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assignment by a contractor can affect this right. Lien holders of the same class are on the same footing without regard to the time of filing their claims.

Liens of loggers, lumbermen, mill hands, etc., attach to lumber and timber in preference to any other claims, whether accruing before or after the performance of the labor for which the lien is allowed. The liens of employees in mines, smelters, etc., are superior to all claims except those of the State for taxes, fines, or penalties; but no lien of mortgage or judgment entered before the labor is performed shall be impaired by such liens. The liens herein given on boats and vessels take precedence of all other claims thereon.

Sources: Statutes of 1898 and Supplement of 1906, sections 3314 to 3335, 3341 to 3351.

WYOMING.

For what given.—For doing any work upon or furnishing any material, fixtures, engines, boilers, or machinery for any building, erection, or improvement upon land or for repairing the same; for working in or upon or furnishing material to be used in or about any ledge, lode, mine, oil well or spring, or for transporting the products thereof; for labor performed in the maintenance and operation of irrigation ditches; for cutting or manufacturing cross-ties, wood, poles, or lumber; for making, altering, repairing, or bestowing labor upon any article of personal property.

Who may have lien.-Contractors, subcontractors, journeymen, day laborers, artisans, mechanics, miners, and material men.

Subject property.-The building, erection, or improvements, and the owner's interest in the land upon which it is situated to the extent of one acre; or if the improvement be within the limits of a town, city, or village, then the lot or lots on which it is situated; and homesteads are not exempt. Any mine, lode, coal bank, oil well or spring may be subjected to a lien; also cross-ties, wood, or other timber or lumber; an owner's interest in an irrigation ditch; and any article of personal property.

Amount of lien.—The amount of a contract, the value of work or materials, or reasonable charges therefor. The balance due any contractor at the time an action is brought may be recovered by a subcontractor from the owner or

owners.

Contract.-Work on buildings and other improvements must be done by virtue of a contract with the owner or proprietor, or with his agent, trustee, contractor, or subcontractor. A husband contracting with relation to his wife's property is to be deemed prima facie to be the agent of his wife. The contract for mine labor may be either express or implied. Work on personal property must be undertaken at the request of the owner or of the party in possession.

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Notice. Every claimant except the original contractor desiring liens on real estate must give to the owner ten days' notice of his intention to file a claim. Miners, laborers, and subcontractors at mines, etc., may give notice to the owner or owners of any sums due and unpaid, whereupon the owner must notify the contractor of such claim and withhold from any sum due him an amount sufficient to satisfy the claim, which amount may be paid to the claimant if his claim be not disputed within ten days after notice given.

Personal property held for thirty days may be appraised and sold after ten days' notice, a copy of the notice being served on the owner if he resides within the county.

Filing. Every original contractor for buildings or improvements must file his claim for lien within four months after the indebtedness for which he claims accrues, but may file no claim until after the expiration of sixty days after the completion of his contract. All other claimants must file their claims within ninety days after the indebtedness accrues. Liens on irrigation ditches must be filed and enforced in the same manner as builders' and mechanics' liens. Claimants of liens on mines, etc., are allowed sixty days from the completion of their services in which to file their liens. (A later statute allows six months to miners and others claiming sums in excess of $10 for labor performed.)

Limitation.—Liens for buildings, etc., must be enforced within six months from the filing of the same. Miners' liens continue for one year from filing. Rank.-Mechanics' liens attach to the building or improvement in preference to any prior lien or incumbrance on the land on which such building, etc.. is erected. The liens given are on an equal footing, without regard to the date of filing. The lien of an artisan or mechanic on personal property is superlor to any mortgage thereon.

Source: Revised Statutes of 1899, sections 916, 2843 to 2859, 2868 to 2908.

PROTECTION OF WAGES OF EMPLOYEES, ETC., OF CONTRACTORS.

Supplemental to the liens granted as set forth in the foregoing digest, a number of States, provide for a form of protection of the wages due employees of contractors and of the amounts owing persons supplying materials, etc., to such contractors, which differs in some important respects from such liens. It will be noted in the above summary that in certain States, as Indiana, New York, and Ohio, the funds for public works or improvements are subject to liens in the hands of the officials in charge of such works, for the protection of the interests of the employees of the contractors performing the work. The law of Ohio is applicable also to private undertakings, while the Mississippi law applies to contractors and master workmen without designation. A few States have laws differing from these in not granting a lien on such funds, but in directing the principals to retain funds due contractors on notice from laborers and subcontractors, subject to an adjustment of claims. These are Colorado, Supplement, sections 2888 to 2891, for labor on public works; Michigan. Compiled Laws, sections 5243 to 5245, and Missouri, Revised Statutes, section 1057, for labor in the construction or repair of a railroad.

A third form of protection of the wages of employees of contractors is the requirement that such contractors shall, prior to entering upon the work, give a bond to the companies or officials with whom the contract is made. This is to run to the contracting company or official or board, or to the State, as the law may direct, and is for the use of persons claiming as laborers or material men to whom the contractor is indebted. These laws are quite uniform in their provisions and a single one will serve as a sufficient presentation of their form and scope. The law of the State of Washington relating to contracts for public works contains the customary provisions, except that in some States a special limitation is provided, while in others the general law as to limitations of actions is relied on. The law of Washington follows:

Security for wages of employees on public works-Contractors'

bonds.

SECTION 5925. Whenever any board, council, commission, trustees or body acting for the State or any county or municipality or other public body shall contract with any person or corporation to do any work for the State, county or municipality, or other public body, city, town or district, such board, council, commission, trustees or body shall require the person or persons with whom such contract is made to make, execute and deliver to such board, council, commission, trustees or body a good and sufficient bond, with two or more sureties, conditioned that such person or persons shall pay all laborers, mechanics and subcontractors and material men, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the

Bond to be required.

Failure to require bond.

Amount

bond.

of

carrying on of such work, all just debts, dues and demands incurred in the performance of such work, which bond shall be filed with the county auditor of the county where such work is performed or improvement made, and, any person or persons performing services or furnishing material to any subcontractor shall have the same right under the provisions of such bond as if such work, services or material was furnished, to the original contractor.

SEC. 5926. If any board of county commissioners of any county, or mayor and common council of any incorporated city or town, or tribunal transacting the business of any municipal corporation shall fail to take such bond as herein required, such county, incorporated city or town, or other municipal corporation, shall be liable to the persons mentioned in the last preceding section, to the full extent and for the full amount of all such debts so contracted by such contractor.

SEC. 5927 (as amended by chapter 105, Acts of 1899). The bond mentioned in section * * * [5925] shall be in an amount equal to the full contract price agreed to be paid for such work or improvement, and shall be to the State of Washington, and all * may such persons mentioned in said section * * shall have a

Who claim benefit.

right of action in his, her, or their own name or names on such bond, for the full amount of all debts against such contractor, or for work done by such laborers or mechanics, and for materials furnished or provisions and goods supplied and furnished in the prosecution of such work, or the making of such improvements: Limitation. Provided, That such persons shall not have any right of action on such bond for any sum whatever, unless within thirty (30) days from and after the completion of the contract with and acceptance of the work by the board, council, commission, trustees, or body acting for the State, county or municipality, or other public body, city, town or district, the laborer, mechanic or subcontractor, or material man, or person claiming to have supplied materials, provisions or goods for the prosecution of such work, or the making of such improvement, shall present to and file with such board, council, commission, trustees or body acting for the State, county or municipality, or other public body, city, town or district, a notice in writing ** *

Notice.

Such notice shall be signed by the person or corporation making the claim or giving the notice; and said notice after being presented and filed shall be a public record open to inspection by any Bond to city. person: Provided, further, That where by the charter of any city a contractor with such city is required to enter into a bond to such city, for the use of said city and also for the use of all persons who may perform or cause to be performed any work or labor, or furnish or cause to be furnished any skilled labor, or material in the execution of such contract, conditioned to perform the contract and conditioned also to pay as they become due all just claims for all work and labor upon said contract, and all skill or labor and materials furnished in the execution of such contract, and where such bond is taken to such city in an amount equal at least to the full contract price agreed to be paid for such work or improvement, then no such or additional bond to the State of Washington need or shall be required or taken.

The States having similar laws, as well as their application, are set forth below.

California.-Public works, Sims' General Laws, 1906, No. 2895.
Connecticut.-Railroad construction, General Statutes, section 3696.

District of Columbia.-Public works, Acts of U. S. Congress, 1898-1899, chapter 218.

Indiana.-Public works, Annotated Statutes of 1901, sections 4300b, 4300c, 5592, 5593.

Kansas.-Public works, General Statutes of 1901, sections 5130, 5131; Railroad construction, sections 5864, 5865.

Louisiana. Any undertaking in cities of 10,000 or more where the amount involved is $1,000 or over; Acts of 1894, No. 180; Acts of 1906, No. 134.

Maine. Railroad construction, Revised Statutes of 1903, chapter 51, section 47.

Massachusetts.-Public works, Revised Laws of 1902, chapter 6, section 77; chapter 25, section 57; Acts of 1904, chapter 349.

Michigan.-Public works, Acts of 1905, No. 187.

Minnesota.-Public works, Revised Laws, sections 4535 to 4539; Railroad construction or repair, sections 2919, 2920.

Missouri.-Public works, Revised Statutes of 1899, sections 5684, 6761, 6762. Nebraska.-Public works, Compiled Statutes of 1901, section 3683.

New York. Canal construction, Birdseye's Revised Statutes, 1901, page 374. North Dakota.-Public works, Revised Codes of 1905, sections 6252 to 6255. Oregon.-Public works, Acts of 1903, page 256.

Tennessee.-Public works, Shannon's Supplement, page 610.

Vermont.-Railroad construction, Public Statutes of 1906, section 4411. Washington.-Public works, Codes and Statutes of 1897, sections 5925 to 5927; Railroad construction, Acts of 1905, chapter 116.

Wisconsin.-Public works, Supplement, section 3327a.

United States.-Public works, Compiled Statutes, page 2523; Acts of 1904-5, chapter 778.

EARNINGS OF MARRIED WOMEN.

The individual earnings of married women are by statute secured to their personal disposition and control in the following jurisdictions:

Alabama.-Code of 1907, section 4487.

Arkansas.-Digest of 1904, section 5214.
California.-Civil Code, section 168.

Colorado.-Mills' Annotated Statutes, section 3012.

Connecticut.-General Statutes of 1902, section 4545.
Delaware.-Revised Code, edition of 1893, page 600.

District of Alaska.--Acts of U. S. Congress, 1899, 1900, chapter 786, title 2, section 28.

District of Columbia.-Code, section 1151.

Florida.-General Statutes of 1906, section 2593.

Georgia.-Constitution, article 3, section 11; Civil Code of 1895, section 2474. Hawaii.-Revised Laws of 1905, section 2253.

Illinois.-Revised Statutes of 1905, chapter 68, section 7.

Indiana.-Annotated Statutes, edition of 1901, section 6975.

Iowa.-Code of 1897, section 3162.

Kansas.-General Statutes of 1901, section 4022.

Maine.-Revised Statutes of 1903, chapter 63, section 3.

Maryland.—Public General Laws of 1903, article 45, section 1.

Massachusetts.-Revised Laws of 1902, chapter 153, section 4.
Minnesota.-Revised Laws of 1905, section 3606.

Missouri.-Revised Statutes of 1899, section 4340.

Montana.-Civil Code, sections 223, 225.

Nebraska.-Compiled Statutes, edition of 1901, section 3662.
Nevada.-Compiled Laws of 1899, section 522.

New Hampshire.-Public Statutes, 1891, chapter 176, section 1.

New Jersey.-General Statutes of 1895, page 2013.

New Mexico.-Acts of 1907, chapter 37.

New York.-Birdseye's Revised Statutes, third edition, page 1048.

North Carolina.-Constitution, article 10, section 6; Revisal of 1905, section 2093.

North Dakota.-Revised Codes of 1905, section 4082.

Oklahoma.-Statutes of 1893, paragraph 2972.

Oregon.-Annotated Codes and Statutes of 1902, section 31.

Pennsylvania.-Brightly's Purdon's Digest, 1895, page 1301.
Porto Rico.-Civil Code, section 1314.

Rhode Island.-General Laws of 1896, chapter 194, section 1.

South Carolina.-Civil Code, section 2666.

South Dakota.-Constitution, article 21, section 5; Civil Code, section 102.

43967-08-6

Utah.-Compiled Laws of 1907, section 1201.
Vermont.-Public Statutes of 1906, section 3040.
Virginia.-Code of 1904, section 2286a.

Washington.-Codes and Statutes of 1897, section 4493.
West Virginia.-Code of 1899, chapter 66, section 12.
Wisconsin.-Annotated Statutes of 1898, section 2343.
Wyoming.-Revised Statutes of 1899, section 2976.

EXEMPTION OF MECHANICS FROM THE REQUIREMENT OF PROCURING A PEDDLER'S LICENSE.

The States which require peddlers generally to procure a license before engaging in their business, but which exempt persons selling goods of their own manufacture from this requirement, are as follows:

Arkansas.-Digest of 1904, sections 6876, 6877.
Iowa.-Code Supplement of 1902, section 1347a.

Louisiana.-Acts of 1898, No. 171 (amended by act No. 49, Acts of 1904). Massachusetts.-Revised Laws of 1902, chapter 65, section 15 (amended by chapter 345, Acts of 1906).

Michigan.-Compiled Laws of 1897, section 5330.
Montana.-Annotated Codes, section 4066.
New Hampshire.-Acts of 1897, chapter 76.
North Carolina.-Revisal of 1905, section 5150.

Pennsylvania.-Brightly's Digest, 1893-1903, page 711.

LIABILITY OF

STOCKHOLDERS OF CORPORATIONS

FOR WAGE DEBTS DUE EMPLOYEES.

The following States make stockholders in the designated corporations liable for debts owed employees for labor:

Indiana.-Manufacturing and mining corporations, Annotated Statutes, edition of 1901, section 5077; railroad corporations, section 5198; union railroad corporations, sections 5231, 5249; steam packet companies, section 5449; navigation companies, section 5449n; street railway companies, section 5471.

Massachusetts.-Business corporations generally, Acts of 1903, chapter 437,

section 33.

Michigan.-Corporations and joint stock associations generally, Constitution, article 15, section 7. Statutes have been passed in furtherance of the above provision relating to a number of specified classes of corporations.

New Jersey.-Gaslight companies, General Statutes of 1895, page 1610; navigation companies, page 2319.

New York.-Stock companies generally, Birdseye's General Statutes, third edition, page 3422. Railroad companies are liable as such, on the observance

of the prescribed formalities, page 2937.

North Carolina.-Railroad companies, Revisal of 1905, section 2556. North Dakota.-Corporations engaged in mining, manufacturing, and industrial pursuits, Revised Codes of 1905, section 4517.

Oklahoma.-Corporations engaged in mining, manufacturing, and other industrial pursuits, Statutes of 1893, paragraph 1074.

Pennsylvania.-Corporations generally, Brightly's Purdon's Digest, 1895, page 423. A number of classes of corporations are also designated in separate laws. South Dakota.-Mining and manufacturing companies, Civil Code, section 783. Tennessee.-Corporations generally, Shannon's Supplement, page 351, section 1p. A number of classes of corporations are also designated in separate laws. Wisconsin.-Every corporation other than railroads, Annotated Statutes of 1898, section 1769.

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