said county by an act entitled "An act granting to the mining counties of this State the foreign miners' tax collected in said counties, severally, approved March 16, 1868, in the following funds in the treasury of said county, to wit: Fifty per cent thereof in the common school fund and 50 per cent thereof in the railroad fund.

SEC. 2. This act shall take effect from and after its passage.

DEALING IN GOLD DUST.

LAWS 1852, P. 90; MAY 4, 1852. LAWS 1854, P. 88-91; MAY 15, 1854. (GENERAL LAWS 18501864, SEC. 6223.)

The People, etc.

* *

AN ACT concerning licenses.

SEC. 1. Licenses shall be obtained by the person or persons, private association or corporation, doing business in this State, engaged in any one or all of the following occupations, to wit: * In buying or selling gold dust, gold or silver coin or bullion, or engaged as common carriers in transmitting or conveying gold dust, gold or silver coin or bullion, from any place in this State to any place without this State, or from one to another place within this State, for profit, * or engaged in receiving general or special deposits of gold dust, gold or silver coin or bullion, for profit; said licenses to be obtained as hereinafter specified.

*

MINERS' LIENS.

CREATION OF MINER'S LIEN.

LAWS 1853, P. 202; MAY 17, 1853. (COMPILED LAWS 1850-1853, P. 811.)

AN ACT supplementary to "An act to provide for the lien of mechanics, and others," passed April 12, 1850.

The People, etc.

NOTE. The original act did not in terms apply to mines, and is not given. This act is amended.

SEC.1. The act entitled "An act to provide for the lien of mechanics, and others," passed April 12, 1850, shall be extended so as to include in its provisions bridges, ditches, flumes, or aqueducts, constructed to create hydraulic power, or for mining purposes; and all master builders, mechanics, lumber merchants, contractors, journeymen, or laborers, and all other persons performing labor, or furnishing materials for, or employed in the construction or repair of, any bridge, ditch, flume or aqueduct aforesaid, shall have the same lien, subject to the same provisions and regulations as in and by said act, as is provided for liens upon buildings and wharves.

LAWS 1857, P. 84; MAR. 18, 1857.

AN ACT supplementary to "An act for securing liens to mechanics and others," passed April 19, 1856

The People, etc.

SEC. 1. An act entitled "An act for securing liens to mechanics and others, passed April 19, 1856," shall be and is hereby extended, so as to include in its provisions bridges, ditches, flumes or aqueducts, to create hydraulic power, or for mining purposes and all master builders, mechanics, lumber merchants, contractors, journeymen or laborers, and all other persons performing labor, or furnishing materials for, or employed in the construction or repair of any bridge, ditch, flume or aqueduct aforesaid, shall have the same lien, subject to the same provisions and regulations, as in and by said act are provided for liens upon buildings, wharves, and other superstructures. NOTE. The original act did not in terms apply to mines, and is not given.

MINERS' LIENS-REVISED ACT.

LAWS 1862, P. 384; APR. 26, 1862. (GENERAL LAWS 1850-1864, SEC. 4471-4495.)

The People, etc.

AN ACT in relation to liens of mechanics and others.

SEC. 1. All original contractors, artisans, machinists, builders, mechanics, lumber merchants, and other persons making original contracts for the construction, or part of the construction, repair, or furnishing materials for the construction or repair, of any building, wharf, superstructure, or any bridge, ditch, flume, tunnel, fence, machinery, or aqueduct, to create hydraulic power, or for mining purposes, shall have a lien upon said materials, and upon the building, wharf, superstructure, bridge, ditch, flume, tunnel, fence, machinery, or aqueduct aforesaid, for the work and labor done, or materials furnished by each, respectively, upon the terms, for the uses and benefits and upon the trusts, hereinafter mentioned, to the extent of the original contract price; and such contract shall operate as a lien in favor of all subcontractors, laborers, and material men, who shall perform labor, or furnish material for the construction or repair of such building, wharf, superstructure, bridge, ditch, flume, tunnel, fence, machinery, or aqueduct, to the extent of the original contract price. NOTE.-Repealed by act of March 30, 1868, Laws 1867-68, p. 589. See page 52.

SEC. 2. All such contracts shall be in writing when the amount agreed to be paid thereunder exceeds $200 and shall be subscribed by the parties to be charged thereby, otherwise they shall be wholly void, and no recovery shall be had thereon, by either party thereto.

SEC. 3. The lien created by such contract shall be and inure primarily to the benefit of all persons, who, as employees of the original contractor, or his assigns, shall perform work and labor, or furnish material for the construction or repair of any such building, wharf, superstructure, bridge, ditch, flume, tunnel, fence, machinery, or aqueduct, pro rata, according to their respective rights and interests. After the payment of such material men, workmen, and laborers, such lien shall inure to the benefit of the original contractor or his assigns.

SEC. 4. The land upon which any building, wharf, superstructure, bridge, ditch, flume, tunnel, fence, machinery, or aqueduct, aforesaid, shall be erected or constructed together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof, shall also be subject to the lien created by this act, if, at the time the contract was made, and the work upon such building, wharf, superstructure, bridge, ditch, flume, tunnel, fence, machinery, or aqueduct was commenced, or the materials for the same had been commenced to be furnished, the said land belonged to the person who caused the said building, wharf, superstructure, bridge, ditch, flume, tunnel, fence, machinery, or aqueduct to be constructed or repaired. But if such person owned less than a fee simple estate in such land, then only his interest therein shall be subject to such lien. And the liens created by this act shall be preferred to every other lien or encumbrance which shall have attached upon said property subsequent to the time at which the work was commenced, or the materials furnished. But nothing herein contained shall be construed as affecting any valid encumbrance upon the said land, duly made and recorded, before said work was commenced, or materials furnished, unless the original contract shall have been acknowledged or proved, and recorded, in the same manner as conveyances are required to be acknowledged, proved, and recorded, prior to the recording of such valid incumbrance, in which case the lien of such original contract shall take precedence from the time of its record.

SEC. 16. Whenever any materials shall have been furnished and delivered by any material man, to be used in the construction or repair of any building, wharf, superstructure, bridge, ditch, flume, tunnel, fence, machinery, or aqueduct aforesaid, such materials shall not be subject to attachment, execution, or other legal process, to enforce any debt due by the purchaser of such materials, so long as, in good faith, the same are about to be applied to the construction or repair of such building, wharf, superstructure, bridge, ditch, flume, tunnel, fence, machinery, or aqueduct.

SEC. 17. Whenever any person shall proceed to erect, or construct, or repair, or cause to be constructed, erected, or repaired any building, wharf, superstructure, bridge, ditch, flume, tunnel, fence, machinery, or aqueduct aforesaid, without making a contract in writing, for such construction or repairs, every person who shall perform labor or furnish materials for such building, wharf, superstructure, bridge, ditch, flume, tunnel, fence, machinery, or aqueduct shall have a lien to the full extent of all labor performed upon, or materials furnished by him for the use of, such building, wharf, superstructure, bridge, ditch, flume, tunnel, fence, machinery, or aqueduct upon the interest of the person causing the same to be constructed or repaired, on the thing so caused to be constructed or repaired, and on the land for a convenient space around the same, or so much as may be required for the convenient use and occupation thereof, which lien shall relate to the time of the commencement of the work. It may be enforced in the same manner as other liens herein above provided for.

SEC. 18. Any person or persons who shall fraudulently and wilfully induce or persuade any lumber dealer, or other material man, to sell to him or them, upon credit,

any lumber or other building materials, to be used in the erection, construction, or repair of any building, wharf, superstructure, bridge, ditch, flume, tunnel, fence, machinery, or aqueduct aforesaid, not intending, at the time of said sale, so to use the same, but meaning to apply the same to other uses and purposes, shall be guilty of a misdemeanor, and, on conviction, shall be punished, by imprisonment in the county jail, for a term not exceeding one year, or by fine, not exceeding $500 or by both such fine and imprisonment.

SEC. 19. No lien provided for in this act shall bind any building, wharf, superstructure, bridge, ditch, flume, tunnel, fence, machinery, or aqueduct aforesaid for a longer period than six months after the completion or repair thereof, unless suit be brought in a proper court, within that time, to enforce the same; or, if a credit be given, then six months 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 or the materials furnished, by any agreement to give credit.

SEC. 25. Every subcontractor, or other person other than the original contractor, who shall acquire any lien under the provisions of this act, shall, within 30 days after the completion or repair of any such building, wharf, or superstructure, bridge, ditch, flume, tunnel, fence, machinery, or aqueduct file in the office of the county recorder a just and true account of the demand due to him, after deducting all proper credits and offsets, and shall verify the same by his own oath, or the oath of some other person, and shall also file at the same time a description of the property to be charged by said lien, and in default thereof shall lose his lien. The original contractor having a lien shall file the such (said) verified account and description within sixty days after the completion or repair of such building, wharf, superstructure, bridge, ditch, flume, tunnel, fence, machinery, or aqueduct, otherwise the benefit of such lien, so far as he is concerned, shall be lost, but the same shall continue and remain in force, for the benefit of all other parties, in the same manner and to the same extent as if the original contractor had filed such verified account and description within the time aforesaid.

AMENDING SECTION 25.

LAWS 1863-64, P. 269; APR. 1, 1864.

AN ACT to amend an act entitled "An act in relation to liens of mechanics and others," approved April 26, 1862.

The People, etc.

SEC. 3. Section 25 of said act is hereby amended so as to read as follows:

SEC. 25. Every subcontractor, or other person other than the original contractor who shall acquire any lien under the provisions of this act, shall, within 30 days after the completion or repair of any such building, wharf, or superstructure, bridge, ditch, flume, tunnel, fence, machinery, or aqueduct, have a just and true account of the demand due to him, after deducting all proper credits and offsets, verified by his own oath or the oath of some one on his behalf, recorded in the office of the recorder of the county, and shall at the same time have a description of the property sought to be charged by said lien recorded with the same, and in default of such record such lien shall be deemed waived and lost. The original contractor shall have a like verified account and description so recorded within 60 days after the completion or repair as aforesaid, otherwise the benefit of such lien, so far as he is concerned, shall be lost, but the same shall continue and remain in force for the benefit of all other parties in the same manner and to the same extent as if the original contractor had had such verified account and description recorded within the time aforesaid; Provided, They shall have complied with the provisions of the former part of this section.

32857°-18-Bull, 161- -5

AMENDATORY ACT.

LAWS 1863-64, P. 465; APR. 4, 1864.

AN ACT amendatory of and supplementary to "An act in relation to liens of mechanics and others," approved April 26, 1862.

The People, etc.

SEC. 1. All original contractors, artisans, machinists, builders, mechanics, lumber merchants, and other persons making original contracts for the construction, repair, or furnishing materials for the construction or repairs of any wagon road or railroad, shall have a lien upon said material, and upon the wagon road or railroad aforesaid, for the work and labor done or materials furnished by each, respectively, upon the terms, for the uses and benefits, and upon the trusts hereinafter mentioned, to the extent of the original contract price; and such contract shall operate as a lien in favor of all subcontractors, laborers, and material men, who shall perform labor or furnish material for construction or repair of such wagon road or railroad, to the extent of the original contract price; and all the provisions of an act entitled "An act in relation to liens of mechanics and others," approved April 26, 1862, are hereby declared to be in full force and effect in so far as it relates to wagon roads and railroads, the same as to any building, wharf, superstructure, bridge, ditch, flume, tunnel, fence, machinery, or aqueduct, as though they had been in the original bill relating to the liens of mechanics and others, approved April 26, 1862.

SEC. 2. This act shall be in force from and after its passage.

NEW ACT WITH REPEALING CLAUSE.

LAWS 1867-68, P. 589; MAR. 30, 1868. (SECS 1183, 1185-1190, CODE CIVIL PROCEDURE.) AN ACT for securing liens of mechanics and others.

The People, etc.

SEC. 1. (Sec. 1183, Code Civil Procedure. Amendments 1873-74, p. 49.) Every mechanic, artisan, machinist, builder, contractor, lumber merchant, miner, laborer, and other person performing labor upon, or furnishing materials of any kind to be used in the construction, alteration, or repair, either in whole or in part, of any mining claim, building, wharf, bridge, ditch, flume, tunnel, fence, machinery, railroad, wagon road, aqueduct to create hydraulic power for mining or other purposes, or any other structure or superstructure, or who shall perform labor in any mining claim, shall have a lien upon the same for the work or labor done or materials furnished by each respectively, whether done or furnished at the instance of the owner of the building or other improvement, or his agent; and every contractor, subcontractor, architect, builder, or other person having charge of any mining, or of the construction, alteration, or repair, either in whole or in part, of any building or other improvement, as aforesaid, shall be held to be the agent of the owner for the purposes of this act.

SEC. 2. (Sec. 1185, Code Civil Procedure.) The land upon which any building or other improvement as aforesaid shall be constructed, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof, shall also be subject to the liens created by this act, if, at the time the work was commenced or the materials for the same had commenced to be furnished, the said land belonged to the person who caused said building or other improvement to be constructed, altered, or repaired; but if such person owned less than a fee simple estate in such land, then only his interest therein shall be subject to such lien; and in case such interest shall be a leasehold interest, and the holder thereof shall have forfeited his right thereto, the purchaser of such building or improvement and leasehold term, or so much thereof as remains unexpired, at any sale under the provisions of this act, shall be held to be the assignee of such leasehold term, and as such shall be entitled to pay the lessor all arrears of rent or other money and cost due under said lease,