constitutes a prior lien upon such crop or property, if the priority of such lien has been established, and the claim ordered to be paid, by the court before which the cause is tried.

CODE OF 1886, VOL. II.

PART V.

TITLE 2.-Enticing employees.

SECTION 3757. Any person, who knowingly interferes with, hires, employs, entices away, or induces to leave the service of another, or attempts to hire, employ, entice away, or induce to leave the service of another, any laborer or servant who has contracted in writing to serve such other person for any given time, not to exceed one year, before the expiration of the time so contracted for, or who knowingly interferes with, hires, employs, entices away, or induces any minor to leave the service of any person to whom such service is lawfully due, without

the consent of the party employing, or to whom such service is due, given in writing, or in the presence of some credible person, must, on conviction, be fined not less than fifty, nor more than five hundred dollars, at the discretion of the jury, and in no case less than double the damages sustained by the party whom such laborer or servant was induced to leave; * *

*

SEC. 3758. When any laborer or servant, having contracted as provided in the preceding section, is afterwards found in the service or employment of another before the termination of such contract, that fact is prima facie evidence that such person is guilty of a violation of that section, if he fail and refuse to forthwith discharge such laborer or servant, after being notified and informed of such former contract or employment.

SEC. 3761. Any person, who employs any immigrant, or otherwise entices him from his employer, in violation of the contract of such immigrant, must, on conviction, be fined in a sum not less than the amount of wages for the unexpired term of the contract, and may be imprisoned in the county jail, or sentenced to hard labor for the county, at the discretion of the jury, for not more than three months.

TITLE 2.-Immigrant leaving service without repayment of advances.

SEC. 3762. Any immigrant, who abandons or leaves the service of an employer without repaying all passage money and all other advances, must, on conviction, be fined in a sum not more than double the amount of wages for the unexpired term of service, and imprisoned not longer than three months, or sentenced to hard labor for the county for not more than three months, at the discretion of the jury.

TITLE 2.-Intimidation, blacklisting, etc., of employees, etc.

SEC. 3763 (as amended by act No. 321, acts of 1894-95). Any person who, by threats of violence to person or property, prevents or seeks to prevent another from doing work or furnishing materials for or to any person engaged in any lawful business or who disturbs, interferes with or who shall prevent or attempt to prevent any discharged employee by printing or writing any list containing the name of any employee so discharged or who shall make any sign or token, character or figure, indicating that any discharged employee is upon any list so printed or written or in any other manner prevents or attempts to prevent the peaceful exercise of any lawful industry, business or calling by any other person, must, on conviction, be fined not less than ten nor more than five hundred dollars, and may also be imprisoned in the county jail or sentenced to hard labor for not more than twelve months.

TITLE 2.-Sunday labor.

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SEC. 4045. Any person, who compels his child, apprentice, or servant to perform any labor on Sunday, except the customary domestic duties of daily necessity or comfort, or works of charity: * or who, being a merchant or shopkeeper, druggist excepted, keeps open store on that day, must, for the first offense, be fined not less than ten, nor more than twenty dollars, and, for the second, or any subsequent offense, must be fined not less than twenty, nor more than one hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than three months; but the provisions of this section do not apply to the running of railroads, stages, or steamboats, or other vessels navigating the waters of this State, or any manufacturing establishment which requires to be kept in constant operation.

TITLE 3.-Convict labor.

SEC. 4586. Hard labor for the county shall be under the superintendence and control of the court of county commissioners, who shall determine in what manner and on what particular works the labor shall be performed; *

**

SEC. 4595. Hard labor for the county includes labor on the public roads, public bridges, and other public works in the county; and authorizes the letting of such convicts to hire to labor anywhere within the State, as may be determined by the court of county commissioners.

SEC. 4619. Convicts sentenced to the penitentiary or to hard labor for the county shall not be required to work on Christmas day or the Fourth day of July. SEC. 4641 (as amended by act No. 140, acts of 1890-91). All of the convicts may be hired to be worked outside of the walls, and when they are to be so hired, the