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person by whom he was employed, or to whom he furnished the materials, and also a description of the property to be charged with said lien, sufficient for identification, which claim shall be verified by the oath of himself or of some other person.

Recording of Claim.-Sec. 6. The county recorder shall record said claim in a book kept by him for that purpose, which record shall be indexed as deeds and other conveyances 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 instruments.

Separation of Claim.-Sec. 7. In every case in which one claim shall be filed, under the provisions of this act, against two or more buildings, mining claims or other improvements, owned by the same person, the person filing such joint claim shall at the same time designate the amount due to him on each of such buildings, mining claims or other improvements, otherwise, such claim shall be postponed to other lienholders, and the lien of such claimant shall not extend beyond the amount so designated, as against other creditors having liens by judgment, mortgage or otherwise, upon either of such buildings or other improvements, or upon the land upon which the same are situated: provided, that no joint claim shall be filed upon two or more buildings, unless they are contiguous to or adjoining each other.

Duration of Lien.-Sec. 8. No lien provided for in this act shall bind any building, mining claim or other improvement, for a longer period than ninety days after the same shall have been filed, unless suit be brought in a proper court within that time to enforce the same; or, if a credit be given, then ninety days after the expiration of such credit. But no lien shall be continued in force for a longer time than two years from the time the work is completed by any agreement to give credit.

City or Town Lots, Lien for Grading of.-Sec. 9. Any person who shall at the request of the owner of any lot in

any incorporate city or town, 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 materials furnished in grading, filling in or otherwise improving, the same; and all the provisions of this act respecting the securing and enforcing of mechanics' liens shall apply thereto.

Suits to be brought, When, etc.-Sec. 10. 1st. Suits to enforce the liens created by this act, except those under section fifteen, shall be brought in the district courts; and the pleadings, process, practice and other proceedings, shall be the same as in other cases: provided, that where service of summons may be made under the practice act by publication, the time of publication, where the defendant resides out of, or is absent from, the state, or for any other cause, can not be served personally, and [need] be but once a week for four successive weeks, and the time for answering shall expire when such publication is complete, and if no answer of such defendant is then filed, his default may be entered; and, provided, also, that the court may in its discretion, in all cases under this act, instead of ordering publication, or may after publication, appoint an attorney to appear for the non-resident, absent or concealed, defendant, and conduct the proceedings on his part.

Order of Payment of Liens.-2d. In case the proceeds of any sale under this act shall be insufficient to pay all lienholders under it, the liens of all persons other than the original contractor and sub-contractors shall first be paid in full, or pro rata, if the proceeds be insufficient to pay them in full; and out of the remainder, if any, the sub-contractors shall then be paid in full or pro rata, if the remainder be insufficient to pay them in full; and the remainder, if any, shall be paid to the original 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 court upon demand, after the return of the sheriff or other officer making the sale showing such balance due. Attorney's Fees Allowed.-3d. In all suits under this

act the court shall, upon entering judgment for the plaintiff, allow as a part of the costs all moneys paid for the filing and recording of the lien, and also a reasonable amount as attorney's fees.

Preference upon Calendar.-4th. All suits to enforce any lien created by this act shall have preference upon the calendar of the court over any civil suit already brought or to be brought, except suits to which the state shall be a party, and shall be tried by such court without unnecessary delay.

Parties to Actions.-5th. In all suits to enforce any lien created by this act, all persons personally liable, and all lienholders whose claims have been filed for record under the provisions of section five of this act, shall, and all other persons interested in the matter in controversy, or in the property sought to be charged with the lien, may be made parties; but such as are not made parties shall not be bound by such proceedings.

Recovery by Contractor.-Sec. 11. Any contractor shall be entitled to recover upon a lien filed by him only such amount as may be due to him according to the terms of his contract, after deducting all claims of other parties for work done and materials furnished as aforesaid; and in all cases where a lien shall be filed under this act for work done or materials furnished to any contractor, he shall defend any action brought thereupon at his own expense; and during the pendency of such action, the owner may withhold from the contractor the amount of money for which such lien is filed; and in case of judgment against the owner or his property, upon the lien, the said owner shall be entitled to deduct from any amount due or to become due by him to the contractor, the amount of such judgment and costs; and if the amount of such judgment and costs shall exceed the amount due by him to the contractor, or if the owner shall have settled with the contractor in full, he shall be entitled to recover back from the contractor any amount so paid by him, the said owner, in excess of the contract price, and for which the contractor was originally the party liable.

Materials not Subject to Attachment.-Sec. 12. When

ever any mechanic, artisan, machinist, builder, lumber merchant, contractor, miner, laborer or other person, shall have furnished or procured any materials for use in the construction, alteration or repair, of any building or other improvement, such materials shall not be subject to attachment, execution or other legal process, to enforce any debt due by the purchaser of such materials, except a debt due for the purchase money thereof, so long as, in good faith, the same are about to be applied to the construction, alteration or repair, of such building, mining claim or other improvement.

Personal Action may be Maintained.-Sec. 13. Nothing contained in this act shall be construed to impair or affect the right of any person to whom any debt may be due for work done or materials furnished, to maintain a personal action, to recover said debt, against the person liable therefor; and the person bringing such personal action may take out an attachment therefor, notwithstanding his lien, and in his affidavit to procure an attachment need not state that his demand is not secured by a lien; but the judgment, if any, obtained by the plaintiff in such personal action, shall not be construed to impair or merge any lien held by said plaintiff under this act: provided, only, that any money collected on said judgment shall be credited on the amount claimed under such lien in any action brought to enforce the same, in accordance with the provisions of this act.

Building or other Improvement, to include What.Sec. 14. The words The words "building or other improvement," whenever the same are used in this act, shall be held to include and apply to any wharf, bridge, ditch, flume, tunnel, fence, machinery, railroad, wagon road, aqueduct to create hydraulic power for mining or other purposes, and all other structures and superstructures, whenever the same can be made applicable thereto; and the words "construction, alteration or repair," whenever the same are used therein, shall be held to include partial construction and all the repairs done in and upon any building or other improvement.

Personal Property Liens for Repairs.-Sec. 15. Any mechanic, artisan or laborer, who shall make, alter or repair, any article of personal property, at the request of the owner or legal possessor of such property, shall have a lien on the same for his just and reasonable charges for work done and materials furnished, and may retain possession of the same until such just and reasonable charges shall be paid; and, if not paid within the space of two months after the work shall be done, such mechanic or other person may proceed to sell the property by him so made, altered or repaired, at public auction, by giving ten days' public notice of such sale by advertising in some newspaper published in the county in which the work was done, or, if there be no newspaper published in such county, then by posting up notices of such sale in three of the most public places in the town where such work was done, for ten days previous to such sale, and the proceeds of such sale shall be applied to the discharge of such lien and the cost of keeping and selling such property, and the remainder, if any, shall be paid over to the owner thereof.

Liens before Acquired.-Sec. 16. Nothing contained in this act shall affect any lien heretofore acquired, but the same may be enforced by the provisions of this act; and, where suits are now pending, the proceedings, after this act goes into effect, may be conducted according to this act.

Acts Repealed.-Sec. 17. An act entitled "An act for securing liens of mechanics and others," approved April 27th, 1855; an act entitled "An act for securing liens of mechanics and others," approved April 19th, 1856; an act entitled "An act in addition to and explanatory of an act for securing liens to mechanics and others, approved April 19th, 1856," approved March 4th, 1857; an act entitled "An act supplementary to an act for securing liens to mechanics and others, passed April 19th, 1856," approved March 18th, 1857; an act entitled "An act to amend an act for securing liens to mechanics and others, passed April 19th, 1856," approved April 22d, 1858; an act enti

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