newspaper of the county, or be deemed waived, are liens arising under that act, and do not apply to other liens.'

OREGON.

By the statute of Oregon, a lien is given where the amount exceeds twenty dollars for labor or materials, or machinery furnished in the construction or repair of a building, provided the claimant file notice of his intention to hold such lien in the county recorder's office, within three months after the completion of such building or repairs, the notice to specifically set forth the amount due or to become due, and a description of the building.'

Such lien expires in one year, unless suit be brought in the District Court to establish the same. If there be several persons having liens upon the same building and lot of ground, they may all join in one action, stating their claims separately; and upon a sale on execution, the proceeds are appropriated to pay pro rata all the liens of this character. Such execution may extend to other property of the defendant, where that covered by the liens is insufficient. These liens have preference over any other liens created after the commencement of the work."

Any subcontractor, journeyman or laborer employed in constructing, repairing or furnishing materials or machinery for a building, may hold the owner liable to the extent of his indebtedness to the employer, by giving him written notice thereof, particularly setting forth the amount of his claim and the service rendered, which may be enforced by suit within one year.*

Any person making, altering or repairing, or bestowing labor upon, or carrying, conveying or transporting, or keeping or storing, any article of personal property, or pasturing, feeding, or bestowing any labor, care or attention upon any live stock, at request of the owner or any lawful possessor thereof, has a lien upon the same for his just charges, and may retain possession until he is paid.*

If he be not paid for three months, he may proceed to sell the property at public auction, or enough to pay his claim, with costs

and expenses; upon giving three weeks' previous notice, in some newspaper of the county, or, if there be no paper published, by posting the notice in three of the most public places in the city or township.

This right to retain and sell cannot interfere with any special agreement of the parties.

WASHINGTON.

Lien is given to the laborer or material-man, as in Oregon, upon the building, and the owner's interest in the land, when the claim exceeds fifty dollars. Notice of his intention to hold the lien must, in like manner, be recorded in the recorder's office within sixty days. A subcontractor, journeyman or laborer may hold the owner responsible, by giving him notice, to the extent of his indebtedness. And any lien may be enforced by suit in the District Court, brought within a year.'

Several claimants may unite in one action, or where there are several actions the court may order them to be consolidated. Upon sale of the property the proceeds apply to all the liens, and if insufficient, other property of the defendant may be levied upon. The defendant, on such suit or suits, may release the property from the lien or liens, by giving a bond, with surety duly approved.'

The lien upon personal property for making, repairing, or other labor, or for carrying, or for pasturing, keeping or attending to live stock, is given and regulated the same as in Oregon, except that notice of sale is given by posting a written notice, for at least ten days, in three public places in the county, precinct, town or city where the claimant resides, one of which shall be in some conspicuous part of his shop or place of business; or, if the value of the article be fifty dollars or more, by publishing the notice for three weeks successively, in a newspaper in the county, if there be any, in addition to posting."

FORMS.

Notice of Mechanics' Lien.

Know all men by these presents, that under an agreement with , the owners of the premises hereinafter described, we,

have performed labor and furnished

the undersigned,
materials in and about a certain building on

side, in the city of

situated on lot No.

street,

That such

materials were furnished and labor performed less than sixty days previous to the date of this instrument.

That the amount due thereof, and for which the undersigned claim a lien, is the sum of over and above all payment

and set-offs.

We, the said

do hereby make known our intention

to hold a lien upon the above-described premises, being the building aforesaid, together with the land upon which the same is erected, and the space around the same not exceeding square feet clear of the building, for the said sum of gether with the interest thereon, pursuant to the provisions of an act of the legislature of the state of California, entitled, "An Act, &c."

Dated San Francisco, June 29th, 1859.

A. B.

C. D. &c.

to

Know all men by these presents, that I, A. B., of the city of San Francisco, in said county, have performed labor and furnished materials for the construction of the building erected, and now being upon the land and premises hereinafter more particularly described, as a contractor.

That it is my desire to avail myself of the benefits of the act of the legislature of the state of California, entitled "An Act for securing Liens of Mechanics and others," passed April 27, 1855, and the act of the legislature of the state of California, entitled "An Act for securing Liens to Mechanics and others," passed April 19, 1856; and the act to amend an act entitled "An Act for securing Liens to Mechanics and others," passed April 19, 1856; approved April 22, 1858; and that it is my intention to claim a lien upon the premises aforesaid and hereinafter described; and that it is my intention to claim and hold such lien, not only upon the said buildings, erections and superstructures,

but also upon the land upon which the same are erected; together with a convenient space around the same, or so much as may be required for the convenient use and occupation of the premises; or upon such interest as the said C. D., who caused the said building or superstructure to be erected, had on the first day of May, 1859, when the same was commenced, or at any time since hitherto.

That sixty days have not elapsed since the completion of such building or superstructure.

That the following is a correct description of the property to be charged with said lien: [here give the description.]

That the following is a just and true account of the demand due to the claimant, after deducting all proper credits and offsets:

City and County of San Francisco, ss.

A. B., the claimant in the within notice of intention to hold a lien named, and who subscribes the same, being duly sworn, says that he has read the same and knows the contents thereof, and that the same is in all respects just and true, and contains a just and true account of the demand due him, after deducting all proper credits and offsets. A. B.

Sworn to before me this 15th day}

[L. S.]

of September, A. D. 1859.

WD. W. WIGGINS, Notary Public.

A. B. against C. D.

Notice of Intention to Hold Lien.

City and County of San Francisco, ss:

Notice is hereby given to all whom it may concern, that I have furnished certain materials and performed labor in and about the same, for and which were used in the construction and erection of a certain building erected on lands in the city and county of San Francisco, which lands are reported to belong to one.C. D. [or, to one D., husband of said C. D., or, to the said C. D. and her husband jointly]. That such materials were furnished and labor performed at the instance and request of one E. F., the contractor of said building, or of some part or portion thereof. The said building is situated on the lot described as follows: [description.]

And notice is also given, that I intend to hold a lien on said building, and the lot whereon the same is situated, and all the interest of the said reputed owners therein, for the amount which is hereunder written, and is for the value of the said material and labor, and amounts to the sum of fifty-seven dollars and forty-one cents, and that the said materials were furnished and labor performed within thirty days last past.

The following is a copy of the account above referred to, &c., &c., [as in foregoing.]

Notice to Lien Men.

Justices' Court, Second Township,
State of California,

isco. }

City and County of San Francisco.

A. B. against C. D.

Notice is hereby given to all persons holding or claiming liens on that certain lot of land, with the building thereon, situated in the city of San Francisco, and described as follows: [here insert description,] to be and appear before me at my court-room, No. 101 Merchant street, on the 20th day of June, A. D. 1859, at ten o'clock in the forenoon of that day, and then and there exhibit the proof of said liens.

Dated this 25th day of May, A. D. 1859.

JAMES BRADFORD, Justice of the Peace.